The record-union., 1896-12-29
Unless Colorado's Supreme Court Shall
Intervene.
Besides the Crime for Which He Has
Been Sentenced to be Hanged,
Downen Confessed to Two Other
rlurders and a Number of Bold
Highway Robberies, and Had
Served Time at San Quentin, CAL,
and WaIla Walla, Wash.

DENVER, Dec. 2S.-UnlesS the Su-
preme Court of the State of Colorado
dnterferes Robert H. Downen, the self
confessed and recently convicted muir
derer of Joel w. Ashworth, the whole
sale meat salesman, shot down on the
night of June 9th last will be executed
at the State Penitentiary some time
during the third week of next January.
The motion for new trial argued be-
fore Judge Butler ten days ago was de-
MED in the West Side court this morn
ing for reasons appended, and the ia
nous prisoner sentenced.
Judge Butler had scarce announced
his decision ere Albert E. Foote. counsel
for Downen arose and announced his
exception to the courts decision, and
expressed his intention of taking an ap-
peal to the Supreme Court. Assistant
District Attorney Hayes thereupon
moved for an immediate sentence of the
prisoner.
Downen, who appeared in court un-
shaven and weary from a night of un-
rest, listened intently as Judge Butler
calmly discussed the case prior to an
nouncing his decision. A noticeable
change came over the face of the con-
victed criminal when it became appar-
ent that there was not the remoteSt
possibility of his obtaining a new trial.
His face paled, his jaw dropped, and an
expression of unutterable detection took
possession of him. He arose like one IN
dream and tottered in the prisoners S
box with the apparent decrepitude of a
man of so when the court pronounced
his name and asked him to step for
ward With bowed head and downcast
eyes Downen humbly faced the court as
he was asked if he had aught to say
why sentence of death should not be
pronounced.
After few seconds hesitation he re-
Piled in indistinct tones, while his frame
shook with suppressed excitement: Il
have nothing to say except that l am
innocent of this murder"
Then, unable to restrain his emotion,
the boasted murderer of Joel w. Ash
worth and the reckless perpetrator of a
dozen audacious crimes, cried like a
child. The handkerchief which the
trembling hand pressed to the dimmed
eyes was moistened with the tears
Deliberately the court proceeded with
the distressing task before him. ''The
sentence of this court" announced
Judge Butler in tones which descended
upon all with startling distinctness, lis
that YOU be remanded to the Sheriff,
who is hereby ordered to convey you to
the penitentiary at Canyon City within
a period of twenty-four hours. there to
be given in the custody of the Warden
and kept in solitary confinement until
the beginning of the third week Of next
January, when you shall be taken to the
place of execution and hanged by the
neck until you are dead, and may God
have mercy on your SOUL" solemnly
concluded the court.
Still weeping, Downen received the
death sentence without any ejaculation
of terror, and hastily left the courtroom
in the custody of Deputy Sheriff. He
gradually became composed, and after
lighting a cigar was returned to his cell
in the County Jail.
In addition to the crime for which he
was to-day sentenced to death, Dow
nen has confessed having committed two
murders and a great many hold-ups.
From April until June of the present
year Downen perpetrated a number of
bold highway robberies in the suburbs,
and had several desperate encounters
with the police of this city. Downen's s
criminal record, according to his con-
fessions, is not by any means limited
to this vicinity. He acknowledges hav-
ing committed robberies in several
Western States, and has served time in
San Quentin, Cal, and Walla Walla,
Wash.