Morning journal and courier., 1891-12-10
THE GRAVES TRIAL.


 Opening Argument of the Defense The Business and Social Relations
 Between pr. Graves and Mrs.
 Barnaby.
 DENVER, Col, Dec. 9.-It was few minutes past 10 when the jury filed in Judge Rising's court this morning. Im- mediately after the judge was seated Judge Furman rose and began his speech. He said: f'When I reflect on the seriousness of this charge am almost overwhelmed with a sense of the responsibility which in part deyolyes upon me. shall rely on your intelligence, on your sense of right and justice to supply any omission may make. We do not come before you with any unreasonable theories, but we come be- fore you with the truth. We cannot boast we have a millionaire on our side, but we have the truth on our side. You are doubtless anxious to hear our answer to the charge brought against us. When you have heard our statement and the testimony you will see that there are two sides. If there was a bottle of poisoned whisky sent, I say that the man who sent it was a coward. He was hell-hound and he should be burned at the stake. This is merely a statement and not an argument. The prosecution makes the first statement be- cause the burden of truth is upon it. It does not have the opening statement be- cause the state favors il, mot at all; but be- cause the accused comes here under the supposition that he is innocent until he is proved guilty. It does not devolve upon him to prove Mrs. Bsrnaby's death, that I,,,, sar xI okaxo A. state made the opening address. We are confident of being able to conclusively prove that all the allegations are false"
 Judge Furnam gave an account of the business and social relations that existed between Dr. Graves and Mrs. Barnaby, putting upon them an entirely different light from that cast by the district at torney. He denied any ill motives upon the part of the doctor, and denied that he ever had any but the best wishes for the old lady, as the management of her affairs by the doctor will for themselves show. He said: "We deny every circumstance that Dr. Graves is guilty of crime. Judge Furman told of an interview which Dr. Graves had with John Conrad. Conrad said: Doctor, you did not administer the prop erty properly" The doctor offered to let ..him see his books. Conrad said:
 "If had met you in Denver this would all have been settled" That night John Conrad looked at the doctors books and the next day he asked the doctor to go to Boston and see the securities. He saw them and said: Doctor, you admins. tered wisely, and will cheerfully sign statement exonersting you" The doctor said he thought it would be only right. Cant you help me, doctor," said NonroH CT fn ha and United States senator" They met at Mrs. Conrad's house that night and Conrad said he could not fix up the statement then. He added he had contributed $25,- 900 in the last election in Montana and he expected soon to be governor. He thought he could go back and say it was mistake to suspect the doctor. "Don't you think some one sent bottle of pure whiskeyl" he said. 'I believe the Worrells put in poison, and if I can prove some one sent the whiskey I will fix the crime on the Worrells. Old Worrell is bankrupt"
 The doctor said nothing because he called again to get Conrad's statement. Conrad pretended to be drunk and wanted the doctor to go to New York and paint the town red. The doctor refused and the next morning a partial state ment exposing Dr. Graves was pub hshed. The next Wednesday morn ing Conrad sent for Dr. Graves to talk about the will. In the first will Mr. Conrad's children were each left S25, ,O00. In the second will they were only left S10,- 900. Conrad said: "Doctor, want you to sign this paper in which you admit you sent Mrs. Barnsby bottle of pure whisky. By God, if you do not I will take you to Denver in handcuffs. I will fix a jury to convict you. I sm a western man."
 Dr. Graves demanded to be let out of the house and next day he telegraphed District Attorney Stevens that he was com ing to Denver not with Conrad but with his wife. "Your are not here to convict Graves" said Judge Furman, in conclu- sion, "because someone else should have been convicted. It is with confidence we submit our case to you" The doctor looked happy and shook hands with his champion and his friends, congratulated him and the lawyer. George N. Donnett and J. J. Devenith, the stamp clerks at the Boston and Providence post offices, were sworn, but no important testi- mony was brought forth Adjourned