The Providence news. (Providence [R.I.]) 1891-1906, 1892-12-06
ARGU MEN IS BE GU N
Judge Furman Tells Why Or. Graves
Should Have a New Trial.
ISAAC N. STEVENS HAS HIS SAY.
He Tells why DIR. Graves should Not be
Granted New TriaI-Lycurgus sayles
Believes That the Doctors Request
Will be Granted-The Arguments.

DENVER, Col, Dec. 6.-Arguments on
the writ Of error in the Graves case be-
gan in the Supreme Court yesterday
afternoon to a full bench. Judges Ma
con and Furman appeared in support of
the motion and Assistant Attorney Gen.
eral Babb and |. n. Stevens appeared for
the people.
The court room was comfortably filed,
most OF the spectators. however, being
attorneys.
Judge Furman in opening the argu-
ment said. This Is a case that depends
entirely upon circumstantial evidence
Upon the trial OF the case the jury was in
structed as follows: The court instructs
you that the law requiring you TO be sat
isied OF the defendants guilt beyond a
reasonable doubt, in order to warrant n
conviction, does not require that YOU
ball be satisfied beyond a reasonable
doubt Of each link in the chain OF circum-
stances relied upon to establish the de-
fendant's guilt Ii is sufficient TO taking
the testimony altogether, you are satisfied
beyond reasonable doubt that the de-
fendant is guilty.
'''rhe instruction is Contradictory The
Judge conte0ded. by precedents which he
cited, that the INSTRUCTIONS were erro-
neous. Innocence should be presumed un-
I'll the case has been proven in all facts.
III there is reasonable doubt as to the
strength OF any link, there should be an
acquittal. Each should be proven as il
each was the main fact at issue. Each
single or independent fact mus be estab-
lished to certainly, beyond a reasona-
Bile doubt. When there are conflicting
instructions 1T is simply the blind leading
the blind"
The counsel for the State answered that
the language and Instructions had been
sustained by the Supreme Court in four
cases. Judge Furman contradicted all
but one and that-Bressler vs.. the State
OF Illinois was rendered without consid.
GRAFTON and repuiiated.
Judge Furman reviewed the history of
the case and closing said
The only motive the prosecution
allege is gaio. lie could nave easily de-
ceived her without the crime.
The doctor was "a skilled physician.
III he had contemplated the death of his
patient, he would have done IT in a more
skilled manner. 1t WAS the work OF n
bungler-a butcher. There was arsenic
of potassium in the bottle IL did not
taste like whisky. IL anybody sent that
bottle to kill, he did not care how many
he killed"
9 Ex-District Attorney Isaac Stevens
spoke in behalf of the state. He said
In this case there is no precedent in
legal annals or in the world. 1t was an
u.
then showed that Mr.. Graves was a
scientist, and that arsenical poisoning
was scientific method. in that it's re-
suits were more han likely 20 be- at
tributed TO natural causes. DIR. Graves
had assidnously cultivated Mrs. Bar
naby's acquaintance for twenty-eigh
years. She had suffered with paralysis
of the right side, and took her as a patient.
The attorney recited how Ballou and
Graves hoodooed the deceased out of
money; how both had worked into each
others hands. The evidence aud theory
of the prosecution was that Graves made |
her properly absolutely his own: that
his design was to keep her away from
Providence and from her friends
I'VE hold" said he, "that from the |
beginning ef the transactions to the |
death of the woman everything which |
could throw light upon the case was |
material"
Ia referring TO the instructions to the |
jury he said: Nobody but "A natural born |
idiot cr fool could 20 astray with such |
instructions at this point"
Mr.. Stevens asked for AN adjournment /
until to-day, which was granted.
DIR. Graves counsel deny that he has
signed contract with an eastern lee |
turing bureau.
Lycurgus Sayles. the consulting conn |
,el with Col. Ballou in the DIR. Graves
case received advices from the West yes
erday, which he says convince him be-
yond doubt that new trial will be
granted Sayles says that DIR. Graves
will be back in Rhode Island on bail
within two months.