Those Scoundrels

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Transcriptions may not be reproduced for profit and are made available for genealogical purposes. 

Updated 01/02/01

ARMOR, E. M.

A BORDER AND HIS BILL

Capitol Hill Episode Rehearsed in Justice Cowell's Court.

Rocky Mountain News, 5/29/1895

     Yesterday in Cowell's court, E. M. Armor, a drug clerk, was placed on trial, he being accused of assault and battery and burglary by Mrs. Clara Ball, landlady of a boarding house on Capitol Hill.  The prosecuting witness accused Armor of having broken into a room about April 1.  Armor failed to pay a board bill of $126 and was given notice to leave.  Mrs. Ball locked the door of the room occupied by Armor.  On the day mentioned Armor called with an express man.  The two men broke into the room after a struggle with Mrs. Ball and removed Armor's trunk and other belongings.  Attorney Mosey espoused the cause of Mrs. Ball, and it is said, made an agreement with Armor that did not suit the landlady.  It is also claimed that previous to the trouble Armor agreed to supply the house with $50 worth of coal in settlement of part of his bill.  The coal come and also a bill to Mrs. Ball which she was compelled to pay.  The case will be resumed today.

Denver Post, 1/5/1895

     Judge Cater this morning dismissed the cases of larceny against Ellen Barry, Mrs. Barry is the woman who it's claimed disrobed Widow Cafflery and took $25 from her.

     Mrs. Barry denies that her husband was drunk when he lost the money.  After the money was missed, the widow was suspected and the money found on her person.

BIGLOW, Mamie, aka May.

MAY BIGLOW'S TRIAL

Charged With Robbing Two of Her Visitors.

Denver Post, 1/5/1895

     The cases of Mamie, alias May Biglow, charging her with larceny from the person, came up for trial at the Criminal court today and was reset for January 24.  

     There are two charges against her.  One is for stealing $95 from C. H. Tilton and the other is for stealing $70 from Ladena Lucore.  Tilton was placed under $500 bonds for his appearance at the trial.  Judge O. N. Hilton is defending her. 

BROWN, A. M. 

HIS JAG BROKE THE JUGS.

Drunken Engineer with a Lot of Crockery.

Rocky Mountain News, 6/27/1895

     While Ezra Steinmetz and Clyde Roe, boys employed by the Denver Porcelain and Stoneware Company, were engaged in unloading jugs and plates from a wagon at Fifteenth and Lawrence Streets yesterday afternoon, one A. M. Brown, an engineer living at 1441 Blake Street approached.  Brown was under the influence of liquor and he saw before him an excellent opportunity to give vent to his hilarious feelings.

     He approached the wagon at an unsteady gait, took the whip from its socket and drove the boys away.  He then filled his arms with jugs and turned and faced the crowd that had been attracted by the disturbance.

     "Smash de jugs!" shouted a newsboy.  For support Brown leaned against the dashboard.  The suggestion of the newsboy had its effect.  Seeing that he could easily become a hero, he deliberately smashed the jugs upon the asphalt pavement.  The small boys yelled in glee.  Officer Blake placed Brown under arrest and charged him with drunkenness and disturbance.

CLARK, Clarence W.

THE KNOT WAS WEAK

Doubt About the Legality of Clarence Clark's Marriage.

Justice Morse, Who Performed the Ceremony for the Pretended Bicycle Champion, Did Not Fill in the Blanks Properly, and The Action of the Bride in Obtaining a Divorce Is Thought to Have Been Unnecessary.

Denver Post, 1/5/1895

     Miss Gertie Hutchinson, who secured a divorce from her husband, Clarence W. Clark, some time ago, had all her trouble for nothing.

     It will be remembered that Clark came to this city with many medals and a bicycle.

     He claimed to have won all the medals in bicycle races, and whispered it around that he possessed a diamond belt valued $30,000.  He arrived here on a Friday and was married the following Monday, was arrested on Wednesday and was divorced a week later.  The divorce proceedings have proven were not necessary, as the couple were not legally married.

