Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1900-03-31
GOVERNORS REASONS.
Why He Refused to Commute the Death.
Sentence Of Zoe Hurst.
III HURST HANGING.

THE HURST HANGING.
An accounI of the hanging of Joe
Hurst at Glendive says: Rev. Father
Claude of Dickinson was with the con-
demned man on the scaHo1d. He ae-
cepted the Catholic faith ana expressed
implicit faith in the hereafter. He
marched to the ga1lows alone, saying
Deputy TWible, You needn't hold
me, George, / can stand alone" After
the moose was placed around his neck,
he said, Gentlemen, this is a terrible
mistake. ] bear no hatred toward any
Of you. forgive YOU all as Jesus
would do &5s
At 2:43 the body was taken down
and delivered to his friends.
Rev. Henry Warman made public
statement this morning in which he
claims Hurst admitted that he killed
.Cayanaugh.
The Helena herald of Wednesday
published the following synopsis of
Governor Smiths letter to Hurst's at
torneys wherein he declines to COM.
mute the condemned mans sentence:
Governor Smith has declined to IN
sterfere with the Judgment of the courts
in.tthe case OF: Joseph g. Hurst, under
sentence of death in Glendiye for the
murder of Dominick Cayanaugh. sher-
:lf of Dawson county, 5on December %;
1898. The governor announced this
decision at noonstoday py making pub
lie a long letter he had written to G..
p Connolly, Il. j. Gaskell and G. w!
Myers, nurst's attorneys, who recently
appeared before the governor in behalf
of executive clemency.
The governor reviews the leading
contentions9o of Hurst's attorneys as to-
there being ample ground for execu-
tive clemency on account of the cir
icumstantial character of the evidence
and the absence Of evidence connect
ing Joe Hurst with the crime except
the testimony of witnesses Gilmore
and Ward, and concludes that the
showing made by the attorneys is not
sufficient to warrant4@hi interviewing.
The governor criticises severely the
articles that G. P. Connolly printed in
the Anaconda Standard rejecting up.
on the trial of Hurst and attacking the
citizens Of Dawson county. Referring
to his belief in Judge Loud's sincerity
and fidelity to his sworn duty in over
ruling the motion for a new trial the
governor says: Il cannot be forced
into the belief that Judge Loud would
sentence any manic be hanged unless
he was thoroughly satisfied with the
verdict rendered by a jury in his
court" The governor reviews the SUI
preme court opinion and comments
upon the pardoning power, saying in
effect that if he allowed sympathy or
personal feeling to control his actions
there would be no necessity for courts
or juries. Such exercise of the power
would be legal and judicial anarchy
says the governor. Concerning Gill
more's testimony, the governor says
it stands mistaken from the first to the
last.
There is a sensational feature of the
governors letter in which he makes
public a letter written by Attorney
Myers to G. P. Connolly, explaining
why Hurst did not take the stand. The
letter went to the governor by mistake.
It was naturally damaging as it stated
why Hurst was not put on the stand
and also why evidence was not intro
tduced as to his good character because
it was feared that evidence would be
introduced attacking his reputation,
the defense learning there were wit
nesses ready to testify that Hurst's
reputation was bad. !,
The governor says in conclusion that
after patient examination he cannot
believe that he would ne justified in
interfering with the judgment of the
courts and that the law must take its
course.
Referring to the opinion of the SUI
preme court, State VS.. Hurst, the gov
ernor recites:
I'VE have given our attention care
fully and patientlyNto the examination
of the whole Of the evidence and we
Icannot say that the result reached by
the jury is not justified by it, or that
there is upon the whole of the evidence
a reasonable doubt Of the defendants
guilt Here the supreme court OF
the state say that they have carefully
and patiently examined all Of the evil
Idence and that they find that the YER
dict Of the jury was justified by that
Eeyidence, nor are these men able to
say that the evidence did not prove
the defendant guilty beyond a reason
able doubt.
The#counsel#claim now that the rea-
son they did not put Hurst on the stand
was that they did not think any case
had been made against him, and in re
ferring to this the governor says:
1.-THE true reason, however, is to be
found in a letter written by Hon. G.
NV. Myers to G. P. Connolly, dated
March 2, 1900. Among other things
in that letter, Mr.. Myers says: "I dc
not believe Hurst could have beer
safely put on the. stand in his own be.
half owing to the number of people
who would have contradicted him al
was explained to you by Gen. Haskell
while you was at Glendiye. Now, as tt
why Hursts good character was moi
put in evidence, under the feeling ex.
listing at the time Of the trial it would