The Neihart herald. [volume] (Neihart, Mont.) 1890-1901, 1900-06-23

OF the board of county commissioners
the appointment to fill the vacancy for
the unexpired term of Cavanaugh.
Hurst received the appointment, hold
ing the office for five days, when he
was arrested. There seems to have
been no suspicion of Hurst until a de-
teCtive came from st. Paul and, learn
ing that Hurst had been the opposing
candidate Of C~avanaugh, directed sus-
picion against him. At the time of
his arrest the %coroner's inquest was
in session and Hurst had been gather
ing evidence against persons supposed
to be implicated. His arrest caused a
cessation of these Investigations and
directed towards finding in how far
Hurst was incriminated. With this
and that they were enabled to make d
showing sufficiently strong to war
rant his being held, and eventually he
was brought to trial. Meantime pub
lie opinion seems to have determined
Hurst's guilt. The chief witness for
the state was Frank Gilmore, who I'D
to that time was looked upon as pc
culiar, eccentric and unreliable. Gill
more testified that on the night of the
murder C~avanaugh, on his way home,
passed and spoke to him; that follow
ing C~avanaugh, thirty-ive or forty
feet behind, came a man whom he
identified as Hurst, and that both dis
appeared in the direction where Ca
uann11ob'c roItilotoI hn1u rroo po,,al
the following morning. This seemed
damning, but it was shown that on
the morning after the murder Gilmore
had spoken to several persons about
the man he had seen following Ca
vanaugh; that he had mentioned
Hurst as this man, but had, in fact,
mentioned three or four other men as
answering the description Of the per-
son who was logging Cavanaugh; thai
he had. in a sworn statement to the
attorney general Of the state at the
time of the inquest, said this person
was, in his opinion, one Charles Gal
lagher; that he described this person
as wearing a cap, whereas other state
witnesses swore that they had seen
Hurst ten minutes before the alleged
reconnoiter with Gilmore, and that
then Hurst was wearing a hat. To all
of this Gilmore answered that he had
not implicated Hurst in the first place
because he desired to shield him.
Two witnesses for the state swore
that a day or two after the election
I,,.r in cNAnl.f-n rf rvpuia,,, ,~1.4:-.t
matters and persons, among them
Cavanaugh, and a certain Mumford,
made the remark that he would get
even and would FIX him" 1t is not
clear that these remarks were intend
ed for ~Cavanaugh, there being a CON
fict in the testimony. 1t was further
shown by the state that after Hurst's
arrest his home was searched, and
hanging in his bedroom was found a
pair OF pantaloons encased in overa!ls,
in the pockets of which We're two
handkerchiefs. These handkerchiefs
had blood stains upon them. In the
corner of one was the imprint of a
finger.
These stains were never submitted
to a chemical or m~icroscopical exam
ination, but the only two physicians
in Glendive swore that, save as to one
of the stains, it was their opinion they
were blood. AS to this one, one of
the doctors was of the opinion that 1t
was paint, while the other was equally
positive it was blood. AS to this tes-
timony, it was shown that Hurst was