     Judge Morse, who received the envelope from Clark which contained a $1 bill for performing the ceremony, was over paid, and Clark's friends will probably bring suit to have the money refunded.  In making out the certificate Judge Morse inserted Clark's name where his own should be and left the spaces for the contracting parties blank.

     According to the marriage certificate the marriage was not legally performed.  When the suit was brought for divorce Clark was confined in the county jail where he was serving a sixty day sentence for petty larceny.

     He had gone into a woman's room in the La Casa block and stolen $10 from the mantel.  This money he used to get the marriage license and gave Judge Morse a lonely dollar bill for performing the ceremony.

     The rest of the cash was used to take his bride to Castle Rock, where he was arrested and brought back.

     Clark is at present serving out his sentence and will be tried next week for alleged perjury, as it is charged that he swore falsely when he said his bride was over 18 years old.

CURRAN, John

GREEN, Thomas

LOCAL BREVITIES

Rocky Mountain News 6/14/1895

     August Pabst, loaded with beer, was held up in the alley in the rear of the Haymarket last night.  Later in the evening John Curran and Thomas Green were arrested on suspicion of being connected with the holding up of Pabst.

DeMERCEY, A. H.

(*see article under Pardons)

DeMOSS, WILLIAM

DE MOSS TRIAL

Rocky Mountain News, 6/10/1895

Accused Will Be Arraigned Today for Killing Giuseppi Cemino.

Rocky Mountain News, 6/10/1895

     William DeMoss will be placed on trial in the West Side court this morning for the murder of Giuseppi Cemino, also known as Joe Ross, on the afternoon of Easter Sunday, April 14.  Cemino, in company with other Italians, was holding a feast at the home of Vincent Talerico, at Thrity-first and Quincy Streets, North Denver, when DeMoss and four companions came by and mimicked the dancing of the Italians.  Cemino and DeMoss had some words together, when DeMoss pulled a 32-caliber revolver and shot him through the heart, eye-witnesses say, without any provocation.  Ralph Talbot will defend the accused.

     DeMoss, since his arrest and imprisonment in the county jail, has spent most of his time reading or playing checkers with the guards.  His conduct has been exemplary, and at no time has he shown a disposition to cause the jail officials any trouble.  Regarding his crime and his hopes for the future he has always declined to speak with any person except his brother-in-law and his attorney. 

HANNUM, James

SHOT THROUGH THE HEART

Fred Johnson Killed by James Hannum in Aspen Yesterday.

Special to the News

Rocky Mountain News, 8/28/1895

ASPEN, Colo., Aug. 27.--At 3 o'clock this morning James Hannum shot and killed Fred Johnson in a house on Tincan Alley.  Deceased was sleeping in a rear room.  Hannum came to the place, searching for his alleged wife.  Upon hearing the noise, it is supposed Johnson arose and caught Hannum's second shot, which passed through his hear.  He reeled towards the front door, and there fell and died. 

HOWARD, Ida M.

Denver Post 3/7/1895

     Sam Jacobs and H. Snowden of Clear Creek came together last evening at Sixteenth and Larimer Streets.  Snowden accused Jacobs of being a horse thief and the latter retaliated by knocking his accuser down. Office Burke placed both men under arrest. 

LEADVILLE ROBBERY

Rocky Mountain News, 5/26/1895

Special to The News.

     LEADVILLE, Colo., May 26.-- It is more than probable that at least two of the men who were guilty of the hold-up at Cripple Creek are behind the bars of the Lake County jail. Deputy Sterling of Cripple Creek has positive evidence that one of the men captured by Sheriff Leslie is "Kid" Gray, who is supposed to the man who struck the stage driver when the bold brigands made the haul.  The deputy and the prisoner were brought face to face and Gray turned as white as a sheet when he saw the deputy.  The men who have been living on the fat of the land at Carrie Miller's place, are sulky and sullen, and refuse to talk.  "Los Angeles" is believed to be in hiding hereabouts and the sheriff and his posse are scouring the country for him. 

