Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-01-12
| GRAVES SENTENCED.
Judge Rising Denies the Motion for
an Arrest of Judgment, and
THE PHYSICIANS DOOM is SEALED.
His Execution Underlined for an EARLY
Date in February, but
THE GOVERNOR MAY PREVENT THE SHOW
ESPECIAL TELEGRAM TO THE DISPATCH.

courtroom presented the usual jammed ap.
pearance, every seat being occupied and the
aisles crowded with men and women.
DR.. Graves and John Conrad were the
centers of attraction. They sat on opposite
sides of the counsel table, surrounded by
their friends and lawyers. Messrs. Pence,
Belford and Stevens represented the prose
cution, and Judge Furman and Will Macon
the defense. Judge Macon, although greatly
improved in health, was still too i'll to be
present.
While the throng was watching for Judge
Rising to appear, Judge Furman chatted
with the reporters. He said he noticed that
the prosecution had received several anony-
nous letters. He also had received sew
eral since the beginning of the trial, and
even Mrs. Graves had been the recipient of
one.
Judge Rising Refuses the Motion.
Judge Rising said: 'In the matter of the
motion for an arrest of Judgment, have
examined the authorities quoted by the de-
Tense. hardly think they support the po-
sition assumed in the motion. The Iowa
case cited is very strong in support of
the suficiency of the Indictment.
ooAole cAdluluiuS Gle dulnOritleS Ol Gne
prosecution 1 looked up our Supreme Court
reports, and 1 found the question was ruled
upon by it in Colorado, in the case of
Reeders versus the people. The Court says
the crime of murder has always existed in
Colorado. Again, the laws say it
shall be sufficient to charge, in
an Indictment for murder, that the defend
ant willfully and maliciously did kill, etc.
1t must, therefore, be held that the first
count in the Indictment is sufficient.
This question has been passed upon by
the Supreme Court of this State, and mo-
tion will be denied" Then turning to the
prisoner he said:
'tF. Thatcher Graves, stand up"
The doctor arose.
Graves Protests His Innocence.
'sHave you anything to say why sentence
should not be passed upon you?"
''Your Honor" the Doctor replied, sI
never in any way or any manner thought or
had anything to do with the death of Mrs.
Barnaby. have never confessed to anyone
that 1 sent bottle of whisky to Mrs. Bar
naby, because I never sent one. Proceed,
your Honor"
'sYou have been found guilty." said
Judge Rising, ''of the murder of Mrs.
Barnaby. Your counsel have not intimated
d
jury was influenced by any other motive
than Justice. The evidence clearly war
ranted the verdict of the jury.
1t is a satisfaction to me to know that if I
have committed any error the remedy is
near at hand, and your appeal to the
Supreme Court will correct any error may
have made.
'eYou, 7. Thatcher Graves, shall be ren-
dered to the custody of the Sheriff, and "a
hours after you shall be taken to the peni-
tentiary at Canon City and kept in SOL
itary confinement until the week of January
81, when you shall be hanged by the neck
until you are dead"
The Doctors Face q Study.
The face of Dr.. Graves was a study when
Judge Furman, his attorney, asked for go
days to file a bill of exceptions This was
denied, for Graves must be hanged in the
week beginning January 81, and to allow
60 days would carry the case beyond
the time set for the execution. He
allowed the defense Is days. When asked
as to whether the Governor had power to
grant q reprieve the answer made was
that it was hardly within the province of
the Governor to do so.
Dr. Graves was then led back to the
county Jail, and was taken to Canon City,
the place of execution, tonight. His wife
is still very i'll The news Of the sentence
has not been made known to her, and
it is feared that when it is, she will break
down completely.
A petition is already on foot to request
the Governor to commute the doctors
sentence, not because he is thought
to be innocent, but on account
of the prejudice existing here
against capital punishment Governor
Poutt to-day expressed himself as favorable
to the condemned man. and will probably
not allow him to be hanged.
The Condemned Man in Canon City.
A telegram from Canon City saws Dr.
Graves arrived here shortly after mid
night. He was not alone, for four
other prisoners sentenced for various
crimes were taken to the penitentiary
1T the same time. Dr.. Graves was securely
shackled, and was handcuffed 10 another
prisoner who was sentenced to serve term
in prison for the crime of forgery.
On the journey from Denver to this place
he doctor displayed great deal of nerve,
chatting in an unconcerned manner about |
.hings in general, but positively refusing to |
.alk about his case.
On arriving at the depot here DR.. |
Graves and his fellow prisoner were
placed in the prison van and rapidly |
lriven to the penitentiary, which
$ about mile from the railroad |
tation. The citizens of this quiet little
,lace were not aware that such a distin-
,uished prisoner was passing through their
nidst and, if they had known, it is doubtful |
whether they would have left their warm beds
or the weather is intensely cold, the ther-
nometer being down to 100 below zero, and
he ground is covered with four inches of
now.
Shivering as With the Asue.
The enormous pile of gray stone which
orms the penitentiary looks even colder
han the weather, and the doctor, as
e glanced at the walls before
assing through the heavy doors of
ne main entrance, shivered as if from ague.
after entering the prison the doctor was
lowed a short time by the fire and grad
ally recovered his composure.
A hurried search of the doctors clothes was
,ade, but nothing of a contraband nature
,as found The warden then unlocked the
andcuffs which held the doctor to his fellow
risoner, and DR.. Graves was led down the
ong half-lighted corridor to the section of
be penitentiary in which the cells for the
ondemned murderers are Situated. The
iilor, with his prisoner, stopped in front of
ell No 8, and the former opened the door,
'hich made a strange noise as it swung
ack on its heavy hinges. DR.. Graves was
I'D to enter, but he hesitated and in a
usky voice said: 'fMy God This is terri
lep' The jailor waited a moment or so, and
gain requested the doctor to enter, which
E did, and throwing himself upon the
nall iron cot, asked to be left alone.