The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1891-12-30
THE GRAVES TRIAL.
The Denver Sensa ion Drawing to a
Clos.

DENVER. Dec. 29-In the Graves trial
today, Immediately after Judge Rising's
charge TO the jury, Mr. Lafe Pence began
his closing argument for the prosecution.
He said:
GENTLEMEN OF THE JURY-We are
reaching now the final step in this tragedy.
1t Is not a pleasant duty, that which you
are called to perform; neither is our duty
pleasant one. You have no right TO take
this mans life unless the law allows you,
and / have no right to ask you to taxi this
mans life unless the law justifies me. 1t
is not pleasant task for me to review this
tragedy. especially in Christmas time,
when the message is waited TO every one
Peace on earth; good will to men, There
is no private prosecution here. You are
determining an important question of life
and death. The law asks you TO take what
the law cannot give again. The law re-
quires you to be satisfied without reason
able doubt be.ore you find HIM guilty. If
DR. Graves did not prepare the fatal
draught that sent his benefactress TO
death, and you do not believe that he did
from the evidence, then let him go. 1t is
not because counsel can create facts or be-
cause attorneys have any right to insist
upon any unfair conclusion. 1t is because
solemn duty rests on Us as we'll as you;
it is because the law requires us TO seek
the truth, and it is because of this that
lection so as to guide you towards the
truth. With that notion of the duty or
counsel, l come before you.
There were opening statements made.
Mr.. Stevens told what the people expected
TO prove, and Judge Furman said that the
prosecution would drop of its own weight.
/ challenge him to prove this now. Is
there any doubt that Josephine Barnaby,
in the hands of her friends, in spite of
physicians, i'll spite of everything that hu-
man hands could do, died the victim of
poison. l think now that have no fear
in saying that all the testimony showed
that Mrs. Barnaby did so die Was 1T at
the hand of DR. Graves, who had allies to
assist him? but, unaided or aided, was he
the man2 That is the theory you are TO
solve. There is no excuse for any juror IN
the world to hesitate moment in bring
ing in verdict that he poisoned this wo-
man. His relations with her began year
before her husbands heath. She was his
patient. 1t is evident to you, as it is to
me and her children, that the husband
who has spent long life with wife bet
ter understands her needs and the proper
limitations to be placed on her after his
death than the tramp interlOper who
comes in after his death. Everybody knows
now that Mr.. Barnaby better knew what
was good for'her when he made his will than
did these interlopers. What little dream
had he when he dictated the will that in
the city of Providence there was an adven
turer of lawyer and a tramp of doctor
who would rob the woman while he was
in his grave"
Mr.. Pence spoke for five hours. At the
conclusion of his argument, the court tooA
a recess until this evening.
At the evening session Colonel Ballou
opened the argument for the defense, and
spoke until late hour, when the court
adjourned until tomorrow.
Rheumatism attacks the back and