Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1900-03-07

mony was all that tended to connect
Hurst with the crime. The remain
der OF the testimony against him
was ever more circumstantial. The
community was strongly preiudiced
against the accused. There seemed
to be a demand for a victim, for
some one to punish for the crime.
Hurst was convicted after n memoir
able trial. An appeal was taken to
the supreme court, but the hlghertr i.
bunal did not see Its way clear to In
terfere. The court said In effect that
1t could not invade the province OF
the jury and pass upon thecredibility
Of witnessss-the jury and the lower
court had heard and seen the wit
nesses testify and were therefore In a
better position to judge of their cred
Utility. The court said 1t conld find
no error In the records upon which
to reverse the case. and Ii would,
therefore, have to affirm the iudg-
ment. This removed the last hope Of
the accused and resort then was had
to the ancient and honorable right
Of petition.
The services OF many living outside
Of Dawson county have been elected
In behalf OF the condemned man.
Among those who are championing
the cause OF Hurst IL G.. p. Connolly,
county attorney OF Silver Bow coun-
ty. He hus given the case careful
and personal investigation. He feels
convinced that a great wrong will be
perpetrated II Hurst is hanged.
He has prepared an address to the
public upon the matter, for publica-
ton In the papers OF the state In
order, as he says, to arouse the peo-
pie of Montana to a sense OF the
wrong that he believes will be per-
petrated II Hurst suffers the extreme
penalty.
In the course OF his communication
Mr.. Connolly says:
"All the world demanded justice
for Dreyfus; yet Joseph C. Hurst il to
be hanged, and there is no powerb but
the Intervention OF the governor to
save him, upon evidence which com
pared with the evidence OF the Drey-
fus case, makes Drcyius a criminal OF
the blacklist dye. Dreyfus' wife be-
came a heroine in the eyes Of the
world for her devotion to the u
of her husband and his liberty. But
she had money and enlisted the in
fluence of powerful friends. Hurst
has q wife who In her devotion IL
Just m worthy of every praise, but
she is poor-the little savings that
she and her devoted husband hoard
ed up for themselves and their babes
have been swept away In their
brave effort to stem the food of in
Justice and oppression that has en-
quilted their home now more than a
year. 1t has left that brave young
mother and two children desolate.
The disgrace OF the conviction OF her
husbands disgrace that all Mon
tana shares-has killed her father.
Alexander Gillespie. a high-strung,
high-minded man whose name was
honored over eastern Montanaevery-
where; 1t has left the Gillespie home
stead dismantled, while her mother
and her sisters have gathered around
the brave. struggling young wife in
a home built by the husband with his
own hands, each trying to comfort
the other, and all-these helpless
females alone against the world
crouching beneath the vindictive
vengeance of u community gone mad
with passion and prejudice. Not a
word against the character OF these
noble women-not a word against
the young husband torn from his
wife and children and made to suffer
indignities and humiliations that
make the heart grow sick to contem-
plate-until this charge was brought
against him. Yet, now he Ia In the
shadow Of the gallows, as innocent
OF the crime as you or %I-innocent as
can be demonstrated beyond the
question Of a doubt, In my opinion.
And all this In the land of the mouL-
tains and freedom! 1t makes one
wonder whether the law il not all 4
farce"
Another elaborate review OF the
case in which Mr.. Connolly az a law
yer, points out the weak points In
the states case, he concludes as fol
lows:
"a brother-in-law OF Dominick
Cavanaugh, the murdered man, sat
on the jury that tried Hurst. A bro
ther of two of the witnesses for the