Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1892-01-12
A SCAFFOLD AWAITS HIM
DR.. Graves Sentenced to Death
on the Gallows.
BE STILL PROTESTS HIS INNOCENCE

A Motion for an Arrest of Judgment
Overruled, and the Condemned Taken
10 Prison Handcuffed and Chained--He
Was Not Allowed 20 Soc His wife.
DENVER, Jan. 12--,Iudge Rising sentenced
Or 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
save him, Judge Rising denied Dr. Graves
motion for an arrest Of Judgment inme-
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 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 10 the supreme court.
Judge Rising gave him fifteen days and
took occasion TO remark that the evidenoe
Justified the verdict Judge Rising said:
'm the matter Of the motion for arrest Of
Judgment examined the authorities pre-
sented by the defense hardly think they
support the position assumed and the mo-
tion 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 youln
"Your HONOR the doctor replied, ]
never in any way or IN any manner OF
thought had anything TO do with the death
Of Mrs. Barnnby. l never confessed 10 any
one that / sent a bottle Of whisky TO Mrs
Barnaby, because / never sent Il. Proceed,
Your HONOR
"You have been found guilty, y 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
/ fuenced by any other motive than justice.
The evidence clearly warranted the verdict
Of the jury. II is a satisfaction 20 me TO
know that IL / have committed any error
the remedy is near at hand, and your appeal
70 the supreme court will correct any error
may have made. You, Thatcher Graves,
shall be rendered 10 the custody Of the
sheriff, and twenty-four hours after you
shah 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 mur-
muir arose and then Judge Furman asked
for ninety days in which to file his bin Of
exceptions to the supreme court, Mr.. Stew
ems said be did not think the court had any
power 10 grant 80 much time. Judge Rising
said: "You viii have 20 present this with
IN twenty days. "But the governor may
grant a reprieve," added Judge Furman.
Hnndcuffed and ia Chains.
Dr. Graves was taken to the penitentiary
at Canon City. Besides the officers he was
accompanied by a 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 10 such indignity He took the
situation coolly and was courteous and pleas.
ant 10 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
win not be conveyed TO her until she is well
enough to 20 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 oficer
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 unbecominQ
} conduct.
, Governor Routt has stated that the doctor
, shall have time enough TO be heard in thl
supreme court il his excellency is to grant
reprieve.
1t is reported that petition for the com
mutation Of Dr. Graves sentence win al
+ once be circulated in this city. A desire &
J prevent capital punishment rather than th'
E feeling that DR.. Graves is innocent seems t.
3 be at the bottom Of the movement.