Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1896-01-31
GRAVES PARDON
Petitioners Heard at Length by
Governor and Council.
Evidence Brought Out Showing Self
Defence on Part of Prisoner.
Disappearance OF the Fog Not Satisfactorily
Explained Other Features.

At the evening session Of the Governor
and Couacil, Tuesday largely signed pc
titions were presented for the commute
tion OF the life sentence Of Calvin b.
Graves, fer the murder of Wardens Niles
and Hill, in Washington county, in No
vember, 1886. Hon. A. M. Spear ap-
pearcd for tie prisoner; +. +. Campbell,
County Attorney for Washington county
for the State.
The events will be recalled how Graves,
accompanied by one Mcfarland on a hunt
ing trip, were met at a log cabin by
Warden Niles and Hill The shooting
arose over dog owned by Graves. which
the wardens were to take from him as
being an alleged deer dog. Graves shot
both wsrdens, while Niles was on the
point Of taking the dog. while the latter
was on the team with Mcfarland, pre-
vious TO their intended departure
For the petitioners Mr.. Spear made a
most eloquent appeal. He claimed that
Graves acted in fear on account of state
ments made by one of the wardens to the
other, that they must have that dog or
spill blood He claimed that Graves acted
under the influence Of deep attachment to
the dog, which had teen used in his
family as pet dog 20 drive little cripple
IN nd -nhS,I lot ~
log was no, deer dog, but merely bird
deg.
Moreover, Graves. as was claimed. fired
upon Niles after the latter had taken eff
his coat, and according to testimony. with
an ugly look on his face. made for Graves
with a loaded rifle. Mr. Spear brought
forth that Graves. to his best intention.
was shooting in his own defence. That
the McReayey boy, the only disinterested
witness of the affair, had Immediately at
ter the shooting testified to Mrs Baker
that Graves had done the shooting in self
defence. No previous intention of shoot
ing was possible, from the admitted evil
dence that Graves had, shortly prev ious to
the affair, taken the shells from his gun,
and put them in only after the provoca,ion
and fear had Reached TO a last issue
The counsel accounted for the shooting
of Hill, the second of the wardens shot
because of the lattcrs. as he considered
very reasonable, reaching for bis revolver
He claimed that McRcavcy's statement
showed that Niles had approached with
mis- rifle loaded. and that on those grounds
the sentence should be committed. He te-
seechcd the Governor and Council to look
deeply into the petitions presented and
signed 50 extensively by prominent men in
Hancock, Washington, Penobscot and
PisCataquis counties.
Mr. Spear laid special stress upon the
fact that Graves, according 10 the evidence,
had unoaded his gun before starting to
leave the log cabin, aud claiming that
he loaded MS gun, only at the last
minute. He also attributed much to
Graves hasty temperament, claiming that
the latter did what he thought he had a
right To do
The statements Graves had made. and
stuck to, that h. would do the same again,
under the same circumstances, Mr.. Spear
claimed served only the more to strengthen
the grounds for believing in his innocence.
He asserted that the sentence should have
been one of manslaughter and not murder
of the second degree. The plea was made
that there was not n scintlla of implied
malice, The proyocation which Graves
had suffered, the fear under which he had
been subjected from the remarks overhead
by Mcfarland. by the two wardens that
they would have his dog or spill blood. !"
had given him cause to act as he did.
The attorney spoke of the good record
that Graves had borne while in prison. the
excellent record which he had always en-
ioyed previous to the murder, the many
Iindnesscs he had committed and the
general unanimity IN Hancock and Wash
ington counties in favor of the commute
ton
Edward Graves, brother Of the prisoner,
testified on redirect as to the unanimity of
the section of Hancock county in which
he had been with the petition for the COM
of Calvin's sentence. On cross
examination, he said he had not circulated
petitions in Washington county, but could
name PARTIES there who had expressed
themselves favorably toward il.
Continued on page -