Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-03-10

during the taking of testimony, and
these persons were present without let
or h~indrance on the part of anyone. Two
of his brothers-in-law, Ira Alling and DR..
Clifford Lindsay, were in constant at
tendance and aiding his attorneys In pre-
pairing the evidence on his behalf.
AS to Mrs. Hurst for the past year not
being allowed to see her husband the
fact is the rule of the sheriff has been
that she or any of her family were to be
regularly admitted to the Jail from 2 to 4
in the afternoon of each day, and not
only has Mrs. Hurst been free to see him
at this regularly appointed time but she
has been permitted to enter his cell and
sit alone with him there, and this confin-
ued until February I'D. 1900, when / he
was finally sentenced under the judgment
of the supreme court. Since that time
the sheriff has appointed each Wednes-
day from 2 to 4 for the regular visits
At any time during the past year when
there was special reason for the wife or
any relative seeing Hurst they have been
admitted to the Jail.
The statement made by Mr.. Connolly
over his signature, is a gross libel Hurst
had not only the services of the three at
torneys already named, but before the
supreme court of this state his cause
was defended by the Hon. William Wal
lace. Jr. Now, Mr.. Connolly appears
upon the scene, spends "a hours in Glen
dive, without compensation 90 and trag-
ical1y declares: II say it with all rever-
ence that the tragedy of Christ before
plate was ~re-enacted in the little town
of Glendive upon the trial and conviction
of Hurst. The whole thing from begin
ming to end was a series of objectionable
plumbers and mistaken ZEAL"
This is the iDsedixit of Mr.. Connolly.
To him the determination of court and
Jury is as nothing; the careful and pa
tient review of this case by the supreme
court of the state of Montana is idle
chaff ;the foul death of Doininicl. Cav
anaugh by crushing his skull into Is
pieces has been by competent and legal
evidence weighed and recOnsidered and
by all the rules Of law traced to Hurst
to this innocent man who is now, in the
newspapers, Mr.. COnnOlly's client, and
this determination has the solemn sane
ton of the highest tribunal in the state,
and still. without remuneration or hope
of reward, Mr.. Connolly not only ami
hilates all the courts of the state, but
HI arraigns the state itself before him
self for condemnation, ITO him as to
every Montanian who seeks the welfare
of his state in the cause of justice all
places are temples and all seasons sum-
mer,' and If this man shall be executed
Montana shall stand for it and stand
for it before all the country"
By what royal ~prerogative hath the
county attorney of Silver Bow county
become greater h the laws of the state
of Montana, and by what right shall he
be permitted to excuse and palliate the
foul murder Of Dominick Cavanaugh,
which by the a~djudications of every trf-
bunal known to the law of the state OF
Montana, has been traced, beyond any
reasonable doubt. to the hand of Joseph
c.. Hurst. ii 3,
Mr.. Connolly pictures Hurst as suffer
ing indiGnities and humiliations that
make the heart grow sick to contem-
plate" And what are these: This
young nan was told he would not be
bound over to the district court. Heibe-
lieved it: but he was bound over to the
district court. He was told he would not
be convicted before a jury; he believed
1t. but he was convicted. He was told
the judge, would grant him a new trial:
again he was disappointed. Friends and
enemies alike proclaimed that the su-
preme court would not let the conviction
, stand. The supreme court did let the
conviction stand"
These proceedings had in the method
appointed by the law of the land, regu-
, larly and solemnly transacted before a
c%oroner's jury, the committing magis-
!, trate, the district court, and finally re-
viewed and determined in the supreme
court ARE, in the opinion of Mr.. Connolly,
~'indfgnities n humiliations'' which it
makes his heart grow sick to contem-
: plate.
: To people actually cognizant of the
) facts In this case as they have been
transacted in the courts and as they have
Ia SlC loWA VI IlCllulFH where
| this heinous crime was committed, the
: reading OF the many misstatements and
} deliberate perversions of fact in the ar
ticle of Mr.. Connolly makes the heart
, of every honest and truthful man sick.
of Hurst ne avs: His guilt is utterly
! incompatible with his past life; his char
: acter has been exemplary and above re-
. proach." The least hat can be said in
this respect is that the facts do not bear
out the assertion.
Mr.. Connolly's article dwells with
great fondness upon Alex. S. Gillespie.
Hurst's father-in-law, and the figure that
Mr.. Gillespie cut at the last democratic
conventions at Anaconda. Mr.. Gillespie
was an Intelligent n highly respected
citizen of this community. He was pres
{ emit at Hurst's side during the whole trial.
aiding in 1t, both by his presence and nv
, his counsel, and in the presence Of the
attorneys and officers OF this court went
!. to Judge Loud, who presided at the trial
. ana expressed to him his thanks and an
probation for the fair and impartial way
/: in which the trial had been conducted.
l This Is an undisputed fact. and is a
) complete answer to the reckless and ma
: licious in~sinuations which Mr.. Connolly.
! over his signature, now seeks to scatter
: broadcast against the judge and court
r who tried this case. Instead of their he
, ing any oppression of the defendant ,at
t any stage of the proceedings and instead
: Of there being the least disposition on
; the part of either judge, jury or prose-
. cutting officer to cause anything to be
: ~unjustly done against the defendant. he
: had as fair and as impartial a trial as
was ever administered in any court, and
l the assertions of Mr.. Connolly to the
contrary in his fervid article are base
, less in fact, and exist only in his poet
e ical imagination which makes "All sea-
: sons m 4
> He declares that a brother-in-law OF
: Mr.. Cavanaugh sat upon the jury. The
: fact Is that the juror referred to, q Mr.
Thomas, is a man of middle age and
. was, years ago, the husband of q sister
e Of Dominick ~Cavanaugh's wife, but thal