The Holly chieftain., 1905-02-10
CAPITAL PUNISHMENT
SUSTAINED BY SUPREME COURT
-Four Men Now Under Death
Sentence.

Denver, rep- 81 Et iOnS-tAptcttu
decision in the loungblo murder
case was handed down by the Supreme
Court YESTERDAY.
Ii upheld the constitutlonality of the
capital punishment Law in Colorado on
applications for new trials by Fred Ar
mold. Newton A. Andrews and Charles
o. Peters, the three lads convicted Of
the murder Of Mrs. Amanda Young
blood, which occurred New Years
Eve, 1868.
The law was upheld and the eXecu-
tion of the death sentence imposed by
the lower court was sustained. The
date for the execution was set for the
week beginning May 21st next.
Azel d. Galbraith, convicted of the
murder of his wife and child In Russell
Gulch last March, will also hang, it is
expected, as result Of this decision.
He was sentenced to hang the week
beginning October 10th last, but has
been reprieved at various times to al
low time for the constitutionality of
the Law under which he was sentenced
to be settled.
His last reprieve was granted by
Governor Adams January 14th and was
for forty-five days. This will expire
during the first week in March.
Galbraith's crime was one OF the
most consummate atrocity. infatuated
with Lottie Russell. Denver woman
he rid himself of his wife and boy by
shooting them to death in their cabin
in Russell gulch last march. The shoot
ing occurred in the early morning
while Mrs. Galbraith was asleep.
When he had shot his wife, Gal
braith called in his young son who was
playing outside, and told him to lie
down on the bed. This the child did
and the fiendish father then shot him.
Galbraith covered the two bodies in
| the bed and came to Denver. The
crime was not discovered for several
weeks. Galbraith made a full confes.
sion.
| other orders affecting Colorado muir
| derers yesterday. Joseph Burns, who
killed his wife, Nonan Burns, in Den
yer lasf. fall, was denied a writ Of SUI
persede.- and an order previously en-
| tered for stay of sentence was va
Gated.
He M.s taken to Canon City last
night to serve a sentence of eight to
ten years.
Jacob Zipperian Of La Plata county,
| convicted of the murder of Matt Lux
singer In November, 1903, is to have a
new trial.
John Lynch of Gunnison county,
convicted of voluntary manslaughter,
Is also to have new trial.
The opinion upholding the constitu-
tionality OF the hanging law was writ.
ten by Chief Justice Gabbert and con.
CURED in by the entire bench.
The murder for which the three boys
were tried was one of the most afro
cious ever committed in Denver. About
midnight on New Years Eve, 1908,
they went to the home of the Young
bloods in Valverde. fully armed. They
aroused the family by asking to be al.
lowed to enter the house and use the
telephone.
When the door was opened by Mr.
Youngblood he was assailed by the
three ruf1ians. His aged wife ran To
his rescue and was shot down in cold
blood. A son who attempted 10 assist
his parents was shot and dangerously
wounded. and lay for weeks between
life and death in the county hospital
The Youngbloods had but recently
come to Denver from the South, and
kept small grocery in Nalyerde, liy.
ing in the rear of the store. The boys
were arrested the next day and con
fessed to the whole affair.
The trial resulted In their conviction
Andrews and Peters were tried in one
case and Arnold had separate trial
The cases were appealed to the SUI
preme Court on the following assign
ments of error:
"First-The insufiiciency of the in
formation under the testimony to JUS
tify verdict of murder in the first de-
gree.
"Second-The validity of the capital
punishment act.
"Third-Alleged errors in giving and
refusing instructions.
"Fourth-Inadmissibility OF testi
mony.
,"Fifth-Overruling motion of Defend
ant Peters for change OF venue"