MAAS, William

(*see article under Pardons )

MALONEY, James

(*see article under Pardons)

MANIX, John J.

DEATH OF MANIX

Shooting Declared by Detectives to Have Been Accidental.

Rocky Mountain News, 7/5/1895

     The detectives are unable to find the person who fired the shot that killed John J. Manix at Nineteenth and Larimer streets Wednesday night.  If the act was the cowardly impulse of an assassin, the guilty party will escape justice for no efforts are being made to find him.  The detectives declare that in their opinion the killing was an accident, although there is reason to believe it was a murder.  An assassin could have chosen no better time to commit his crime, for the disturbance created by the shooting of crackers and small cannons upon the street was so great that a pistol short would not have been particularly noticed.  A close examination of the body yesterday revealed the fact that the bullet had entered the left side of the neck behind and below the ear, and had passed thought the neck, the point of exit being an inch below the right ear.  Manix was therefore shot by a person standing upon the opposite side of the street. 

MAYOR, Michael T.

ASKED FOR MERCY

Special to The News

Rocky Mountain News, 11/26/1895

LEADVILLE, Colo., Nov. 25.--Michael F. Mayor, the sporty young man who pleaded guilty to embezzlement, came into court this morning in a very penitent and contrite mood.  He pleaded guilty and threw himself upon the mercy of the court.  A letter was also received from the wife of the prisoner; pathetically pleading for mercy.  He had, she stated, three children to support, and begged the judge to be as lenient as possible with the erring man.  The district attorney also spoke a few words asking for leniency.  He said that the actual amount of the prisoner's defalcation was only about $105.  Mayor himself made a brief speech, stating that his downfall was due entirely to gambling.  He was a collector for the Gold Packing Company of Kansas City.  Judge Owens gave the prisoner one year at hard labor at Canon City.

MC NAMARA, Daniel

STATE HAPPENINGS

Denver Post, 3/6/1895

Colorado Springs--The jury in the case of Daniel McNamara, charged with assault to rob, brought in a verdict yesterday of guilty.  McNamara was a Bull Hill man and it is alleged assaulted a man in Cripple Creek and tried to rob him. 

MURPHY, John

(*see article under Pardons, )

NORTHROP, Fred

(*see article under Pardons)

PARDONS

BOARD OF PARDONS

Harley McCoy Must Remain in the Penitentiary Until the Supreme Court Decides

Rocky Mountain News, 1/5/1895

     The Board of Pardons worked up to 6 o'clock last evening without granting a single application.  The case of Harley McCoy brought out a little ebullition from the governor, in the course of which he emphatically denied the report that he had stated he would pardon McCoy before retiring from office.  It was found that McCoy's application for a rehearing has not been dismissed by the Supreme Court and the board refused to enter into consideration of the application.  McCoy's name was placed at the head of the list for the next meeting.  W. H. Davis, heretofore attorney for McCoy, has withdrawn from the case.

     The case of Richard McCoy of Fremont County, which has been detailed in these columns, was argued at length, and the Board decided to let him stay in the pen.  Senator McNeeley and ex-Senator Beckwith showed that he has threatened to kill Dr. Dawson and others whom he does not like.

     Applications of George D. Burns, John Brady and William Gilmore, all of Pueblo, and found guilty of burglary, were refused, although a strong argument was heard in favor of Burns' innocence.

     The board refused to look favorably on the application of C. W. Gable of Arapahoe County.  Gable is sentenced for life for murder.  His father, an accessory, was pardoned by Governor Waite in 1893, on recommendation of the courts.

     Richard Thompson, fined $200 and bagged for ninety days by Justice Harper, failed to excite the sympathy of the board, but the case of Robert Holmes, as presented by Judge Sale, induced the board to name Drs. Love and Wheeler as a committee to look into the sanity of the prisoner.  Holmes is a Garfield County man and is serving a twelve-year sentence for killing his step-father.

     Richard Lorain, ten years, burglary, Mesa County, has applied for pardon on the grounds that justice has been satisfied.

