Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1900-02-16
HURST HANGS.
What the Supreme Court of Montana
Says of the Hurst
Case.
Hurst Must, Hang for His: Crime
Unless the Governor In
~terferes.

The Helena papers give an extended
account Of the finding of the supreme
court in the case of Joe Hurst. SELL
fenced to death for the murder Of Sller-
iff Cavanaugh Of Glendive. Hurst was
a former resident of Bismarck and
Mandan and we'll known among the
boys here. The account says:
The supreme court has affirmed the
Judgment OF the lower court in two
more murder III the first degree cases,
the state against William Calder and
the state against Joseph Hurst. Both
men will hang unless the governor in
tcrfereS. Hurst was convicted of
numbering Dominick Cavanaugll in
Dawson county and Calder of murder
ing F%arqualar Mcltae in Fergus
county.
The evidence in the Hurst case was
clrclmstantial, while that in the Calder
case was conclusive. Joseph Hurst
was convicted at Glenlive, March u,
OF last year. OF numbering Sheriff Cav
anauGNl. The dead body Of the sheriff
was found lying in an alley near the
.jail ON Il cold morning in December,
1898. He had been killed by being
beaten on the head With Il blunt inS1ru-
ment. an iron bolt. I1ie doctors vino
had examined the body said the skull
vas broken in 81 places. The murder
vas one Of the great sensations of the
day. There appeared to be mo clue.
Offers of reward failed TO locate the
murderer. Eastern detectives who
went to work on the ease finally made
the claim that Joseph Hurst was the
murderer. IIe was tried AMI con-
victed.
The claim was made and the theory
appears to prevail in Glendive that
Hurst committed the deed in Il: spirit
him at the polls in the race for sheriff
OF Dawson county in November, 1898.
The most damaging witness against
hurst was Il ~ by the name of Frank
Gilmore. Gilmore swOrc positively
that the evening of the murder. about
8 O'Clock, he was unloading some wood
anu saw Cavanaugh pass along. Hurst
was about thirty feet behind him
carrying IL paper package. 1t was !:
clear moonlight night and Gilmore says
lie saw both men very distinctly. lie
was positive in his Identification of
Hurst. He recognized Hurst from
the fact that the latter was larger tllan
CaNanaugh.
Gilmore's evidence was very damay-
ing to Hurst, in fact it practically
hangs the condemned man. Gilmore
told a number of different stories.
When he told the last one he claimed
that the reason lie had not told the
same story from the beginning was
because he was very friendly to Hurst
and wanted to shield him. Evidence
was ALSO introduced as to threats that
Hurst was alleged to have made
against Cavanaugn because Of the
election contest. \ woman testified
to having heard Hurst say in CONVEX.
sattion with another man about the
election: damn if he'll get it," mean'
ing that ~Cavanaugh would not bt
elected. ''lf the s. of Il b. did. III
would never see the new year"
This testimony in connection will
what happened to Cavanaugll ShOrtl,
after election was Of course very dam,
aging to the accused. Hurst's cOun
sci attacked GilmOre'S testimony. il
fact questioned all the evidence agains
the man.
The supreme court says in effect
that it has carefully considered the evil
dence and it does not feel justified il
passing upon the crcdibil:ty of the wit
nesses. "We have given our attention
carefully to the evidence" says the
court. "and cannot say that the result
reached by the jury was not justified
by the evidence or that there is Il. rea.
sonable doubt OF the guilt of THE de.
fendant." The court says it cannoa
try THE case, that is the province of i:
jury. A jury has considered the evi.
dence against Hurst sufficient. Tho
court considered that it's duty ended
when after Il careful examination OF
the record it found the evidence sufti'
cient to support the findings of tho
jury.