The Providence news. (Providence [R.I.]) 1891-1906, 1891-12-26
THAT dead LETTER"
The Government Withdraws 0biec.
tions to Its Admission.
NEVER MEANT TO REACH HER,
So the Prosecution Claims-Dr. Graves on
the Stand for Cross-examination.

DENVER. Col. Dec. 26.-Dr. and Mrs
Graves spent the Christmas holiday at the
Vallejo. Both were the recipients of pres
ents from friends in the East and local
sympathizers, and several letters conveyed
messages of confidence in the Doctors ac-
quittal. Judge and Mrs. Macon, Col. and
Mrs. Ballou, Judge Furman and other
friends joined them in the evening. The
jury enjoyed an elaborate Christmas din
ner at Hotel Broadway. Their favorite
pastime is cards, and the game which they
derive the most enjoyment is termed, in
the Western vernacular, "high five"
The government express considerable
surprise at DIR. Graves full and emphatic
denial of the material testimony sub
mitted by the prosecution, anticipating
that he would have admitted Detective
Hanscom's testimony, which in some de-
gree might be turned to the benefit of the
doctor in his claim that promises and
threats were employed to secure his al
legged confession. The cross-examination
Will probably occupy all Saturday, and
then the defence will close their case with
and the doctors mother. The rebuttal
is not expected TO occupy more
than two hours, and then the even
ing session will be held, so that the
arguments may be commenced on Mon
day morning BY the agreement of the
attorneys each side will occupy ten hours
with each Of the three lawyers entered in
the argumentative competition. This
gives twenty hours for the arguments,
which signifies unless evening sessions are
help that the case will be give TO the jury
Wednesday night or Thursday morning.
Attorney Pence will open for the Govern
ment followed by Col. Ballou for the de-
fence. Judge Macon will follow Mr..
Ballou, and Judge Belford will supple
ment his speech for the Government
Judge Furman will close for the defence
and the District Attorney. as chief prose-
cutting attorney, will make the final appeal
for the Government.
To-Day's Proceedings.
DENVER, Dec. 23.-On the opening of
court this morning the government with
drew its objections to the admission of
the so-called dead letter" claimed to
have been written by DIR. Graves to Mrs.
Barnaby, on March "a, and mailed on the
30th to her California address. The force
of this letter from the standpoint of the
defence lies in the claim that DR.. Graves
would not write to Mrs. Barnaby in Cali
fornia if he knew she was coming TO Den
yer. If he did not know she would be in
Denver, he could not have sent the poison
The state claims IL was never intended
thelletters should reach Mrs. Barnaby, but
that il was written as a partial cover to
the crime.
DIR. Graves was called for cross-examina-
tion and denied that he had told Mrs
Hickey he had Sally Hanley for spy on
Mrs. Barnaby. He admitted that when
he went TO Harvard he took the course
chemistry: he could not tell when he
came to Providence or when he got ac-
quainted with Mrs Barnaby.
Mrs. Hickey had done work him,
Graves further said he made g., 400 a
year by the practice of medicine. He
couldn't tell when he left Providence TO
90 TO Newton; where he received word of
Mrs. Barnaby's illness. He admitted that
when he went 20 Denver it was TO take
care of $4,000 worth of diamonds. He
thought her family would not care
for her body Witness had no recollection
whatever on what train he came from
Chicago to Denver, and while he came here
few weeks before 20 bring his brothers
BODY home he couldn't say what roads he
travelled over from Providence
Graves admitted that he had never
made any inquiries as regards the cause of
the authorities, but that he went TO
lunch dine, drink and drive with friends,
and would have gone TO "A ball game only
IL was pcstpaned.
He denied that Mrs. Barnaby was his
benefactress saying she only was n
friend, but was nonplussed by quotation
from his direct testimony I'm which he had
said she was not only his "benefactress
but very near friend"
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