The Carbon advocate. [volume] (Lehighton, Pa.) 1872-1924, 1892-01-16
GRAVES TO FACE DEATH
SENTENCED TO DIE, BUT STILL PRO-
TESTS HIS INNOCENCE.


A Motion for an Arrest Of Judgment
Overruied, and the Condemned Taken
to Prison Handcured and Chained-He
Was Not Allowed to See His wife.
DENVER, Jan. 12-Judge Rising sentenced
DR.. Graves TO be hanged during the week Of
Jan. 81, or the first week in February. Only
the governor or the supreme court can now
fave him. Judge Rising denied DR.. Graves
motion for an arrest Of judgment imme-
aiately 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
ining them. The courtroom was silent
when Judge Rising asked DR., Graves II he
had anything 10 say. The prisoner, with
his gray hair struggling over his forehead,
made short speech in which he declared he
was innocent and denied that he had made
any confession.
After the passing Of the sentence Mr..
Furman asked for a stay Of ninety days to
prepare his appeal to the supreme court
Judge Rising gave liS 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 examined the authorities pre-
sented by the defense. l hardly think they
support the position assumed and the mo
ton will be denied. Thatcher Graves, stand
up The doctor arose.
Sentenced to the Gallows.
"Have you anything to say why sentence
should not be passed upon youl'
"Your honor" the doctor replied, 81
never In any way or In any manner or
thought had anything to do with the death
Of Mrs. Barnaby. never confessed to any
one that l sent bottle Of whisky to Mrs.
Barnaby, because / 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 a new trial that the jury was in
fluenced 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 have committed any error
the remedy is near at hand, and your appeal
to the supreme court will correct any error
/ may have made. You, Thatcher Graves,
shall be rendered TO the custody of the
| bhbAAht anu lMtubN-lOuH hOuIb hAbbE JOu
shall be taken to the penitentiary at Canon
City and kept in solitary confinement until
the week of Jan. 81, when you shall be
hanged by the neck until you are dead"
The doctor was pale as death. A low muir
muir arose and then Judge Furman asked
for ninety days in which to file his bill Of
exceptions to the supreme court. Mr.. Stew.
ems said he did not think the court had any
power to grant 80 much time. Judge Rising
said: "You viii have to present this with
in twenty days" "But the governor may
grant a reprieve," added Judge Furman,
Handcuhed and in Chains.
DR.. Graves was taken to the penitentiary
at Canon City. Besides the officers he was
accompanied by large number of othel
prisoners, mostly petty offenders. Stee
cuffs were on his hands and chains bound
his feet. This was the first time he has beer
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 MOI
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 wei
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 tn,
verdict was returned and who alleged tina
the accused made confession. The officer
stated under oath that they did not ply tn,
prisoner with questions, but the doctor grew
loquacious of his own accord. The cour
exonerated the deputies Of all unbecominl
conduct.
Governor Routt has stated that the docto
shall have time enough 10 be heard in tn
supreme court II his excellency is to grant
reprieve.
1t is reported that petition for the com
mutation of DR.. Graves sentence will a
once be circulated in this city. A desire Il
prevent capital punishment rather than tn
feeling that DR.. Graves is innocent seems d
be at the bottom Of the movement.