     Governor Waite treated the board and a large crowd of spectators to several interesting exhibitions at the night session of the board of pardons.  The first outburst came from the executive when the chairman decided the vote on the conditional pardon of Andrew Bigger as not having carried.  The vote stood 4 to 3, but the rules require that all votes on second termers must be unanimous in order to prevail.  Governor Waite excitedly declared that he would pardon Bigger anyhow.

     Bigger has served twelve years on a life sentence for murder.  He hails from Ouray County and shot a man in a drunken spree, having served ninety days of a previous sentence for assault to kill.  His pardon was asked for by a big petition signed by a majority of the people of Ouray.  He has been serving as librarian at the penitentiary and has a clean record at the institution.  The condition imposed is that he shall not indulge in strong drink.

    The board also recommended the pardon of John Freiburg of Sedgwick County, who is serving three years for robbery, and John Vanhove of Arapahoe, seven years for burglary.  Vanhove was a student at the Denver University and Chancellor McDowell has been interested in the case for months.  Freiburg obtained clemency through the intercession of Representative Carnahan.

     Those refused last night were: George F. Almeter, Arapahoe; W. T. Roberts, Arapahoe; J. Mc Nally, Otero; G. A. Sollars, Arapahoe; E. Wells, Arapahoe; P. M. Dillow, Arapahoe; D. Danforth, Arapahoe; Harry Archer, El Paso; Josiah Jackson, Arapahoe; D. Gould, Las Animas; J. G. Hultz, Arapahoe; Mark Powers, Montrose; T. W. Sawyer, Arapahoe; S. G. Wilson, Arapahoe; C. Wedel, Park; F. Maes, Rio Grande.

     Applications of Josiah Jackson and Harry Archer were refused, not being approved by the trial judge or the District Attorney.

PARDONS

TO STAY THE LAW.

Appeal of Abe Taylor's Wife to the Governor, Whom She Believes Has a Good Heart.

Rocky Mountain News, 6/4/1895

     The first step in an application for the pardon of Abe Taylor which will bring the matter before the state board, was taken perhaps quite unconsciously, by his wife, who lives at Norwood.  Taylor is under sentence to be hanged at the Canon City penitentiary the last week of the present month.  Under date of May 22, she addressed a letter to the governor asking that Taylor's life be spared.  The letter was referred to the Board of Pardons.  Proper papers will now be filled out by direction of the secretary and the case will come before the board in the usual way.  Mrs. Taylor's letter shows her to be an illiterate woman, unable, clearly, to express her feelings.  She writes:

     "My husband, Age talyor, is centence to be hung for killing Mr. Emerson of alamosa.  I thought I would write to you and see if you Spare his life for my sake and my little girl if you would be so kind.  I saw you in Rico last fall and I think you are a good man and got a good heart.  Yours truly,"

                        Jennie Taylor

     The pardon board will hold its regular monthly meeting next Friday.  Thirty cases are down for hearing, including that of J. L. Campbell, serving thirty-three years for murder.  The story of the remarkable developments in this case was recently told in The News.  The case of Columbus B. Sikes, serving a life sentence for murder, is again set for hearing and heads the list.  The following are the cases to come before the board:

     Columbus B. Sikes, Ouray County, life, J. G. Kearney, Pitkin County, fifteen years, February, 1897. Henry Lee, Arapahoe County, fourteen years, January 1901. John L. Campbell, Mesa County, thirty-three years, March, 1904. Toribio Archuletto, Pueblo County, five years, October, 1897. William Barron, Pueblo County, five years, October, 1897. John Brady, Pueblo County, five years, July, 1896.  Isaac Seeley, El Paso County, three years, March 1896.  Joseph Slinker, Rio Grande County, four years, February, 1896.  William Sherrill, Routt County, five years, June, 1897. Foster Brown, Arapahoe County, five years, October, 1895.  Richard Manley, Hueffano County, twenty-four years, April 1904.  Charles Thornton, Arapahoe County, five years, November, 1895.  G. T. Graves, Chaffee County, three years, July, 1895.  George S. Ashley, Pitkin County, six years, March, 1897.  John Dunn, Pueblo

