The Colorado statesman., 1905-02-11
CAPITAL PBMISRME 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 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, 1903.
The law YVES upheld and the eXecu-
ton 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 a 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 -eprieve was granted by
Governor Adams January 18th 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, a Denver woman,
he rid himself of his wife and boy by
'hooting them to death in their cabin
II Russell gulch last march. The shoot
ing occurred in the early morning
while Mrs. Galbraith was asleep.
When he had shot his wife, Gal
oraith 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 vas not discovered for several
weeks. Galbraith made a full confes-
sion.
The Supreme Court made several
other orders affecting Colorado muir
derers yesterday. Joseph Burns, who
killed his wife, Nonan Burns, in Den
YER last fall, was denied a writ of SUI
persedeas and an order previously en-
tered for stay of sentence was va
Gated.
He was taken to Canon City last
night to serve 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
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 horse and use the
telephone.
When the door was opened by Mr..
Youngblood he was assailed by the
three ruffians. 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 Valverde, liv-
| 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 We're tried in one
case and Arnold had separate trial.
The cases We're 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-Inadmissib of testi-
mony.
"Fifth-Overruling motion of Defend
ant Peters for change of venue"
Points of the Decision.
Denver, Feb. 7.-Following are the