Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1902-12-20

been there before the injury. There:
were hundreds Of possibilities that
might be enumerated. The state had
not proven that there were no projec-
#tions in THE we'll on which the head
could have fallen. The injury to the
head might have been received by the
hook in trying to get him UP.
The top CT the coat collar might ac-
count for lack of abrasion. AS to the
cap, it was not natural to suppose
Hibbs had worn the cap pulled way
down to his shoulders, on that morn
ing. It was quite possible that after
life had gone that the injury could
have been received and that would ac-
count for the Lack Of external signs
He did not know whether 1t was an
illusion of Mrs Hibbs and May that
they saw Hibbs on the bucket or not.
The woman may have been deceived
in the shock of the moment It was
not impossible that the coat might
have caught and held the body up.
Why should Mrs Hibbs or JEFF May lie
about that. They worked upon the
body and got it up partly before Iver-
son came. 1t was not necessary to say
the coat was on the bucket. or that
they had seen it. The states theory
of the injury being received in the COW
barn was untenable. The head in
milking the COW was erect. Where
are the evidences? Is it possible to dc
such a deed and have no evidences in
the barn. The same was true of the
conditions at the well. They could
not have resulted if the injury had
been received n the barn. It was moi
reasonable that May would have lef,
blood there near the well if he had
been guilty. He was as innocent Of
that crime ais any man who lives. 5
Champagne was positive that MaS
told OF the blood. White and Hibbs
might be mistaken. Even if May hat
not told of It, it was no evidence agains
him. z
| Motive becomes of vital necessity
where there is any doubt as to tn,
crime itself. There was no nnotiv,
shown DIN this case. No reason u
earth has been shown. The state ha
not proved that Hibbs was murdered
In closing Mr.. Nye appealed to tn
jurySto render verdict that was just
one that would stand the test of time
one that would enable them hereafte
to look into the face OF the defendant
Of his family and of his child and sa.
they had returned a righteous verdict
1 A verdict of acquittal would be such
i verdict. s ~ RI 4: .35s.,5i 5.5.
4 The chronology of the May case or
clupied nearly a year. The death o
Harry Hibbs occurred on January i
last. The coroner's inquiry into tn,
case began a day on two later. Tn
body was exhumed and the fracture O
the skull discovered January %.
few days later the coroner's jury re
turned a verdict charging May witt
the crime and he was arrested. At
preliminary examination in Februar.
he was held to the district court 70
trial. After being dn Jail sevel
months, he was released in Septembe
on SIC, 600 bail. His trial began No
vember %, and it required a week t
obtain a jury. The superstitious, wfl
have a dread OF Friday, will probabl
find 1t difficult to reconcile their super
i Estitfons with the fact that the takin
OF testimony in the case was begun o
Friday, the end of the case was reache
on Friday and the verdict Of acquitta
i rendered on Friday 5S
FoaM. ballots were taken before tn
i jury reached a. verdict, and the jur
i sent for the skudl before they com
1 peted their deliberatio s