The state herald., 1905-02-10
CAPITAL PUNIsHM ENT
SUSTAINED BY SUPREME COURT
Murderers May Be Hanged In Colorado
-Four Men Now Under Death
Sentence.


Denver, Feb. 7.-The long-expected
decision in the Youngblood murder
case was handed down by the Supreme
Court yesterday.
1t upheld the constitutlonality OF the
capital punishment law in Colorado on
applications for new trials by Fred Arr
mold, Newton A. Andrews and Charlef
o. Peters, the three lads convicted 81
the murder of Mrs. Amanda Your
blood, which occurred New Yefr's
Eve, 1903.
The law was upheld and the ey ecu
tiop of the death sentence impos ID by
the lower court was sustained The
date for the execution was seDfor the
week beginning May 21st neyt.
Azel ID. Galbraith, convip ed of the
| murder of his wife and chilli intltusseD
| Gulch last March, will alsJ hang, 1t Is
expected, as a result of : ais decision.
He was sentenced to h'.ng the week
beginning October 1Gt' last, but has
been reprieved at VAR JUS times to III
| low time for the co stitutionality Of
the law under which lie was sentenced
to lie settled.
His last reprieyl was granted by
Governor Adams anuary 14th and was
for forty-fve DIS. This will expire
during the first week in March.
Galbraith's' crime was one of the
most consur mate atrocity. Infatuasod
with Lottp Russell, Denver woman,
he rid hi'nself 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.
| hn hpl .1,at hi al
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 n full confes-
sion.
The Supreme Court made several
ether orders affecting Colorado mur-
derers yesterday. Joseph Burns, who
killed his wife, Nonan Burns. in Den
yer .ast fall. was denied a writ of SUI
| persedeas and an order previously en-
tered for stay OF sentence was va
Gated.
night to serve sentence of eight to
ten years.
Jacob Zipperian of La Plata county
singer in November. 1908, is to have u
new trial.
John Lynch of Gunnison county
convicted of voluntary manslaughter
is also 10 have n 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 Valyerde. fully armed. They
aroused the family by asking TO be al
lowed 10 enter the house and use the
| telephone.
When the door was opened by Mr.
| Youngblood he was assalled by the
three ruiiinns. His aged wife ran to
his rescue and was shot down in cold
blood. A son who attempted TO 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 Valvorde. liv.
ing In the rear OF the store. The boys
We're 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 Su'
preme Court on the following assign
| ments of error.
''First-Thc insuflcioncy of the ir.
formation under the testimony TO Jus.
tify verdict of murder IN the first de.
tree.
"sccond-The validity of the capital
punishment act.
Third Alleged errors In giving and
refusing instructions.
-Inadmissiblllty OF tes,i'
mony.
"Flnh-oyorrullng motion Of Defend.
ant Peters for change Of venue"
Points OF the Decision.