The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-12-29
Do EN- SENTENCED.
MURDERER WILL BE HANGED
NEXT MONTH.
His Face Bathed In Tears as the
Judge Pronounces His Doom
Something of His Record.

Denver, Colo, Dec 2S.-Unless the
supreme court of the state of Colo
RADIO interferes. Albert Hence Downen,
victed murderer of Joel W. Ashworth,
the wholesale meat salesman, shot
down on the night of June q, last, will
be executed at the state penitentiary
some time during the third week of
next January. The motion for a new
trial argued before Judge Butler, ten
days ago, was denied in the Westside
court this morning for the reasons APP
pended, and the famous prisoner SEN
fenced.
Judge Butler had scarce announced
his decision ere Albert Z. Foote, coun-
sci for Downen, arose and announced
his exception to the courts decision,
and expressed his intention of taking
an appeal to the supreme court. Dis
trict Attorney Hayes thereupon moved
for the Immediate sentence Of The
prisoner. Downen, who appeared in
court, 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 ii became appar-
ent that there was not the remoteSt
possibility of his obtaining new trial.
His face paled, his jaw dropped and an
expression of unutterable detection
possessed him.
He arose like one in a dream and
slowly tottered from the prisoners 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 anything
TO say why sentence of death should
not be pronounced.
After a few seconds hesitation, he
replied in indistinct tones while his
frame shook with suppressed excite
meat:
Il have nothing to say except that 1
am innocent of this murder"
Then, unable to longer restrain his
emotion, the boasted murderer of Joel
w. Ashworth, and the perpetrator of
a dozen aUdacious crimes, cried like
a child
Deliberately, the the court proceeded
with the distressing task before him.
THE sentence of this court" an
uounced Judge Butler, in tones which
descended upon all with startling dis
tinctness, lis that you be remanded to
the sheriff who is hereby ordered TO con-
vey you to the penitentiary at Canyon
City, within a period of "a hours, there
to be given in the custody of the war
den 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 judge, as
the tears glistened in his eyes.
Still weeping, Downen who received
the death sentence without any eiacu-
lation of terror, hastily left the court
room 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 today sentenced to death
Downen has confessed having commit
ted two murders and great many
hold ups.
From April until June of the present
year Downen perpetrated a number of
robberies in the suburbs and
Tad several desperate encounters with |
the police of this city.
Downen's criminal record, according !
20 his confessions. is not by any means |
limited to this vicinity. He aclznowl- |
edges having committed robbeiies in |
several western states and has served |
line in San Quentin, California and /
Walla Walla, Wash.