Morning journal and courier. [volume] (New Haven [Conn.]) 1848-1894, 1891-12-30
Closing Arguments in the
Graves Trial.
BAD WRECK oNA WESTERN RAILROAD
Decision in the New York
Election Disputes.
STEAMER OCEAN QUEEN IN DISTRESS
Massing Troops for Action
i'm Mexico.
IN THE HANDS OF THE JURY.

IN THE HANDS OF THE JURY.
Final Arguments Made in the Graves
Trial-The Judges Charge to the
Jury-Three Counts In the Indict-
ment. Ii
DENVER, Dec. 29.-In the Graves trial
to-day Judge Rising charged the jury as
follows: Gentlemen of the jury-The in
dictment upon which the defendant is be-
ing tried contains three counts. In the
first count the defendant is charged with
having on the 10Th day of April, 1891, fell
oniously, willfully and with malice afore-
thought killed and murdered one Josephine
A. Barnaby in the county of Arapahoe, in
the state of Colorado, by having on the
18th day of April, 1891, feloniously, will
fully, deliberately, etc., administered to
and caused to be taken and swallowed by
the said Josephine A. Barnaby deadly
poison called arsenic, from the taking of
which poison the said Josephine A. Bar
naby became sick and from which sickness
she died on the 10th day of April, 1891.
The third count of the Indictment diff
fers from the second count in substance
only in that it charges the defendant with
having caused said deadly poison to be adj
said Josephine A. Barnaby, instead of
charging the defendant with having ad-
ministered said deadly poison to said Jose
phine A. Barnaby and caused the same to
be taken and swallowed by her. The court
instructs you that the law presumes the
defendant innocent. This presumption
continues until overthrown by evidence
sufficient to exclude all reasonable doubt
of his guilt
The court instructs you that in arriving
at your verdict in this case you must
wholly disregard anything which you may
have heard before you we're accepted as
of fear or favor or any expressions either
in favor or against the defendant to infiu-
ence you in degree, and your verdict must
be based solely on the evidence in the case.
DENVER, Dec. 29.-In the Graves trial
to-day Mr.. LATE Pence began his closing
argument for the prosecution. We are
reaching now, said he, the final step in this
tragedy. 1t is not pleasant duty which
you are called upon to perform; neither is
our duty a pleasant one. You have no
right to take mans life unless the law
allows you, and have no right to ask you
to take this mans life unless the law justi-
fies me. There is no private prosecution
here. You are determining the important
question of life and death. The law asks
you to take what the law cannot give
again. The law requires you to be sat
isfied without reasonable doubt before
you find him guilty. If DIR. Graves
did not prepare the fatal draught
that sent his benefactor to death and
you do not believe he did from the evil
dence then let him go. It is not because
counsel can create fact or because the at
torneys have any right to insist upon any
unfair conclusion. 1t is because a solemn
duty rests on US as we'll as you; it is be-
cause the law requires us to seek the truth
and it is because of this that counsel may
be able to refresh your recollection SO as
to guide you towards the truth. There
were opening statements made. Mr.. Stew
ems told what the people expected to prove
would drop of its own weight. challenge
him to prove this now. Is there any doubt
that Josephine Barnaby in the midst of
her friends, in spite of physicians, in
spite of everything that human
hand could do died the victim of the
poison? think now that have no fear
of saying, as all the testimony showed that
Mrs. Barnaby did so die. Was it at the
hand of DR.. Graves, who had no allies to
assist him, but unaided or aided, was he
the man? That is the theory you are to
solve. There is no excuse for any juror
in the world to hesitate a moment in bring
ing in the verdict that he poisoned this
woman. His relations with her began a
year before her husbands death. She was
his patient 1t must be evident to you, as
it is to me and to her children, that the
husband who had spent a long life with
Mrs. Barnaby better understood her needs
the proper limitations to be placed on
her after his death-than did the tramp
interloper who came in after his death.
Mr.. Pence spoke for five hours. This
evening Colonel Ballou opened the argu-
late hour, when court adjourned until to-