County, two years, July, 1895.  John Cox, Fremont County, ten years, July, 1898.  Peter Foley, Huerfano County, twenty years, April, 1892.  B. Fengvessy, Arapahoe County, three years, August, 1896.  Nathan Rosenbloom, Arapahoe County, three years, August, 1896.  Frank Hart, Pueblo County, five years, November, 1896.  C. C. Rogers, Hinsdale County, seven years, April, 1897.  Thomas Kelley, Arapahoe County, fifteen years, October, 1900.  Charles Gavin, Arapahoe County, ten years, October 1898.  George H. Smith, Arapahoe County, two years, October, 1895.  J. Dawson, El Paso County. two years, November, 1895.  Frank Hamilton, Arapahoe County, ten years, May, 1900.  Mike Sherry, Mineral County, three years, March, 1896.  William Davis, El Paso County, three years, August 4, 1895.  Emil Becker, Arapahoe County, fourteen years, November, 1901. 

PARDONS

Governor's Hard Headed Board Refuses the Applications of Nearly All Case Brought Up--Let One Man Go If He Will Promise to Make Himself Scarce--Cresswell of Berthoud Must Serve His Time--An Old Neighbor Professes to Be Afraid for His Life if the Prisoner Is Released.

Rocky Mountain News, 8/22/1895

     The Board of Pardons spent four hours last evening in an endeavor to make the punishment fit the crime.  Governor McIntire, who acted as Pooh Bah, occupied the chair, and Drs. Wheeler, Beaver, Mr. Bonynge and Secretary Gabriel were present.  R. B. Richardson was pardoned on condition that he go to his home in Missouri.  The ground was an excessive sentence of thirteen years for larceny.

     The case of David P. Cresswell was considered unfavorably.  Cresswell killed Pat Buckley in Berthoud two years ago.  The victim was a burly laborer who went into Cresswell's store when drunk and began to abuse him.  A letter from C. V. Stryker of Berthoud was read, protesting against the pardon of Cresswell.  Stryker said he was afraid of his life if Cresswell got out as Cresswell had said he would kill him.  Warren Blinn, one of the jurors at Cresswell's trial, laughed at Striker's statement and ascribed it to an old ditch quarrel.  He said Cresswell had very great provocation, was nervous and irritable, owing to a previous sunstroke and had always been an excellent citizen.  The application was denied only Dr. Beaver voting on the side of mercy.

     John Murphy and William Maas were convicted of highway robbery June 6, 1891, and a pardon at this time would cut off about twelve months of their sentence.  Colonel Neil Dennison said that they were convicted entirely on circumstantial evidence, and he never was satisfied with the verdict.  A letter from Tom Ward, assistant prosecuting attorney at the time was read to the same effect.  G. M. Allen appeared for the prisoners and showed that they would both leave the state if pardoned.  The pardon was denied.

     F. W. Sanger was convicted of helping to rob a man while all three were drunk.  His attorney made a rambling and almost interminable plea, but the board quickly voted him down.

     Fred S. Rice tried to shoot Augustine Dumal a year ago.  The board quickly voted to let him serve out the second and last year of his term.  Harry Marsh has been in the penitentiary since 1890, and the board voted to let him stay there until 1901.  He assaulted and robbed an old lady.

     Frank Reed and James Maloney held up and robbed an old German in his saloon in 1891 and they were sentenced for eight years.  The case was passed till September on request of their attorney.  Dick Matthews, who stole a horse last winter will serve out his three years.  R. J. Thompson forged the name of his wife to a check for $15, got the money and within half an hour was found in a gambling house.  Colonel Dennison said J. S. Appel had a similar check on which he had never prosecuted, and that a half dozen others were scattered about town.  The case went over on request.  Thompson deposed that his wife wanted to get him into trouble as she got a divorce within twenty days after his conviction.  She is now Mrs. Witter.

