Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1902-02-25
MAY Wants The TRUNK
Testimony Taken in the May Case Re-
garding the Trunk Taken from
the Ranch.
Attorneys Clash on Matters Relating to
Detention of the Trunk in
Question.
Coroner White Finishes His Testimony
at the Preliminary Hearing of
May Case.

1u6iV WSIe plSuty OIL LQlS
morning in the cross-examination Of
Coroner White in the May case. At
torney Register interrogated the wit
ness regarding the possession of a
trunk belonging to Jeff May which he
had secured the third trip he made to
the ranch. Mr.. White said he had
taken possession of the trunk, acting
under orders OF the states attorney.
Mr.. Register, in answering an objec-
ton of the state when this inquiry had
reached a certain stage. said the state
was in possession of this trunk and
had refused to surrender it to the de-
PENDANT when a demand had been
made for it. He objected vigorously
to this name of conduct on the part
of the state. Mr.. Allen for the state
said the trunk'had nothing to do with
this case, and that if the attorney for
the defense wanted to get possession
OF. the trunk or bring an action for
damages against the coroner or states
attorney. this was not the place to.
bring it. There was a long contro-
versy owe this matter, Mr.. Register
finally stating that while the trunk
might have been lawfully taken by the
state with the permission of the de-
PENDANT it was being unlawfully de-
tanned, when a request had been made
for it's return.
Another controversy was brought on
when Attorney Register asked that,
the bloody handkerchief belonging to
May, the overalls with blood on them,
the hay found in the stove and the
pieces of curbing with blood on them,
now in the possession of the state, be
produced in, court before the action
was .over The request was denied
for the time being.
Coroner Whites testimony was com
pleted at the morning session and it is
probable the case will be closed late
this afternoon.
In the May case yesterday after
noon Coroner White was put on the
stand and testified to his visits. at the
ranch after the death of Harry Hibbs.
MI. White said he had gone there with
MI. and Mrs. Champagne the day after
Harry Hibbs met his death. aud had
made Investigations into the cause of
death as o of Burleign county.
He had arrived there between IL and
II O'Clock at night. Nh. White said
he had met jeff May, the defendant, at
the ranch and he had volunteered to
inform him how the accident hap
pened. He had told him that Hibbs
had gotten up on a barrel, he thought.
and that his foot slipped while h. was
fixing the pulley and he fell in the
well. He showed him (White) where
the hat. pulley and ropes lay, where
the wrench was and two boards that
he said Harry had knocked from the
curb when he fell. He said he had
told Mr.. May that he came there as
coroner to investigate the death Of
Hibbs. Mr.. May did not point out tc
him where there had been any blood.
nor did he know when he left the
ranch at that time that there had
been any blood spilled about the curb.
Attorney Register objected to the tes-
timony regarding this point as, imma-
terial. Mr.. Allen said he thought it
was highly material to show that May
had failed to inform the coroner, who
was there as an officer of the law to
investigate the matter, that there had
been a pool of blood near the curb.
Mr.. White said the defendant had
shown him two boards claimed to have
been knocked from the curb, but that
he a not been shown any boards
with blood on them. Mr.. White said
he had made some experiments with
the well bucket while at the ranch on
the second visit, and found that the
bucket would sink as soon as the pull
ley and ropes were released from the
top. He had taken the pulley off the
chain and thrown it on the ground,
and the bucket began to sink immedi-
ately and the pulley was drawn toward
the curb and would go into the well if
not caught at the curb. The bucket
was a three-quarter barrel and held
% or 30 gallons. 1t had a trap in the
bottom allowing it to fill with water,
He had taken the pulley down several
times. standing on the barrel but did
not believesshe could reach it from the
table.
The cross-examination by Attorney
Register wa devoted to bringing out
whether May had stated that he knew
OF his own knowledge how Hibbs fell
in the well or how he thought he fell
in the well. There was a continual
fire Of questions covering this point,
Mr.. White stating that May told him
how he thought he fell in the well.
u - N4E~ -. Z. -. aEtTtE.BLA.