The Neihart herald. [volume] (Neihart, Mont.) 1890-1901, 1900-06-23

lrouoled Win ~nosebleed, and q
washerwoman who cleansed his
clothes testified that Hurst's handker-
chiefs were usually stained with more
or less of blood. This was all the evil
dence against Hurst at the time of the
verdict, and all that has been discoyi
cred since. AS to motive, the only
ora urged by the prosecution was that
Hurst had been defeated for the Office
of sheriff and wanted the office. to
which he hoped to be appointed in
the event of Cavanaugh's death. It
would seem that on such a showing no
mans life could be adjudged away.
Cavanaugh's assassin must neces-
sarily have received some blood from
his victim. Cavanaugh was a mar of
great muscular power, able to COPE with
most any one in the community. 1t
has been contended by the counsel for
the state that Hurst held one of the
handkerchiefs found in his pocket
over Cavanaugh's mouth, to prevent
the emission of any sound, while he
beat him with some blunt instrument
on the head from behind. This Hurst's
counsel declared so utterly impossible
as to be ridiculous. On this show
ing Hurst was ~adjudged guilty and
condemned to be hanged. The result
was SO unexpected that it left his at
torneys d~umfounded. When they re
covered from their amazement several
things were brought to their notice
that in a measure explained the YER
dict. Among the men who sat in judg-
ment on Hurst was a brother-in-law
OF the murdered man. Yet, to this
mans credit, he is said to have been
the last juror to agree to the verdict
and gave way to his feelings when the
verdict was returned. Two of the wit
nesses for the state were brothers of
another of the jurors. This juror, whose
name was Lowering, together with his
brothers, who were witnesses, had
been active in the prosecution of a
man named Bailey for a similar Of
Tense some time prior in the sam
community. The judge then sitting
in that case has since stated that these
Coverings were exceedingly wroth
when a new trial was granted after the
conviction of Bailey, and this same
judge has said that his W life was
threatened because he granted Bailey
a new trial.
Upon the motion for a new trial aft
davits were made to the effect that two
others of the jurors had said, prior to
being called into the jury box, that
Hurst was guilty and should hang, but
these ~aftidavits were contradicted by
the jurors. Two of the jurors who sat
upon Hu7st's trial have since made
atfidavits that they voted for the con-
viction OF Hurst for the reason that
he failed to take the stand, admit
ted that they disregarded the ~instruc-
tions of the court in this respect.
Despite all this, and more, the Su-
preme Court has refused to intervene
on the ground that there were no err
rors of law in the case. Nor has there
been any popular demand for interven-
ton, either by the court or the other
constituted authorities. Indeed, the
state has, until the present, been I'M
aware of this remarkable trial. Glen
dive is an isolated community, and I'M
til a philosophical citizen of Butte,
who happened to be present on the
day on which Hurst was sentenced.
learned of the facts and gave them
publicity, the press of the state had
been silent. But now the whole state
is becoming aroused to the actual con-
dition of affairs, and it is not unlikely
that Governor Smith will now inter-
fere.
Hurst's lot has been an exceedingly
hard n during all this ordeal. His
devoted wife and children were not al
lowed to be present at his side during
his trial. His wife has never been al
lowed to see him since his incarcera-
ton, fourteen months ago, except
through prison bars, and then only in
the presence of the sheriff. After the
decision of the Supreme Court was
rendered, on January 29, and until the
matter was brought to the attention of
the court the day he was sentenced,
his own counsel were not allowed to
see him in private. No friend of his
has eve been allowed to see him dur
ing the entire time of his incarcera-
ton.
A spice of romance is part of the
web and wool of the whole case. One
of the most active partisans of the
prosecution and one of the most zeal
Gus witnesses for the state was former
ly a sutton for the hand of Joe
Hurst's pretty wife, and has never
seemed to have forgiven his success
full rival.