The Glenwood post., 1922-12-07

After deliberating for more than 36
hours the jury in the district court,
called to try the case of the People
against Henry Ashbaugh, charged with
the murder OF Mrs. Blanche Tibbetts,
returned a verdict last Monday morn
ing debating the defendant guilty Of
involuntary manslaughter.
District Attorney Delaney made a
hard fight for the conviction of Ash
baugh for murder, but the defendant s
interests were ably guarded by Noonan
L Noonan of this city, and Merle D.
Vincent of Grand Junction. The case
was long drawn out and many witness
es were examin ned on both sides. Ash
baugh never at any time denied firing
the fatal shot, but claimed as q defense
great provocataon and self defense.
Ashbaugh was tenant on Mrs. Tib-
belts Canon creek ranch, and he and
his landlady had had considerable
trouble during the past season, culmin-
ating Sunday morning, August 6, when
Mrs .Tibbetts rode up to Ashbaughs
homo and renewed the long standing
quarrel. She was armed with , re-
volver, and Ashbsugh was shooting at
hawkn near his house with 22-cAlioer
rifle. Just what passed between them
can only be learned from Ashbaughs
statement, but as a finale to the alter
cation he raised hs gun and fired in
tho direction of Mrs. Tibbetts, the but
let entering her body and causing death
a short time afterwarda-
Ashbaugh believes OF claims thas 10
fireA but ono shot, but the horse which
Mrs. .Tibbetts was riding developed q
lameness soon after the tragedy. and
a wound was found in tho shoulder, in
aissti ing that Ashbaugh had fired ono
shot which had struck the horse. The
horse was later killed and q portion
Of the shoulder, showing . bullet hole,
was introduced in evidence and it is
believed that this did much to weaken
AsAbsughb story to the eject that he
fired but one shot.
1. Is stated that from the first the
jury stood nine for acquittal to three
who favored verdict Of guilty OF
murder. After much argument and
discussion and . careful review Of the
testimony the jury on Monday morning
arrived ~ compromise verdict, -
heretofore stated.
On Tuesday morning Ashbaugh was
brought into court for sentence. Under
the lxw q verdict for involuntary man
daughter may take . sentence Of fom
ten days to one year in the county
jail Judge shumate then sentenced
Ashbaugh to term Of eight months
in the county Jail, and the defendant
was at once returned to the county
prison to begin his sentence.
Following the disposition Of the Ash
bs,,gh case District Attorney Delaney
called up the ease Of the People versus
T. G. Mccarthy, this case occupying
the attention Of the court Tuesday and
Wednesday. This is case in which
Mr.. Mccarthy was charged with grand
larceny, or with the sale Of personal
properly that was covered by q chattel
mortgage. Sig Olsen was the prose-
cutting witness, and the case grew out
of a sale Of the Olsen ranch, live stock
and machinery, and n chattel mortgage
given by MCCARTHY to partially secure
the OlssAs.
Mccarthy sold some Of the mort
gagged property, but he claimed in jus
tification that he had the verbal con
sont Of the Olsens odo 20. The quss'
tion Of the guilt or innocence Of the
accused hinged upon this question, and
NJ. y. Mayes, MeCarthy's st*ernsy
"a