The Portland daily press., 1891-12-29
GRAVES TRAPPED.
On Cross Examination, Forced to Ad.
init That He Lied.
-
SOMETHING QUEER ABOUT THAT
SAN FRANCISCO LETTER,

The Man Whom the Defence Expected to
Say He Drank Mrs. Barnaby's Whis-
key, Swears He Didn't Touch It-Some
Remarkable Instances of the Doctors
Forgetfulness--Yest Doings in
the Barnaby Murder Trial.
DENVER. Col, December 28.-In the
Barnaby trial today, DR.. Graves was re-
called to the stand and his cross-examina-
tion resumed. The Doctor thought he was
10 Denver after his brothers. death for two
or three days. He did not meet Judge
Furman at that time. Mrs. Barnaby was
kindly woman, but was not easily influ-
enced.
"Was she attached to those who did her
favors?" asked Mr.. Stevens.
81 don't know"
"When you wrote that guardian letter,
did you tell your wife about it?"
II don't think so."
"Did you tell Mrs. Graves that people
came from the Adirondacks and told you
about Mrs. Barnaby?"
mo"
''If you did make such statement it
was untrue?"
IL never did IT,"
A letter was handed the doctor and he
Identified it as having been been written
by his wife at his dictation.
'This. letter refers to this matter?"
Yes; there are two letters one dictated
by me; the other note by my wife. One
refers to this matter"
'The other one does also?"
Yes; ! must have talked it over with
IF Il .y, yOn had; it was equally untrues"
"But nobody from the Adirondacks told
you about this matter?"
"Then It was true what you told your
wife was falsee"
DR.. Graves denied having told Mrs.
Hickey that II Mrs. Barnaby took her
have her sent to an asylum. The
letter which the d ctor sent Mrs. Barnaby
at San Francisco and which was returned
at him through the Dead Letter office. was
the subject of inquiry by the prosecution.
The envelope of this letter was stamped
with three-cent stamp. The contents. as
exhibited In court, did not weigh enough
to require more than an ordinary
two-cent stamp The prosecution insinua-
ted that the doctor had replaced the origi-
nal letter contained in the envelope with
letter which would aid him in his defense.
The doctor gave his word of honor that
such was not the case. When asked wheth-
er, on his return 10 Providence from Den
yer with Mrs. Barnaby's remains, he had
drawn check on her funds for $4,000, the
Doctor could not remember. Several other
things DR.. Graves could not recall at all,
or did not know anything about, although
they concerned his dealings in the matter
as agent for Mrs. Parnahv.
The defense introduced Daniel Smith as
a witness. Smith was the hostler
who cared for Mr.: Worrell's
the bottle of whiskey for Mrs. Barnaby.
Smith had previously appeared as wit
ness for the prosecution. He then swore
he had not tampered with the package
containing the bottle while it was in the
livery stable. Today, contrary to the ex.
pectati0ns of the defense, he reiterated the
statement that he had not opened the
package. The defense then introduced
three witnesses to impeach Smiths testi-
mony, but did not succeed to any great ex-
tent. +. X. Bertram was the first Of these
Witnesses, He swore that Smith told him
he had taken drink from the bottle of
whiskey while he was in the stable, and
that it was good whiskey. Bertram, on
cross-examinatiOn. admitted he had been
under arrest three times ON different
charges. The other two witnesses testified
that Smith told them the bottle could have
been tampered with while in the stable.
Mrs. John Conrad was called in reDuttal
and swOre that DR.. Graves told her he
thought Edward Bennett, the guide, sent
the bottle of whiskey.
A few unimportant witnesses were ex-
amined and the court adjourned.