     Judge Butler sent a letter stating his conviction that A. H. DeMercey never committed the assault for which he was sentenced and that he should be immediately pardoned.  Unfortunately he gave no reason and the case went over.  Colonel Dennison announced the peculiar fact that no record whatever could be found in the office of the district court of the trial or conviction of Fred Northrop.  The case went over.

     The case of George F. Williams was presented by Attorney Walkie.  Conflicting statements made at two different times by Judge Rucker, whose memory of the case was indistinct, confused the board for a time.  Colonel Dennison strongly recommended the pardon and a letter was read from Mr. Strong of Victor, his old employer, offering Williams a position as a bookkeeper.  Williams was given ten years for attempting to steal clothing forty months ago. He always claimed his innocence, but was never able to prove it.  The board was ready to vote on the case and, to all appearances, favorably, when the governor ordered the vote postponed till the meeting next Tuesday night.

PARDONS

ONE PARDON GRANTED

Tame Session of the State Board Which Resulted in One Favorable Recommendation.

Rocky Mountain News, 8/28/1895

     The Board of Pardons held a short meeting last evening, at which the accumulated cases were all cleared up.

     Robert Williams killed Tom Phillips in LaPlata County in 1891.  Phillips had talked against him to a girl whom they both wanted.  Letters from the district attorney and others opposed pardoning, which was quickly voted down.

     J. A. Hamell was convicted of larceny in Saguache County last year and sentenced for three years.  It was shown at the trial that he was one of an organized band of cattle thieves.  Pardon was quickly refused.

     A. T. DeMercey was sentenced last January for two years for assault with intent to rob by Judge Butler.  A letter from the judge stated that persons who were not called as witnesses saw the attempted robbery and swear that De Mercey was not there.  Therefore he recommended his pardon, which was granted.

     Pardons were refused to John McNally, J. M. Harris, Lem Swank, Eugene Maya, A. M. Romero, Lucinda Guyer, Charles Wilson, Adam Fischer, Juan J. Ortega and William Hague.

     Cases of Jeremiah Coffey and George F. Williams went over till the September meeting.

     M. E. O'Brien created a little diversion by appearing to beg for the pardon of his wife Mary, who twenty-seven days ago hit him with a tin bucket.  He expressed his regret that he ever swore out the warrant, especially after the court gave her ninety days instead of thirty, as he expected.  He apologized for her by saying she only did it because she was jealous.  He didn't look like a person any woman could be jealous of, and the board smiled all around and voted "No."  The next meeting will be held on the evening of September 10.

REED, Frank

(see *article under Pardons)

RICE, Fred S.

(see *article under *Pardons)

RICHARDSON, R. B.

(see *article under *Pardons)

SANGER, F. W.

(see *article under Pardons)

SMITH, Frederick

FREDERICK SMITH'S ABSENCE.

Had Less Than $5,000 on Leaving Denver.

Rocky Mntn News,7/25/1895

     No word was received yesterday from Frederick L. Smith, the runaway manager of the J. W. Knox Jewelry Company.  William E. Knox, brother-in-law of Smith, said yesterday that he did not expect to hear from the missing man.  According to Mr. Knox, the appropriation of the firm's funds on the part of Smith lasted over a long period of time.  It is believed that Smith, at the time of his departure, did not have in his possession an amount of money greater than $5,000.  The invoice of the stock of the firm has not yet been completed and it is not known as yet just what property is missing. 

SNOWDEN, H.

(see article*Jacobs, Sam)

SNYDER, H. R.

SNYDER ACQUITTED

Special to The News

Rocky Mountain News 2/3/1895

     Pueblo, Colo., Feb. 2--H. R. Snyder, who was arrested at Colorado Springs with Frank White with a quantity of wire and brass stolen here in their possession was acquitted in the district court today, it being shown that White exercised almost complete control over Snyder's actions.  White was given three years and a half on his plea of guilty.

