Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-03-10
suggestion which might lead to any party

Jul C6SIOAA WHICH t1A6AG ICON ~ IA -
in this crime. and this jury
composed Of five republicans and
n democrat. These republicans .
political supporters Of Hurst, n
when they began that investiga-
'tion. utterly without any personal or po-
litical prejudice against him. They had
known him for years. The %coroner's in
quest extended over a great number OF
days. and the actions of the persons most
suspected of this crime by the general
public at the time of it's commission were
most thoroughly and patiently ~ilyesti-
gated. Instead of some detective point
ing the finger of accusation at Hurst, 1t
was the statement OF Hurst himself when
called before the Jury which
led to the suggestion of his possible con-
nectfon with the crime. He came before
the ~cOrcner's jury. as his testimony on
file shows. and made a statement as to
his own actions en- the evening of Decem-
Der %, 1898, the evening of the murder.
He protested to give a detailed account
OF his own transactions, and the time of
EACH, from the time he left his home at
about $3.50 IN the evening, until his re-
turn. He claimed to have been in vari-
u stores and in various places trans
acting business. He made this state
ment freely and voluntarily, but within
twelve hours from that time the ~coroner's
jury, by their Investigations, had learned
~ oAN4 NNuAJ VI y lIdC 1ll0
statement contained an absolutely false
account of his transactions covering at
least one hours time. This caused the
~corcnef's Jury to begin an earnest inves-
tigation Of the whereabouts and actions
of Hurst on that evening and of his mo-
tive for committing that crime, and OF
his past history and disposition to COM
NIT a crime. The result of that investi-
CATION was a finding, written for that
jury by the attorney general of the state
Of Montana. charging Hurst. not with
the crime of running for office, but with
the deliberate n premeditated murder
OF DOminick Cavartaugh.
Hurst was arrested and ~immediatelv
there was held a preliminary examina-
ton occupying more than one weeks
time n causing the examination of a
large number of witnesses. On this ex-
animation Hurst again stood before the
committing magistrate and with uplifted
hand became a witness in his own behalf
and again went upon the stand gave
another detailed account of his own ac-
tons on the evening of December 23d.
This he did by the advice of his attor-
neys. His second story differed in ma
terial matters from the claim he had
made for himself before the coroner
jury. Instead of going up and down the
street once, as he claimed he had done
in his statement, before the c~oroner's
jury, in this second account of himself
Ou IAdI CNCIIlS AC pdSSCu UP ana GOWN
h main street of the town of Glendive
twice. The murder of C~avanaugh oc-
CURED very nearly at l8:25 in the even
ing and this is the time in that even
ing when Hurst, in his own testimony,
makes these variant and conflicting
statements as to his own actions.
Mr.. Connolly in his much lauded
demonstration declares, But the most
damaging fact against Hurst in the
minds of the jury and the community
was the fact that he failed to take the
| stand on the trial in his own behalf al
though he had lone SO both at the coro.
ner's inquest n the preliminary exam.
linatiOn. In the presence Of his counse,
he told me that he had begged and plead.
ed to be allowed to do this but they over.
ruled him. There was almost a scene II
court over this dispute between himsel
and counsel. His counsel ~corroboratet
this statement In his presence. In speak.
ing of this he broke down for. the Ara
time since his incarceration and said tina
II he had to die he would have felt bet.
ter to know that for the sake of his fam
lily he had told his story, Eel if the jur,
had not believed him." Mr.. Connoll,
was not defending Hurst as his thel
counsel were and he is not defending hin
now by his articles in the columns Of tn,
press before any tribunal called to pas
upon matters of evidence, but he is writ
ing an article calculated by innuend.
against the courts of the state; by cal
jimmy against the people of Dawson
county and by glowing descriptions o
alleged oppression to appeal to the PEG
pie of the state to join in a movement TO
clemency at the hands of the executive
and in his desperation to secure thi
clemency he seems lot to hesitate at an,
Misrepresentation.
Instead of there being any scene ii
court when the time came to decid,
whether or not Hurst would take tn,
nto nj hts ot+NsroA1yC a cl>o1 Aon - ~I>~~A 80
cess of the court to consult wer
granted it, n his attorneys, three II
number, and the defendant Hurst ant
his father and father-in-law and som,
other relatives Joined in a consultation
in the court room. There was nothin,
in it bordering upon a scene in court o
anything Of that kind. The converse
ton was low and conducted in the Ordi
nary manner and after it the defendant
attorneys rested their case and cease,
to offer evidence. Hurst's attorneys a
that time not only faced the varian
statements that he had already made be
fore the coroner's jury and the commit
ting magistrate, but they well knew tina
II he went for n upon the wit
ness stand to give evidence in his owl
covering a large portion of the time be
tween 8 n 8 o'clock, awaited him
Hurst at hat time had the benefit O
three attorneys, one of them the Hon
Henri j. Haskell, an ex-attorney genera
Of this state, the others, G. w. Myer
and c. R. Middleton, who have beer emf
nently successful in criminal cases, an,
acting upon the advice Of these gentle
men he did MOI go upon the stand. Flo
this decision Mr.. Connolly now make
the remarkable excuse hat 1.-THE fac
is his ounsel did not dream of his con
viction," and this in the face of evidenc
Just held by the supreme court to b
without error n to establish guilt be
yond a reasonable douut. If 'Hurst's at
torneys had at that time been impresse,
with the innocence of their client an
the truthfulness of the testimony which
he would probably give on the stand, n
feeling of security against the evidenc
produced by the state would have caus
ed them to keen him off tho -uzitnac