Connecticut western news., 1892-01-14
GRAVES TO FACE DEATH
SENTENCED TO DIE, BUT STILL PRO- ! TESTS HIS INNOCENCE.

Motion for an Arrest of Judgment
 OverruIed, ard the Condemned Taken
 to Prison Hand cuffed and Cbained-He
 Was Not Allowed to See His Wife. DENVER, Jan. 12-Judge Rising sentenced Dr. Graves to be hanged during the week of Jan. 3l, or the first week in February. Only the governoror the supreme court can now save him. Judge Rising denied Dr. Graves motion fer an arrest of judgment imne- diately after court convened.
 There was no argument, for the lawyers had presented their authorities for and against the motion on Saturday night, and the judge spent all day Sunday in exam ming them. The courtroom was silent when Judge Rising asked Dr. Graves if he had anything to say. The prisoner, with his gray hair struggling over his forehead, made a short speech in which he declared he | was innocent and denied that he had made any confession.
 After the passing of the sentence Mir | Furman asked for stay of ninety days to prepare his appeal to the supreme court Judge Rising gave him fifteen days and took occasion to remark that the evidence justified the verdict. Judge Rising said: 'In the matter of the motion for arrest of judgment I examined the authorities pre- scented by the defense. I hardly think they support the position assumed and the mo- tion will be denied. Thatcher Graves, stand up." The doctor arose.
 Sentenced to the GaIIows.
 ''Have you anything to say why sentence should not be passed upon youl"
 "Your Honor," the doctor replied, II never in any way or in any manner or thought had anything to do with the death of Mrs. Barnaby. I never confessed to any one that I sent bottle of whisky to Mrs. Barnaby, because I never sent it. Proceed, Your Honor"
 ''You have been found guilty" said Judge Rising, "of the murder of Mrs. Barnaby. Your counsel have not intimated in their motion for new trial that the jury was in- fiuenced by any other motive than justice. The evidence clearly warranted the verdict of the jury. It is a satisfaction to me to know that if l have committed any error the remedy is near at hand, and your appeal to the supreme court will correct any error I may have made. You, Thatcher Graves, shall be rendered to the custody of the sheriff, and twenty-four hours after you shall be taken to the penitentiary at Canon City and kept in> solitary confinement until the week of Jan. 31, when you shall be hanged by the neck until you are dead"
 The doctor was pale as death. 4 low mur- mur arose and then Judge Furman asked for ninety days in which to file his bill of exceptions to the supreme court Mir Stev- ems said he did not think the court had any power to grant so much time. Judge Rising | said: "You will have to present this with
 
 grant a reprieve," added Judge Furman. Handcuffed and in Chains.
 Dr. Graves was taken to the penitentiary at Canon City. Besides the officers he was accompanied by large number of other prisoners, mostly petty offenders. Steel cuffs were on his hands and chains bound his feet. This was the first time he has been exposed to such indignity. He took the situation coolly and was courteous and pleas ant to the officers in charge. The doomed | man talked freely on all subjects but the one of his supposed guilt. Dr. Graves was not permitted to see his wife before departing. She is improving gradually and is ignorant that her husband took one more step in the direction of the gallows. This information will not be conveyed to her until she is well enough to go to him.
 Judge Rising held an investigation today into the conduct of the officers who con- veyed the doctor to the jail the night the verdict was returned and who alleged that the accused made confession. The officers stated under oath that they did not ply the prisoner with questions, but the doctor grew loquacious of his own accord The court exonerated the deputies of all unbecoming conduct.
 Governor Routt has stated that the doctor shall nave time enough to be heard in the supreme court if his excellency is to grant a reprieve. It Is reported that petition for the com mutation of Dr. Graves sentence will at once be circulated in this city. A desire to prevent capital punishment rather than the | feeling that Dr. Graves is innocent seems to be at the bottom of the movement.