The Kimball graphic. (Kimball, Brule County, Dakota [S.D.]) 1883-1905, 1893-09-09
STORY OF THE GRAVES CASE
The Fatal Bottle of Whisky Sent
to Denver.
All the Evidence clrcumstantiaI...The Doc
tors Management OF tho Barnaby
Estate Was housekeeping
Pointed to Acqulttal.

Estate Was housekeeping
+ Pointed to Acqulttal.
DENVER, Sept. Cdr. 7. Thatcher
Graves was convicted OF the crime Of
murder upon clrcumstantial evidence
in this city and was sentenced to death.
He was conveyed to the state peniten-
tiary at Canon City and placed in the
execution house. A few days before
the week set for his execution, stay
was granted by the supreme court, and
when arguments had been submitted q
new trial was granted on writ Of
error. He passed nearly ayear in the
penitentiary and was then transferred
to the county Jail in Denver to await a
second trial
The case created great interest all
over the country at the time of the first
trial and that interest has been remark
ably strong ever since. There is plenty
of mystery about the case and oppor-
tunity for no end of surmises and con-
lectures.
Mrs. Josephine A. Barnaby, wealthy
widow whose home was in Providence,
r. L.. was travelling for her health. On
q tour to California she took as q travel
ing companion lady named Mrs. Il. S.
Worrall, whom Mrs. Barnaby had met
years before during tour of Scotland.
The Worralls had failed in business
since that time and the expenses of this
trip to California were betrayed by
Mrs. Barnaby. During the time the
two women remained in California they
quarreled and Mrs Barnaby was left to
her own resources, while Mrs. Worrall
returned to her home in Denver. Mrs
Barnaby, however, stopped in Denver
on her return trip and paid the Wor-
rails visit. When she arrived she was
told of the receipt by young Worrall of
a package from Boston, which had
come through the mails few days
previous to her arrival in the city.
That package contained bottle
The bottle was opened in the presence
of several persons in young Worrall's
office and then wrapped up again. 1t
WAS taken home in IL buggy by Worrall,
but was forgotten and left in the vehi-
Gle all night at the livery stable. On
the following day it was given to Mrs.
Barnaby, who placed it in a trunk in
hall closet where it remained for sew
eral days. On returning from ride
one afternoon Mrs. Barnaby mixed up
whisky toddy and she and Mrs. Wor-
rail- drank of the mixture. Both were
taken violently i'll. Mrs. Worrall sur
vived, but Mrs. Barnaby died after lin
gering in agony for several days.
The symptoms were those of arseni-
cal poisoning and expert testimony de-
clared that the liquor was deadly
poison.
DR.. Graves was the confidential
friend and adviser of Mrs. Barnaby. He
managed all her affairs and invested
her property without giving bond. 1t
wasisheMn on the trial of the case that
she had full confidence in his honor
she had literally provided for him in
her will. But the old lady travelled
about great deal and fell in with no
end of schemers who tried to induce
her to invest her means in various
ways Against all these schemes DR..
Graves made vigorous protests.
1t was alleged that he feared the
time would come when she would take
the property out of his hands and that
he would then be called upon to make
an accounting of the property, which
he would be unable to do. Feuring
exposure and disgrace, and desiring to
get the benefits of the will, it was
alleged he sent bottle of whisky con-
tanning q deadly poison, timing it's ar
rival in Denver so as to be there when
she came from the coast.
The chief prosecuting witness in the
case was John Conrad, n prominent
capitalist of Montana, who had mar
ried daughter of Mrs. Barnaby years
ago. This daughter mad not been on
terms of intimacy with her mother,
and did not even correspond with
her. When MIR. Barnaby died,
leaving large estate. Mrs. Barn
aby was left with small be-
quest. Through the efforts of DR..
Graves the will was contested in the
courts, and compromise effected, by
which Mrs. Barnaby obtained property
to the value of 100000 Conrad took
n decided interest in the case after the
death of Mrs. Barnaby, employed de-
tectives and attorneys to find the cause
of her death and to apprehend the vii
lain who had sent the bottle.
DR.. Graves was suspected. Conrad
went to Providence, held number of
interviews with Graves, and at length
the grand jury in Denver was given
the facts upon which they brought an
indictment. Meanwhile Dr. Graves
was on his way to Denver to testify
before the grand jury. Upon his ar
rival in the city he was placed under
arrest and released on bail. He re-
manned in Denver until the trial came
on and stoutly asserted his innocence.
Much sensational family history was
SosN M. ~,
DR.. Graves past life were brought up
time the kilograms announcing her
de..th reached him in Providence until
after the funeral occurred were closely
detailed to show circumstantiai indica-
tions of his guilt.
The newspapers of Boston and Provi-
dence printed pages of all sorts of SEN
sational comment, interviews and sus-
picions from which it was difficult to
detect truth from error. DR.. Graves
conduct on the stand told against him.
Tho attorneys quarreled, and at times
almost came to blows Public feeling
became intense. The trial lasted six
weeks, and the jury with little delay
brought in verdict upon which the
court pronounced the sentence of
death.
Points IN Graves Favor
During the arguments upon which
the appeal for q retrinl was based,
many things occurred that materially
changed the evidence in the case. The
fact that the property was found after
ward to have been wisely managed
weakened the clnim that motive for
gain was the cause of Mrs Barnaby's
death.
T 1t was also rumored that Conrad
would not attend the second trial and
would take no interest in the case.
Two of the witnesses also died, while
time had calmed the feeling of bitter
ness that had prevailed at the time.
The supreme court in reversing the
! decision of the court below and in
granting new trial, said:
In all criminal prosecutions the law
Of the land guarantees to every citizen
( L.. 49,. Il II