The Dickinson press., 1900-02-10
MurdererS HanQ.
The Supreme Court In Mon.
tana AffirmS the Decision
of the Lower Court In
Two Murder Cases.
Hurst's Case of Interest Here.

WV W .
Helena Herald: The supreme court
has affirmed the judgment of the lower
court in two more murder in the first de-
gree cases, the state against William
Calder and the state against Joseph
Hurst. Both men will hang unless the
governor interferes. Hurst was convict
ed of numbering Dominick Cavanaugh
in Dawson county and Calder of murder
ing Farquahr McRae in Fergus county.
The evidence in the Hurst case was
circumstantial, while that in the Calder
case was conclusive. Joseph Hurst was
convicted at Glendive, March 81, of last
year of numbering Sheriff Cavanaugh.
The dead body of the sheriff was found
lying in an alley near the Jail on a cold
morning in December, 1893. He had
been killed by being beaten on the head
with a blunt instrument, an iron bolt.
The doctors who had examined the body
said the skull was broken in s. places.
The murder was n of the great SEN
sations 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 the claim that Joseph Hurst was
the murderer. He was tried and con-
| victed.
The claim was made and the. theory
appears to prevail iii Glendive tina,
Hurst committed the deed in a spirit Of
revenge at Cavanaugh for beating him al
the polls in the race for sheriff of Daw
son county in November, 1893. The
most damaging witness against Hurs
was a man by the name of Frank Gil
more. Gilmore swore positively tina
the evening of the murder, about eigh
o'clock, he was unloading some wood an,
saw Cavanaugh pass along. Hurst wa
about thirty feet behind him carrying
paper package. 1t was a clear moon
light night and Gilmore says he saw bot
men very distinctly. He was positive il
his Identification of Hurst. He recog
nized Hurst from the fact that the latte
was larger than Cavanaugh.
Gilmore's evidence was very damagin
to Hurst, in fact it practically hangs tn
condemned man. Gilmore told a nun
Der of different stories When he toll
the last one he claimed that the reaso
he had not told the same story from til
beginning was because he was ver
friendly to Hurst and wanted to shiel
him. Evidence was also introduced
to threats that Hurst was alleged to ha,
made against %Cavanaugh because of II
election contest. A woman testified
having heard Hurst say in conversir
with another man about the electio
"Damn if he'll get it," meaning tn
Cavanaugh would not be elected. "
the s. of a b. did, he would never S,
: the new year."
This testimony in connection wi
. what happened to Cavanaugh shortly a
ter election vas of course very dana
ing to the accused. Hurst's counsel {
tackled Gilmore's testimony, in fact que
toned all the evidence against the ma
: The supreme court says in effect, tn
| it has carefully considered the eviden
= and it does not feel justified in passil
, upon the credibility Of the witness.
"We have given our attention careful
, to the evidence" says the court, "al
: cannot say that the result reached by t
jury was not justified by the evidence
that there is a reasonable doubt of Il
! guilt of the defendant" The court sa
it cannot try the case, that is the pl
' vince of a jury. A jury has consider
the evidence against Hurst s%ufficiel
The court considered that its duty end
when after a careful examination of t
record it found the evidence sufficient
support the findings of the jury.