Henry and his wife Maggie Herrick were settlers in the Kannah Creek, Colorado area. In 1883, she left him during a domestic squabble, and went to her parents’ house in Albuquerque. She later returned, only to find Henry in a carriage with a woman named Margaret Thompson, whom Henry had employed as a housekeeper. Maggie shot and killed Margaret. Maggie had been represented by Robert Cobb, who later represented her husband, and who also worked as the probate judge in charge of administering the estate. Cobb secured Maggie's release, and accompanied by Sheriff Martin Florida, she went to retrieve livestock that belonged to her. She rode on ahead of the sheriff, and was shot and killed by Henry. Herrick was captured, but then escaped from jail and was never found.