Daily Yellowstone journal. [volume] (Miles City, Mont.) 1882-1893, 1892-01-05
UNE EXPECTED
DR.. Graves on Trial for the Muir.
der of Mrs. Burnaby, Found
Guilty Of Murder IN tile
First Degree.
The >:nnt"r1nl Fl ylt IN Ohim Is /;
Close Race Between : cr-
man and Foraker.
All inrxl,rc'rd Verdict.

All inrxprc'rd Verdict.
DENVER. Jan. 3.-D;. T. Thntcht I
Gravt1 MAS Tonight fnund guilty III
murder In the first dtgr+e. The ac~
cu~''h had entered the cuurt 10 III halt
HI hour before the Jury came with its
verdict, and although hi- express Oh
was t ne akin to pain lie 1nade II tiee-
perat- but futile Effort to apt eAr calm,
and the smile that occasionally ap.
peared or, his face wns reed. By his
side sat Ills vie from whom AL audi
bic nigh would occasionally escape,
and behind him was hia setd and
white. haired mother, wrinkled aud
tareworn her face bearing signs Of
hours spent at weeping.
The court 1oom WAS filled with la
die, among whom were TO be seen the
mtnt fashionable In the city. The f.
male portion of the audience was in.
deed a study, hEd many old ladies'
who would have seemed more In
place ut home by the f.esid", were
Raily gossiping with the younger visi-
tors. Some were sympathetic, while
Others could not refrti.' from EXPRESS
tng their disappointment ut the jury
being 10 long In proAouncing tie dunn
Of tn. aged prisoner.
One of the mos, active persons and
also one IF the mrs' un+usv wA4 Juhn
Fl. { ,nrad, snn.In. law nf the uecpa+ed
He aeen,eh to entertain little t1ou"t VI.
to what The ve'd dict would te, but was
tnpa'ien' rs 10 l:s coming.
Alter heinK OUT just Two hou!s aud
ten minutes :hr jury filed ~lowIy iii q
the 'm"n3 and took the sent- they hBd
occupied Tor so n1auy wenry hours
willie listening t" the testimony. At
no time during 1te entire trial wae
there surh deAth-lik+s i illness with the
audience ~ that which hovertd over
1t while the judge wa1 reading thr ver~
dict before handle K it to the clerk to
be announced to the public. The eiI~
epce was indtea oppressive. aid mole
elnqurntly spoke the Telling ut those
rrsstnt than could the nlnst fitting
language.
During tue midst Of this deep ilerce
Mrs. Graves was heard tn gasp az If
about to ]alut, and instantly all eye@
were rlveted upon her, but 1t WAS ouly
for u moment as lie wdlds of the Gle rk ,
as he began reading the verdict, acted
like magic. All # elinRs OF sympathy
for this pm'r woman Was changed tn
interest IN the verdict. Fr nk MIL
ington, the hero Of the famous Mill
ington trial. sat near The Judge. aud
was Que ofthe most attentive listeners,
and the expression on bis face spoke
plainly and In unmistukabla terms bis
sympathy for the defendant. Clear
Ing his thro t the clerk read:
I'VE, the jury, find the defendant,
7. Thatcher Graves. guilty OF nlurde r
In the first degree" J. P. LOWER.
Foreman.
For an instant after these words
~ere pronounced not a sound could be
heard In tue court room. Then q
scream, which will forever ring in the
ears ot the Jury, broke the stiffness,
and Mrs. Graves grabbed her hushar d
about the neck, covering his face and
hair with kitses. Who could look
calmly upon this accent: Who could.
having witr e1sed 1t, Danish 1t from the
mind? It an instant before all was
stiffness now all was commotion, and
even the rapping Of the oourt bai]itf to
restore order Until the jury could be
po,led failed to restore quietness, until
the pent.up fee lngs OF This pco1
| ~oEuan had been freed, aud she fell
hack exhausted on the seat beside the
| II" tar, whose couvulstve sobs were
the only indication that life had no,
fled.
''rhere must be order III this court .
cried Judge Risiug, aud Immediately
afterwards Judge Fnrman, on behal
| of the defendant, arose and said
] "Ynur honor, give notice Of a new
| triaI."f
The ju>y were then discharged anC
Judge Rising adjourned court unit
| Monday morning ut 10 o'olock.
The verdict proved surprise t
| everyone. It Ia safe 10 say that ever
Prosecuting Attorney Stevens did mol
expect 1t, while "a for the vest audi
ence they shed each other, "WhAl
was that verdict" 1t tproving so unex,
pected. When people were met on
the street and told Of the verdict they