Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-03-13

t!enen, one OF whom was the Judge OF
the district, that he had never allowed
Mrs. Hurst to see her husband alone, and
l understand him to say since Hurst's
had never allowed Mrs. Hurst to see
hurst alone, because he was very en-
phatic in the statement, but / contend
that the fact is that since the decision of
the supreme court, Mrs. Hurst has not
been allowed to see her husband, except
once a week. On Wednesdays.
THE assertion as to the evidence of
Dustin, Gibson and Gilmore is q posi-
tive mlsstatement, If the record is true.
Gilmore at one time told Gibson he
thought 1t was Hurst he saw following
C~avanaugh. Gibson told him he ought
not to say that unless he was sure, be-
cause of the fact hat the feeling in the
community concerning the murder was
very high. Gilmore, in his examination
upon the trial, never went farther than
to say that he thought it was Hurst
he saw following Cavanaugh. 1t is in
the testimony in the case that Gilmore
swore, In a statement made to the at
tOrney general, under oath, that he was
not able to say that the man he saw
following Cavanaugh was or was not
Hurst. He admits having changed his
mind abOu the identification of the party
after having been talked to. He likewise
admits having, under oath, said that once
he took the man for Alexander Elliot
He admits having said, likewise under
oath, that the man he saw was possibly
As years old. He likewise admits tina he
had always said he could never swear it
was Hurst. His exact language in the
record is this: AT first l thought l didn't
know who it was; at second thought, I
thought it was a man ame Alexander
Elliot: at third thought. I thought it was
not him. After having an opportunity to
NnnCj0nT tho rn0tfnN md an h0ipn 70 1lynI
to. and comparing the man, my last
thought was that the man must be Joe
Hurst At one time he admits having
pointed out State Senator Cullen of Daw-
son county as a man who ooke like the
man he saw following ~Cavanaugh. He
likewise admits having said that he didn't
know the man. but If he ever saw him
again he would know him. as he had a
familiar walk. This is not one-tenth part
OF the contradiction in this mans testi-
mony, but he knew Joe Hurst for 10
years, and knew him we'll. and yet he
never MADE up his mind until asked by
the coroner if 1t wasn't Joe Hurst.
by order of the court, Mrs. Hurst was
not allowed to sit by her husbands side
during the course of the trial. Thu gen.
tleman who wrote the statement for Mr..
Holmes admits this.
II repeat that the trial and conviction
OF this man is a most remarkable thing,
say again tnat tnere Is not enough evil
dence against him to have warranted his
being placed on trial by anyone who had
the opportunity to know Gilmore and to
know What he had sworn to prior to the
trial. Every step I have taken in the in
v~estigation satisfies me more and more
or Hurst.s innocence. I shall stand by
MIN in the face Of all opposition, until
ne IS proved guilty by at least reasonable
evidence, or until I cease to believe in
his innocence, and I make the nredict;on
now, and I want this statement watched.
that Mr.. Holmes will never face me alone
IN pubic. n meet the issue of Hurst's
guilt or innocence"