The Providence news. (Providence [R.I.]) 1891-1906, 1891-12-30
1T is ALMOST FINISHED.
The Graves Case Will Go to the Jury
Tomorrow.
BALL0U FOR THE DEFENCE.
He Says DIR. Graves Had no Motive for
Numbering Mrs. Barnaby and Refers
to His Own Standing i'm Providence.
ESPECIAL TO THE NEws.l

ISiEtiAb ihE Newell
DENVER, Col, Dec. 29.-Lafe Pence's ar
gument for the prosecution lasted full five
hours. At its conclusion an adjournment
was taken until O'Clock i'm the evening,
when Col Ballou opened for the defence,
the court room being filed, as at the day
sessions. to its utmost capacity, the abuse
which has been heaped on Col Ballou dur
ing the trial calling out every man and
woman who could possibly find standing
room.
Col -Ballou opened by saying:
'To days argument by Mr.. Pence re-
minded me more of the trying of some
petty larceny case than the question of a
life at stake. AS to my personal self, i
would say that the esteem in which / am
held by the people of Providence speaks
for itself, and that you will not permit
your minds TO be prejudiced by what you
have heard said in this court room regard
ing myself.
~ have but a single purpose i'm being
present mt this trial and that is TO undo a
great wrong. l should be the last man TO
stand up here and say that would adj
vance the innocence of T. Thatcher Graves
il l believed in his guilt on the charges
preferred.
There are words coming from the
mouths of witnesses, there are differences
made by them and lessons to be drawn
from the expression of the eye as WELL
You should not be satisfied when a hu-
man life is in the balance with what a
witness says, but you should watch for ex-
preston as we'll
Have there been any evidence of sub
tie influences arising from hate and re-
venge which you have seen in the witness
stand Ii so, / pray you, gentlemen, to
raoiof ;t x.-sth al naioht
'As the judge has justly instructed
you, the accused is entitled to a fair trial
i know that you, gentlemen, would not
have the life OF T. Thatcher Graves upon
your conscience unless your are positive
of his guilt
The speaker referred to the advancement
OF civilization in many States where capt.
tai punishment has been abolished. The
question of circumstantial evidence was
gone into at length. He felt convinced
that no motive had been shown for the
commission of the crime charged to the
accused.
What relation did DIR. Graves bear to
the deceased
Inference in secondary light must
not be considered 1t must be something
stronger than inference or probability in
order to establish the theory of guilt. Was
DIR. Graves not the agent at the request of
deceased 4? She made him her agent to
collect moneys and manage all affairs.
DO not let your minds be influenced by
ground for assuming that DIR. Graves
could have had any motive for numbering
Mrs Barnaby?
81 will not refer to the testimony of
Mrs. Hickey. have no desire to injure
the feelings of any man interested In this
case by bringing up matters connected
with the Barnaby family. On Mrs. Bar
ahvie IN prnxi1anna from the
Adriondacks she went to the residence of
DR. Graves, and this shows that Mrs.
Barnaby was entertaining the most friend
ly feelings towards DIR. Graves.
Mrs. Barnaby made will. won't re-
fer TO the circumstances in regard To the
of Mrs. Worrell, Mrs. Barnaby said that
she had not confidence in DIR. Graves. If
such was the case is it not strange that
she should beaueath 5000, while mem
bers of the Barnaby family who were sub
stantially remembered in the first will are
virtually ignored in the second?
Regarding the letters sent by Mrs Bar
naby TO DR.. Graves through Mrs. Worrell,
there is not one bit of evidence to show
that Mrs. Barnaby ever had any fault to
find with the defendant, excepting to his
manner of sending checks"
Mr. Ballou referred to the defendants $
trip West, stating that had DR. Graves
been guilty ne NOulu nave remained III
Providence, and that a man of his medical
knowledge would not have formulated
such clumsy and detestable poison,
do not convict DIR. Graves for murder
upon his alleged mistakes in the manage
ment of Mrs. Barnaby's affairs.
'One more subject and / am done. Did
Mrs. Barnaby die from arsenical poison
ing? There was difference Of opinion
on this question by the doctors who made
the autopsy. They claimed she died from
congestion of the lungs. Is this not an
important matter to be considered? There
was no inquest held. the coroner declining
for reasons which do not know Upon
this principle Of the law l submit that
this is grave question To he considered.
Mark you that no portion of the heart or
lungs was given an analysis. Gentlemen,
am done with the discussion in the evil
dence of this case. feel that DIR. Graves
is innocent of the crime charged"
Col Ballou created decidedly favora-
BILE impression and IL was past 10 o'clock
when he concluded his argument.
To-day Judge Belford will follow and
the case will be given to the jury Thurs
day morning.