Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1900-03-07
A Strong Effort to Be Made to Save
Joseph Hurst From the
Callows.
GOVERNOR WILLB ASKED TO ACT
Alleged That Conviction Was Pro,
cured Through Prejudice and
Not Sustained by Evidence.
Helena Herald

When Gov. Smith returns to the
executive Office In a few days he will
be confronted with one of the most
complex problems that probably
ever taxed the executive since he
assumed the duties of his office. Jan.
/, 1897. The governor will be asked
to interfere with the law in the case
of Joseph Hurst, convicted of muir.
der in the first degree In Dawson
county. and sentenced to hang March
30th. The executive will be implored
to exercise the prerogative granted to
him under the constitution and pre-
vent either the hanging by granting
a stay pending further efforts to
secure a new trial from the supreme
court or by committing the punish
ment to life Imprisonment. AT the
same time the governor Is consider.
ing petitions in the interests of elem.
ency he will have to give weight to
protests from citizens Of Dawson
county, who are equally determined
that the governor shall not inter
fere and that the law shall be per.
mitted to take it's course.
The Hurst East bids fair to be one
OF the most mysterious in the history
of Montana crime, because of the cir
cumstantial character of the evidence
upon which he was convicted and
the doubt that will always exist in
the minds VI many familiar with the
case, whether the guilty man has
been caught. 1t will be remembered
that Hurst was charged with the
murder OF Sheriff Dominick Cava-
naugh, of Dawson county, Dec. %,
1895. The dead body OF the sheriff
was found In an alley near his house
the next morning. He had been hit
over the head with a blunt instru-
ment, the skull being fractured in
thirty places. Death must have
been instantaneous. The community
was appalled, at the enormity Of the
crime and the lack of a clue. East
r detectives were placed at work
on the case. They laid the crime at
the door of Joseph Hurst, n young
man vi good reputation. A strange
feature of the case was the fact that
Hurst had been the rival candidate
for sheriff in the election OfNovember,
1898, running upon the Republican
ticket against Cavanaugh. Hurst
was beaten by n few votes. 1t was
claimed that he took his defeat very
niue to heart and that he INDUCED
In threats to the effect that Cava-
naugh, IL elected, would never see
the new year. A witness by the
name of Gilmore testified that the
night OF the killing, a clear moonlit
night, he had seen a man. whom he
identified positively as Hurst, follow
ing Cavanaugh la the direction OF THE
place where tho sheriff's body was
found the next morning. He was
positive Hurst WAS walking as
though trying to overtake Cava'
naugh. The witness told different
stories at the coroner's inquest, at
the p~enitentiary hearing and at the
trial. At the latter he identified
Hurst az the man who was pursuing
the sheriff. At the previous proceed
ings he told other stories. He recon
ciled his evidence by saying that he
was a friend Of Hurst, that he did not
tell the truth until goaded to a sense
OF duty by the promptings OF his
conscience. This one mans testi.