Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-01-29
Supreme Court Has Di
missed the Appeals.
ONE BRUTAL MUIR
While the Evidence in the Other Case
Was Circumstantial-Cages Must
be Enclosed as the Law is De-
clared Constitutional.
Special to the Inter Mountain.

Special to the Inter Mountain.
Helena, Jan. 29.-The supreme court
rendered three important decisions to-
day. Two mean death to couple of
men convicted Of murder. while the third
is of intense interest, as it involves the
constitutionality of the law requiring
mining companies to enclose their min
ing cages.
The court affirmed the judgment of
the district court of Fergus county in
the case of the state against Joseph
Hurst, convicted of killing Sheriff Cava-
naugh, and sentenced to hang. Also at
firmed the judgment ct Fergus county
in the case of William w. Calder con-
victed Of foully numbering Farquhar Me-
Rae and James Allen, and sentenced to
hang. The third opinion affirms the
Judgment of Silver Bow county in the
case Of the Anaconda company for fail
ing to observe the law about enclosing
mining cages.
The evidence in the Hurst case was cir
cumstantial, while that in the Calder
case was conclusive. Joseph Hurst was
convicted at Glendive on March 21 of
last year Of numbering Sheriff Cava-
naugh. The dead body of the sheriff was
found lying in an alley near the jail on
a cold morning in December, 1898. He
had been killed by being hit on the head
by blunt instrument, an iron bolt. The
doctors who had examined the body said
the skull was broken in IS places.
The murder was one of the great sensa-
tions 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
claim that Joseph Hurst was the mur-
derer. He was tried and convicted. The
claim was made that Hurst committed
the deed in a spirit Of revenge at Cava-
naugh for beating him at the polls in the
race for sheriff of Dawson county in Mo-
vember, 1898. The most damaging wit>
ness against Hurst was man by the
name of Frank Gilmore. Gilmore swore
positively that the evening the murder
was committed. about o'clock. he was
unloading some wood and saw Cava-
naugh pass along. Hurst was about 30
feet behind him, carrying paper pack
age. 1t was a clear moonlight night and
Gilmore says he saw very distinctly. He
was positive in his identification OF
Hurst. He recognized Hurst from the
fact that the latter was larger than Cav
anaugh. Gillmore's evidence was very
damaging, in fact it practically hangs
the condemned man. Gilmore told a
number of different stories. When he
told the last one he claimed that the rea-
son he had not told the same story fro,A
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 Cavanaugh because Of the
election contest A woman testified to
having overheard Hurst say in convers-
hnsp thnr nj
Damned If he will get it," (Meaniny
that Cavanaugh would not be elected.)
IF the - of - did he would never
see the new year."
The testimony in connection with
what happened to Cavanaush shortly af-
ter the election was of course, very dam
aging to the accused. Hurst's counsel at
tackled Gllmore's testimony in fact
questioned all the evidence against the
man. The supreme court says in effect
that 1T has carefully considered the evil
denc and t does not feel justified in pass
ing upon the credibility of the witnesses.
I'VE have given our attention care
fully to the evidence" says the court.
land cannot say that the result reached
dence or that there is a reasonable doubt
Of the guilt of the defendant
The court says 1t cannot try the case
that Is a province of jury. The jury has
considered the evidence against Hurst
sufficient. The court considered that its
duty ended when after a careful examina-
tion of the record it found the evidence
sufficient to support the finding of the
jury. On account of the circumstantial
character of the case against Hurst an
appeal will be made to the governor by
his friends and relatives to commute the
sentence to life imprisonment
THE statement by the defendant to
Smith that McRae was in the wagon but
did not wish to be seen, and his possess
sion of the dead mans watch, sheep.
horses and wagon was under the circum-
stances and without reference to the tas.
OF the accomplice, evidence tend.
ing to connect the defendant with a mur-
der as appalling and fiendish in it's COM
mission and incidents as was ever perpre-
terated in Montana" is the severe lam
gauge contained in the courts decision
in the Calder case.
The facts brought out at the trial show
that the language is justified in every
particular Calder was the chief actor in
as dastardly crime as ever darkenad the
history Of Montana. The murder supple
mented robbery. Then the body of the
victims, for two men We're killed, were
cremated and the ashes dumped in the
river. The arrest Of Calder
and the others implicated. their trial and
are still fresh in the public
mind.
McRac and Allen lived in a cabin about
one and one-half miles from where the