The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-01-04
HE SENT THE POISON.
Dr. Graves Confesses That He
Is q Man Of Guilt.
COL. eALLou INsTIoATEp HIM.
His Partner in Crime Has Disappeared
Runner That Graves Had At
tempted to Commit Suicide.

DxrvKn. Colo, Jan. 3.-Deputy sheriffs
George Means and James Wilson, who
conveyed DR.. Graves from the courthouse
70 his cell, stated that on the way he con-
fessed to them that Daniel r. Bailou was
the tnstigator OF the crime. The men left
the courthouse Immediately after the
doctor was given in their charge. and
walked to the Jail. Means and Wilson con-
sented to tell the reporter the facts which
Shey allegs were confessed.
GAS we went along" said Wilson, "Dr.
Graves began to speak of the case, and
asked what / thought Of his chances on
an appeal to the supreme court. / told
him did not think his chances of much
account. adding that thought the best
thing for him 10 do was to make q confess
sion of the Whole matter, and he might have
chance TO receive executive clemency.
"Ballou has brought me TO the galiows,"
said DR.. Graves. al sent the poison, but
Baliou instigated the whole affair"
DR.. Graves stopped, turned around and
told the whole thing over again.
A reporter called on Graves in his cell,
and he refused TO deny that he had con-
fessed, putting it in this way: II have
nothing more to say until / see Judge Fur
man."
1t is stated that Messrs Macon and Fur
man used every effort to prevent Ballou
from coming TO Denver, as they feared he
would prejudice the case. DR.. Graves in
sisted he should come. Tonight Judge
Furman enphaticaIly denied that Graves
made the above confession to the deputy
sherifs. DR.. Graves later refused to say
anything in regard to the matter except
that he was entirely innocent and desires
&c be left undistcrbed. Colonel Ballou
has not been seen today, and it is said he
disappeared from public sight short time
after the verdict was rendered. When
Graves was searched in jail last night be-
fore being put in his cell, three or four
small walls were found on his person.
They contained a colorless fluid which the
doctor said was entirely harmless. This
led to the story that he had attempted to
commit suicide.
Colonel Ballou, who is accused by DR.. Graves
Is being the inst.gator and panner OF the crime
OF poisoning Mrs. Bsrnaby, ia member of the
firm OF Baliou & Jackson, attorneys, Of Provi-
deuce, r. l., who were the attorneys selected By
DIR. Graves 10 secure settlement for Mrs. Bar
naby when she threatened TO contest her hus-
bands will, and was one OF the witnesses in the
case. In the arguments prior 10 the closing OF
the trial. on Wednesday, Lafe Pence. attorney
for the prosecution, referred TO Ballou as
follows:
sit was bold assertion made by Mr.. Conrad
th st he believed that Bailou WAS q conspirator.
He was not charged with compromising the
poison. but his handiwork Is everywhere This
poor old womAnl Did ever a woman anywhere
fall into the clutches of such pair OF scoun-
drels? In January, 1884, there was $4,000 paid
from her husbands estate. Baiiou & Jackson
paid over all but their fee Of $4,000 to Dr.
" IN ha
defendant writes q letter to Mrs. Barnaby in
Florida, saying he had been paid sl400
What happened? Now don't you expect these
men 20 tell you the truth, because they have not
Judge them by their facts. A little thing like
giving away $500 would not be forgotten by Won.
and you men have made more money in ono
year than Ballou * Jackson did in ten. But
when that SIC, 600 was paid there was a scene in
the lawyers Office u was a lapse of memory
that made Mr.. Ballou forget about this Graves
invested through relative, aud purchased
stocks and bonds at figures which no one could
check up against him. He thought he would
catch up with Ballou or Jackson by paying
$40 600 TO himself"
Colonel Ballou followed Prosecutor Pence
speaking In behalf Of defendant His words
are OF interest now a. showing the keen appre-
citation he had OF the result of q conviction and
the possibility OF serious consequences il would
entail His foreoodings have come to pass In
I'm the confession OF tho guilty man Ballou
spoke ca follows:
"The question under discussion was the in.
diotment charging DIR. Graves with the murder
OF Mrs. Barnaby, and nothing less. He was led
To think. while listening TO the discussion that
the question 20 DO decided was the guilt OF some
person other than rr. Graves. The gravity of
the case made him fear the awful re-
sponsibility which devolved upon him.
lie was a stranger, and he had sat in
the courtroom and had looked into the faces
OF the jurors until they had become engraved on
his mind and would be carried by him forever
lie thought he saw evidence of caador and
sincerity in their faces, and that they would
not permit their minds TO be prejudced by any
thing that had been said during the trial If
he understood his own heart aud mind he had
but single purpose in this case, as the Jury
had, and that was TO have ii tried on evidence.
This was the first time he had ever been
called upon to defend a man for murder,
where the penalty was death. He looked into
the face OF Dr.. Graves, his old schoolmate and
recalled his hoyish features He was frank,
open faced and proud. lie was one OF the first
al the boys he met He little thought then that
today he would be pleading for his life and
arguing upon the grounds upon which he hoped
TO prove the innocence of the accused. He felt
sure in his own mind that the Jury was
fair and would not permit any insinuation
TO prejudice their minds against him SO far
as To prejudice them against DR.. Graves He
hoped that no mans spirit OF revenge WAS such
as to inies; the atmosphere OF the courtroom
human life is at stake. The crime of murder
was one which affected the commonwealth He
knew that they would not have his life upon
their eouseiences unless they believed him
guilty. his sympsthies had gone out to them
when he thought OF the awful responsibility
which rested upon them"