The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1891-12-30
JURORS HEAR THE Law.
Closing Scenes in The Long Trial si
7. Thatcher Graves.
THE CHARGE OF THE JUDGE AND
THE CLOSING ARGUMENTS.

State Must show Not Only. that MIS-. Earm
ably Was Poisoned, but that Graves
Meant to Kin Her-Not Necessary TO
Show the Exact Kind of Poison Used
States Attorney Declares the Case a
Clear One of Guilt.
DENVER, Col, December 29.--Judge
Rising delivered his charge to the jury In
the Graves trial today. In it he said:
"The court instructs as matter of law
that the burden of proof is on the prosecu-
tion, to establish by the evidence beyond
reasonable doubt-frst, that the deceased
came to her death by poison; second, that
it was administered to her by the defend
ant, or that he caused it to be administered
to her in her lifetime; third, that the de-
fendant administered. or caused to be ad-
ministered the poison to the deceased, will
fully and knowingly, and with the inten-
tion of depriving her of life; and fourth
that the deceased actually died from the
effects Of the poison so administered to
her.
"These are material and essential propo-
sitioDs necessary to be established to war
rant conviction, and IL you entertain any
reasonable doubt upon either of them,
then the prosecution has failed to establish
its case. and you should acquit the defend
ant
"The court further instructs you that In
considering the question whether the de-
fendant did or did not administer poison TO
the deceased, as charged in the Indictment
If you believe from the evidence beysnd a
reasonable doubt the defendant sent, or
caused to be- sent to the deceased, poison
with the intention that she should take a
swallow of 1t, then you are authorized to
fad the fact that ne administered such
poison to the deceased.
The court instructs you that In this class
of cases where the indictment charges that
death was cansed by poisoning 1t is not
necessary. to prove the particular sub
stance or kind of poison used, nor Is IL nee
essary to give direct and positive proef
what is the quantity which would destroy
life, nor is it necessary to prove that such
quantity was found Ia the body of the de-
ceased. 1t is sufficient If you are satisfied
by the evidence, beyond a reasonable
doubt, that the death was caused by poison
OF some kind and that the poison was ad-
ministered by the defendant or that he
caused it to. be administered to
the deceased with the intent of
causing her death. The court instructs
ycu that the burden of proving everything
essential TO the establishment of the charge
against the defendant lies upon the prose-
cotion, and even If 1t be conceded that
somebody murdered the deceased, yet the
defendant Is not required to- prove who
committed the murder.
"rhe prosecution is required to prove be-
you'd reasonable douDt that the de-
fendant and not somebody else committed
the murder charged In the ind ctment.
ut Is not sufficient to justify you in a
verdict of guilty that the evidence dis
closes that the deceased was murdered and
that the defendant or somebody else muir
dered her, or that the probabilities are that
the defendant, ana not somebody else,
murdered her. 1t must be shown by the
prosecution beyond reasonable doubt that
the defendant is the guilty party"
At the conclusion Of the judges charge.
Attorney Peirce began the closing argu-
ment for the state. "YOu have no right to
take a mans life unless the laM allows You.
have no right to ask you to take this mans
life unless the law justifies me. The law
requires you to be satisfied without a rea-
sonable doubt before YOU fad him guilty.
1t DIR. Graves did not prepare the fatal
draught which sent his benefactOr to death,
and you do not believe he did from the evil
dence, leG him go. There Is no excuse
for any juror In the world to
verdict that he poisoned this woman.
His relations with her began year before
her husbands death. She was his patient.
1t must be evident to you, as 1t is to me
and her children, that her husband who
had spent long life with Mrs. Barnaby
better understood her needs aud the
proper limitations TO be placed on her
after his death than did tramp interloper
who came in after his DEATH"
This evening Col. BallOu opened the
argument for defense and spoke until
late hour. The court then adjourned until
tomorrow.