The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1900-05-03


handkerchiefs. These handAerchiefs
had blood stains upon them In the
corner of one was the imprint of a
finger.
These stains were never submitted
to a chemical or microscopical exam
ination, but the only two physicians
in Glendive swore that, save as to one
of the stains, it was their opinion they
were blood AS to this one, one of
the doctors was of the opinion that it
was paint, while the other was equally
positive it was blood. AS to this tes-
timony, it was shown that Hurst was
troubled with nOseb1eed, and the
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 discov
cred since. AS to motive, the only
one 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. 1t
would seem that such showing
mans life could be adjudged away.
Cavanaugh's assassin must neces-
sarily have received some blood from
his victim. Cavanaugh was man 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
handkerchief 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 utterly impossible
to be ridiculous. On this show
ing Hurst was adjudged guilty and
condemned to be hanged. The result
torneys dumfounded. When they re
covered from their amazement several
things were brought to their notice
that in measure explained the YER
dict. Among the men who sat in judg-
ment on Hurst was a brother-in-1aw
of the murdered man. Yet, to this
mans credit. he is said to have been
the last juror to agree to the yer dict
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
man named Bailey for a similar Of
Tense some time prior in the same
community. The judge then sitting
in that case has since stated that these
Coverings were exceedingly wroth
when new trial was granted after the
judge has said that his own life was
threatened because he granted Bailey
a new trial.
Upon the motion for a new trial af1-
| 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 afhdavits were contradicted by
| the jurors. Two of the jurors who sat
upon Hurst's trial have since made
| afidavits 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 public-spirited citizen of Butte.
who happened to be present 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 viii now inter
| fere.
| Hurst's lot has been an exceedingly
| hard one 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 20, 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 ever been allowed to see him dur
| ing the entire time of his incarcera-
| ton
A spice of romance is part of the
web and woof 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