The Providence news. (Providence [R.I.]) 1891-1906, 1892-01-08
A New Trial Asked For.

DENVER, Jan. Sat o'clock yesterday
afternoon Judge Furman presented mo-
tions in arrest of judgment, and to set
aside the verdict against DIR. Graves,
before Judge Rising District Attorney
Stevens appeared for the prosecution.
The briefs are as follows:
"At this day comes the said defendant
on his own proper person, and by Wells,
Macon and Furman. his attorneys, and
moves the court here to arrest judgment
upon the verdict of the jury, lately rem
dered and given here, and in and for cause
of this motion shows to the court here the
following:
"First-That the said indictment is not,
nor is either count thereof, sufficient in
law, but the same and each count thereof
is vague, indefinite and uncertain,
"Second-The first count of the said in
dictment doth not set forth or show the
means by which or the manner in which
the supposed murder was committed.
"Third-The second count of said in
dictment doth not show or aver that the
said alleged poison was by defendant ad-
rninistered TO the said Josephine A. Bar
iiaby with felonious intent on the part of
the defendant.
"Fourth--That the third count of the
said indictment doth not show or set forth
that the said alleged poison therein men
toned was caused or procured To be ad-
minstered to the said Josephine Barnaby
with felonious intent upon the part of
this defendant.
"Fifth-The said indictment is in other
respects vague, indefinite, uncertain and
Insufficient.
The motion for new trial reads as fol-
lows:
'"At this day comes the said defendant
in his own proper person, and by Wells,
Macon x Furman. his attorneys, and
moves the court here to set aside the YER
dict of the jury lately given and entered
here in and against the defendant, n new
trial of the issues herein Joined, aud for
cause of this motion the said defendant
shows to the court here
"First-That the court erred in denying
the motion of the defendant for contin-
uation of the case.
"Second-That the court admitted un-
proper, irrelevant and incompetent evil
dence on the part of the people on the trial
hereof, contrary To the objections of de
fendant.
"1hird-Thc court on the trial hereof
excluded proper, competent and material
ant.
"Fourth-Thc court erred in the in
structons given TO the jury.
"Fifth-The court erred i'm refusing 70
give to the jury instructions prayed on the
part Of the defendant
"Sixth-The verdict Of the Jury is
against the evidence and against the law
Mr.. Stevens said that he understood
that IL was stated that thirty days would
DC required To get "a copy of the records.
Mr. Stevens promised TO let the defence
iave his copy and therefore reduce the
ength Of the delay. and Judge Furman
aid he appreciated the offer of the State
md that he would accept of &c.
After Judge Rising had read the
notions he said that there was n question
u his mind whether judgment could be
bgally arrested over the termination of
Il this term Of court The last day is Jan.
n next, therefore he said he would ask for
time to consider this point before passing
N either motion. Judge Furman sub
rdtled n brief on the legal proposition.
The court will give an audience TO the
c,insel on Saturday morning at 10 o'clock.
Mrs. Graves Is better. She was rational
IA n short time yesterday and talked TO
h,r nurse regarding the probable doom
tat awaits her husband. She asked IL
tere was n probability that he would yet
b. set free and the nurse replied that his
lavyer said there was. Then Mrs Graves
rolled: They cannot separate us for
lhg II they do not give my husband his
lie l shall sacrifice mine with his II he
hs TO be hanged | shall 40 before him
aid meet him when he c9mss.'