Rocky Ford enterprise., 1905-02-10
CAPITAL PUNISHMENT
SUSTAINED BY SUPREME COURT
Murdsrsrs May Be Hanged In Colorado
-Four Men Now Under Death
aentenee.


Sentence.
Denver, Feb. 7.-The lons.expected
decision in the Youngblood murder
case was handed down by the Supreme
Court yesterday.
Il upheld the constitutionality 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, 1908.
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 2ist next.
Axei ID. Galbraith, convict~l OF the
murder of his wife and child In Russell
Gulch last March. will also hang. II 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 18th and was
during the first week In March.
Gaibraith's crime was one OF the
most consummate atrocity. Infatuated
with I-ottie Russell. u Denver woman,
he rid himself OF his wife and boy by
shooting them to death In their cabin
n Russell sulch last march. The shoot
Ing occurred in the early morning
while Mrs. Gaibraith was asleep.
When he had shot his wife. Gal
brnith called In his young son who was
playing outside. and told him to lie
down on the bed. This the child did
and the iiendish father then shot him.
Gaibraith covered the two bodies In
the bed and came TO Denver. The
crime was not discovered for several
weeks. Gaibraith made n full confes-
sion.
The Supreme Court made several
other orders affecting Colorado muf-
derers yesterday. Joseph Burns. who
killed his wife. Nonnn Burns. In Den
yer INST fall. was denied writ OF su-
pcrscdcas and IN order previously en-
tered for stay OF sentence was VA
Gated.
He was taken to Canon City last
night to serve u sentence OF eight tn
ten years.
Jacob Zippcrian Of La Plata county.
convicted OF the murder OF Matt Lux.
singer In November. 1908. In to have
new trial.
John Lynch of Gunnison county.
convicted OF voluntary manslaushtcf.
is also to have new trial.
The opinion uphoidinH the constitu'
tionaiity Of the hanging law was writ
,ep by Chief Justice Gabbcrt and con.
CURED In by the entire bench.
rh.. fs.t Irh h. hpt
were tried was one Of the most afro
cious ever committed In Denver. About
midnight on New Years Eve. 1905.
they went TO the home Of the Young
bloods IN vaivcrdc. fully armed. They
aroused the family by asking to be nj.
lowed to enter the house and use the
telephone.
when the door was opened by Mr..
YounHblood he was assailcd by the
three rufiians. His aged wife ran 10
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 valverdc, liv-
Ing In the rear Of the store. The boys
were arrested the next day and con.
fcsscd to the whole AFFAIR.
The trial resulted In their conviction.
Andrews and Peters were tried In one
case and Arnold had n separate trial.
The cases were appealed to the Su'
prcme Court on the following assign
menis OF error:
"First-The insufiiciency OF the in
formation under the Testimony to Jus
tify verdict OF murder In the first de
gree.
"Sccond-Thc validity of the capital
punishment act.
"Third-Allegcd errors In giving and
refusing Instructions.
"Fourth-inadmissibi OF testi-
mony.
"Fifth-Overruling motion Of Defend.
ant Peters for change OF Venue"