Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1900-02-10
HURST HANGS.
What the Supreme Court Of Montana
Says Of the Hurst
Case.
Hurst Must Hang for His Crime
Unless the Governor In
terferes.

En.5 ~ ~. -@.E5EsEE
The Helena papers give an extended
account of tile finding of the supreme
court in the case of Joe Hurst, sem
fenced to death for the murder of Saer-
lift Cavanaugh of Glendiye. Hurst was
a former resident of Bismarck and
Mandan and we'll known among the
boys here. The account saws:
The supreme court has affirmed the
Judgment of the lower court i'm two
more murder in the first degree cases,
the state against William Calder and
the state against Joseph Hurst. Both
men wild hang unless the governor in
terferes. Hurst was convicted of
numbering Dominick Cavanallgh in
Dawson county and Calder of murder
ing Farquahar McRae in Fergus
county.
The evidence in the Hurst case was
circlImstantial, while that in the Calder
case was c0ncir lslve. Joseph Hurst
was convicted at Glendive, March q,
of last year, of numbering Sheriff Cav
anaugth. The dead body of the sheriff
was found lying in an aaley near the
jadl en- a cold morning in December.
1888. He had been Killed by being
beaten on the mead with a blunt instru-
ment, an iron bolt. The doctors who
had examined the body said the skull
was broken in 30 places. The murder
was one OF the great sensations of the
day. There appeared to be no clue.
Offers of reward failed to locate the
murderer. Eastern detectives who
Went to work on the case finally made
the claim that Joseph Hurst was the
murderer. He was tried and con-
victed. @t% So -
The claim was made and the theory
appears to- prevail in Glendiye that
Hurst committed the deed in a spir.it
of revenge at Cavanaugh for beafing
him at the polls in the race for sheriff
OF Dawson county in November, 1898.
The most damaging witness against
Hurst was a, mai by the name of Frank
Gilmore. Gilmore sWore positively
that the evening of the murder, about
8 o'clock, he was unloading some wood
n saw Cayanangh pass along. Hurst
was about thirty feet behind him
carrying a paper package. 1t was a
clear moonlight night and Gilmore says
lie saw both men very distinctly. He
was positive in his Identification of
Hurst. He recognized Hurst from
the fact that the latter was larger than
C~aNanaugh. #%#
Glmore's evidence was very damag-
ing to Hurst, in fact it practically
hangs the condemned man. Gilmore
TOLD a number of different stories.
When he todd the last n he claimed
that the reason he 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 CavanaugI because of the
election contest. 4 woman testified
to having heard Hurst say in conver-
saticn with another man about the
election: Damn if hell get it." mean
ing that C~avanaugh would not be
elected. If the s. of a b. did, he
Would never see the new year"
This testimony in connection with
what happened to Cavanaugh shortly
after election was of course very dam
aging to the accused. Hurst's coun-
sci attacked Gilmore's testimony. in
fact questioned all the evidence against
the man.
The supreme court says in effect,
that 1t has carefully considered the evil
dence and it does not feel justified ii
passing upon the credihiltty of the wit
nesSes. I'VE have given our attention
carefully to the evidence" says the
court, land canno say that the result
reached by the jury was not justified
by the evidence or that there is a rea-
sonable doubt OF the guilt of the de
PENDANT The court says it cannot
try the case, that is the province of a
jury. A jury has considered the evil
dence against Hurst sufficient. The
court considered that its duty ended
when after a careful examination of
the record it found the evidence sufi-
clent to support the findings of the
jury.