TAYLOR, Abe

STATE HAPPENINGS

Denver Post 3/6/1895

Alamosa--Abe Taylor is on trial for the killing of City Marshal Emerson, last January.

TAYLOR, Abe

AN APPEAL TO BE TAKEN

Rocky Mountain News, 6/13/1895

Special to The News

ALAMOSA, Colo.,June12--       Papers are ready to file with the Supreme Court appealing the case on error of the State vs Abe Taylor.  This will force a stay of execution of the death penalty on Taylor until the Supreme Court can hear the case.  Taylor will not hang next week, so the knowing ones say. 

THOMPSON, R. J.

(*see article under Pardons)

TODD, Thomas H.

STATE HAPPENINGS

Denver Post, 3/6/1895

Canon City--Thomas H. Todd, who was doing eight years in the penitentiary for assault to murder, escaped yesterday and is still at large.  A reward of $200 is offered for his capture.

TYSON, Henry

SENTENCED TO DEATH

Henry Tyson Must Pay the Penalty of His Crime on the Gallows.

Judge Bulter Held That After He was Pronounced Sane There Was Nothing for Him to Do But Order the Original Sentence Carrie Out--Tyson Heard His Doom Without Showing Any Feeling--An Appeal Probable.

Denver Post 3/19/1895

     Henry Tyson was sentenced to be hanged during the second week in April in the criminal court this morning.  The prisoner listened to his death warrant with the same stolid expression and lack of interest that has marked his demeanor during the argument of his case.  Until the reading of the decision he apparently was the most disinterested spectator in the court room.  As the sentence was read he watched the court intently, but farther than that did not display emotion.  After the ordeal was over he quietly reached for his hat and got up from his chair and walked back to the jail with the sheriff without saying a word to anyone or showing a tremor in his face or walk.

     The sentence was the result of a motion that Tyson be discharged from custody for the reason that since he has been adjudged sane the laws under which he was sentenced to be hanged in the year 1889 have been so changed that the sentence of that court could not now be legally carried out, and he could not be again tried for the same offense for which he was once convicted.  Judge Butler decided that the motion was not sufficient grounds why the former sentence should not be carried out, now that Tyson had been found sane, and so ordered that he be hanged.  His attorneys say that they will take the case to the Supreme Court of the United States.

     The death sentence read as follows:

     "Wherefore, it is ordered by the court that the sheriff of Arapahoe County take the body of Henry Tyson and him keep safely, convey and deliver to the warden of the penitentiary of the State of Colorado, within twenty-four hours hereof, to be kept by said warden until the second week of April, A. D. 1895, and that the said warden shall upon a day and hour in the second week of April to be designated by him, execute the sentence of this court of July 26, 1889."

     The former sentence was that Tyson be hanged until he was dead.  Shortly after sentence was pronounced Tyson was found to be insane by a jury in the criminal court at that time.  He was then taken back to Canon City and the story of his solitary confinement and terrible suffering was told on the witness stand a few days ago and fully published in "The Evening Post."  He was advised by his attorneys that there was a chance of getting him free but that he would run the risk of being hanged if their plans should fail.. Upon this advice he decided to stand trial as to his sanity and after being proved sane run the risk of getting free by habeas corpus.

     His attorneys relied upon a decision in the United States Court in which a man was sentenced to death and the execution for some reason delayed until the legislature had made several material changes in the laws relative to the trial of murder. They then held that he could not be executed for the reason that with different laws the result of his trail might have been different.  Judge Butler held that the laws of our state had not been changed so materially as to effect the sentence of the same court in the year 1889.

WILLIAMS, George F.

(*see article under Pardons)

YEOMAN, Ves

THE JURY DISAGREED

Special to The News

Rocky Mountain News, 6/3/1895

     COLORADO SPRINGS, Colo., June 2.-- The jury in the case of the People vs Ves Yeoman, accused of being an accessory in the murder of Richard Newell, Jr., disagreed.  They were out about eighteen hours and were about equally divided.  Judge Lunt called them in at 1 o'clock and discharged them. The case cannot be retried before September.