The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-03-11

small man with q heavy gray mus
tache paced the floor of the Butler hotel
one day last week. His wrinkled face
and its careworn expression told OF men
tai suffering. He was w. s. Hurst. an
insurance adjuster of Vancouver. b. C.,
en- route to see his son. Joseph c. Hurst,
now awaiting the death penalty at Glen
dive. Mont, for the murder Of Sheriff
Dominick Cavanaugh December q, 1898.
Mr. Hurst win first visit Helena, where
he will make last plea with Gov. Smith
for executive clemency. Failing in this.
II is the opinion of Montana visitors in
the city that the citizens of the state will
take the matter up. for the feeling is
growing that an innocent man has been
convicted.
Mr.. Hurst was not inclined to talk. IT
suppose you want 10 ask me about joe"
he said. as he paused in his meditation.
well. / don't know what more l can
say than that he is not guilty. He was
convicted on the fiimsiest evidence; be-
cause he was not friendly with Sheriff
Cavanaugh and because he had some
blood stains on two handkerchiefs. Joe
was always subject to nose bleeding
every two weeks or SO, and these stains
were or his own blood. have every con-
fidence that IL will come out all right, and
SO has my son. The date set for his
execution is March 30, but" and a tear
trickled down his cheek. God will protect
him"
The Cavanaugh murder case is probably
one of the strangest that has ever taken
place in the West According to the evil
dence OF more than a dozen visitors from
that state now in the city. public senti-
ment is that Hurst is innocent. and, free
from -.ood. stands in the shadow of the
gallows.
In November. 1898, Joseph c. Hurst. who
Is young Republican, was candidate
for the office OF sheriff of Dawson
county against Dominick Cavanaugh,
Democrat. Ane latter was elected, and as
a result OF the contest an unfriendly
feeling sprang up between the two men.
December rs. following the election, Cava-
naugh was found murdered. having been
hit over the head with some blunt instru-
ment Several weeks later Hurst was ar
rested and charged with the crime, the
alleged motive being to secure the office.
Attorney James NJ. Myers, OF Missoula,
who knows young Hurst well. says that a
great mistake has been made: The con-
viction came about by carelessness,' he
said in an interview. Nobody ever
thought jury could be secured to con-
Wet, and. too late. attention was paid to
the case. Now a good portion of the state
is up in arms. and no doubt the matter
will be cleared up before 1t is too late.
Several near relatives OF Cavanaugh
were on the jury. and Hurst. his attor-
neys and friends were SO confident of his
acquittal that little testimony was Of
fered In defense. They were Mortified
wnen verdict of guilty was brought in
The supreme court was appealed to to
save the young man. but II found no re-
versihle errors in the records. and decided
that the court could not pass on the sur
ficiency OF the evidence
Attorney General Nolan was 80 certain
that the courts would decide the case for
Hurst that he did not appear In the case
He said there was not a scintilla of evil
dence against the young man and that his
arrest and conviction were one OF the
worst crimes In the history of the state
Lancard Bruce, cattleman Of Lewis
and Clark county. who was at the North
ern yesterday, when asked about the case,
said, 1T is. all a terrible mistake, and
must be undone. Even the courts don't
believe Hurst guilty. but IL shows what
the law will do when resistance is not
offered
odd man Hurst. tho boys father, has
spent every dollar he owned to try TO
right the laws wrong. but it will prob
ably deyove upon the citizens of Dawson
county to take the matter In hand. In
fact, they have already done so, and a
petition was being prepared when / left
home Joe Hurst was we'll liked In Daw-
son county and over the whole state and
few believe he is guilty of the crime
charged"