Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-03-13
Mr.. CONNOLLY !:
MAKES REPLY

MAkt1 ftPLl
Continued from Page 81
1t is only necessary to say. in reply to
that attack, that, according. to his own
statement, the republican party was the
dominant party in Dawson countypiand
Mr.. Hurst secured the nomination. for
the important position of sheriff. He
was only rs years old at the Time a
very young man to be nominated for
such an important position. Hist OPP
pOnent, Mr.. C~avanaugh, according to
his own statement, was a democrat, but
had, Notwithstanding the ascendaney of
the republican party in Dawson county,
been elected for twelve consecutive
years to various offices in that county.
Yet, on election day, Mr.. Cavanaugh de-
feated MI. Hurst by only forty votes
In the entire county. Cavanaugh was a
good man and had made an excellent
sheriff, and he was entitled to a second
term, according to all the rules Of poll
tical logic, and yet he defeated Hurst by
only forty votes. In the face of these
facts. the attack pom young Hurst falls
to the ground. ~
1.-The statement says that the %coroner's
jury consisted of Hurst's political
friends, yet I can place my finger upon
the testimony in the record which shows
that the first mention of Hurst's name in
connection with the case was when the
foreman of that. same jury suggested to
the witness, Frank Gilmore, in open
court that it was Hurst that he had seen
following Cavanaugh. That was an IN
fair thing for even a political enemy to
do, but it Is stretching human charity
too far to call that man a friend
1.-The record shows that GillmOre's
testimony on the stand at the trial of the
case is to the effect that he thought it
was Hurst
II do not care to answer those parts
of Mr. Holmes article which quote pOr-
lions of sentences which he attributes to
me and stops. short in the middle
ments vulnerable to his attacks.
Il would respectfully suggest that
courts n juries AVE made. unfortu-
nately, too many mistakes. The consti-
tutiOnal convention provided for a par
doning Pow f. to consist of the governor
and members of the state board Of
pardons. If that body, which contained
more of intelligence h a any legisla-
tive body that ever sat in Montana, lac
eN~S tA~S SOOAN III 0A4A W.
make mistakes they would not have set
up. as part of h administration of the
law. this pardoning power, to correct the
mistakes of courts and juries."
II did not say, nor mean to say, in my
former communication that there was
being refused permission to take the
stand. What I did say was that there
came near being a scene. In the consul.
tation held in the court room and in
many consultations held between Hurst
and his lawyers. Hurst vigorously pro-
tested against the injustice of keeping
him off the stand, and his own counsel
me that, they were compelled,
to use strong measures to prevent. him
from appealing to the court for permis-
sion to take the stand.
I'm the statement prepared for, MI.
Holmes, he dwells upon the facts that
Hurst's stories of his whereabouts IN, the
night of the killing Of Cavanaugh differ
saying at the %coroner's inquest that
he was on the main street of the town
once: and that he said at the preliminary
hearing that he had been on the main
street twice. I contend that it makes
no more difference where Hurst was at
o'clock or at nine o'clock than If
suspicion a never been directed against
him. for by the states own witnesses,
this murder was committed at about 1928
between that an 8:35. At $3.50 exactly,
one of the states own witnesses says that
saw Hurst in front of his barber shop,
on the main street, playing with a
a I want to further say that
any man., no matter how innocent, If
called before a cOroner's jury ten days
a crime and asked to account for
his particular actions upon that certain
might be honestly mistaken as to
the number of times he went up and
a certain street, and he might, up-
o n thinking the matter over and refresh
ing his recollection by talking to others.
have opportunity to correct the state.
ment without directing suspicion against
him. I do not mean to admit that what
Holmes lays is true, however. What
do say is that the state must make out
It's case without placing the defendant
proof of an alibi, and his they have
never dOn Furthermore, the officers
of that county, as I believe the facts will
entered Hurst's house, violat-
the very spirit of the constitution.
Ind searched 1t for evidence against him.
they had a search warrant, It was
a blind. All they found were
handkerchiefs on which they claim
vas some blood, and an old over
alls. a mark upon which was said to bear
q resemblance to an old stain of some
kind. 1t is true, Hurst and his relatives
did not object to this search of his house. I
and rather invited it. O
when I vas in Glendive, on the 93rd
February. last, I was old by the sher.
1T himself. In the presence of other gem
!