Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-12-16
STATE HOUSE.
Hearing on Pardon Application
Of Calvin P. Graves.
Petitioner Is in State Prison for Muir
der Of Two Game Wardens.
Governor and Council Had Other I'm
portant Business, Yesterday.

At the meeting of the Governor and
Council. yesterday, the application of
Calvin p. Graves, life convict in the
State prison, for pardon or communal
ton of sentence was presented by Hon.
John b. Redman of Ellsworth, acting
as counsel for the petitioners, and a
hearing on the same took place.
Judge Redman in opening the case
read copy of the indictment brought
against Graves. in which he was ac-
of Lyman o. Hill on the Sth day of
November. 1886, at Township &c. in
Washington county.
PRO to that date said the counsel,
Calvin p. Graves was at peace with
all the world. He was living in the
town of Hancock and was working at
any occupation he could get to do.
About that time he was solicited by
one James Mcfarland to go hunting
with him. Graves had been given a
dog by a former game warden, DIR.
Haines of Ellsworth. In company with
Mcfarland he went on the hunting
trip taking the dog with them. They
reached camp in the Fletcher brook
region in Township SO, Washington
county, where they put up. They hunt
ed and presumably took the dog with
them. On Monday, Nov. s. they We're
visited by Lyman o. Hill and Charles
Niles. both of whom were game ward
ems. The latter were cOurteously re-
ceived and invited to have dinner; but
they declined, as they had been to
dinner. Ira P. McReavy, boy of 16,
whose father was numbering in that
region, was present during the day.
when the wardens discovered the
dog they began to ask questions and
Mcfarland. who was more. of a con-
versa tionalist than Graves, argued with
the wardens about the right of a man
to have a dog with him in the woods,
provided he did not use him to track
deer.
Graves did not want to have
trouble with the wardens. for he ar
ranged with Mcfarland to go away
and leave the wardens at the camp.
When they got ready to leave McFar-
land had the dog in the wagon where
he was trying to hitch il to the seat.
Graves gun was not loaded at the
time, for he had taken the cartridges
out. AS they We're getting ready to
start away, Niles advanced and said
he was going to have that dog or
there would be fun. There has been
misunderstanding of this case. Graves
did not shoot the wardens because they
shot his dog. the dog was not injured;
but the testimony will show that
Graves did the shooting to save his
own life. And he shot both men, be-
cause hes feared he himself would be
-bn
with his Winchester rifle loaded and
ready for use. Hill. too, was armed
with a revolver which hung on a string
from his neck. 1t was testified at the
trial that Graves said, Is minutes after
| the shooting. when both men lay dead
upon the ground: L had to snoot theni
| to save my own life.
Graves wanted to avoid conflict
with the wardens as all the evidence
in the case shows. But the dispute
over the dog became so intense that ne
felt in order to save his own life he
was compelled to shoot. l have known
Cal Graves all my life. and l know
him to be white man in every sense
of the word. l know his brothers who
have spent their money in trying to Sc
| cure pardon for him. and l knew ms
| wife and his three children who are
| living on the old farm in Hancock
/ county. And l come here to urge his
Il pardon at the hands of the honorable
Il Governor and Council because 1 be-
Il lieve he had expated the crime for
Il which he was sentenced to life i'm
Il prisonment for murder in the second
Il degree"
II Judge Redman then presented sew
i eral letters in favor of the pardon OF
the petitioner.
II Ex-Judge Enoch Foster, in his letter
/ to the Governor and Council, which
Il Judge Redman read, stated that he was
| the presiding justice at the time of the
| trial of Graves, and in addition said:
II remember the facts and circum-
stances very well, and while l at that
| time and at the present regard his
1 conviction as proper. yet there are so
| MANY extenuating circumstances at
| tending this case, that l feel justified in
| icininy in a recommendation for the
| pardon of this man.
ut was a very sad case. and one
| wherein | have no doubt the jury con-
| scientiously performed their duty ac-
| cording to their oaths; but there were
many circumstances brought out IN
| that trial which went to show that
| this man, in the commission of the
| crime acted from sudden Impulse
| rather than from deliberation. l re-
member the impression that was
| strongly made upon me at the time,
and that was that this man was carried
away, upon the impulse of the mo-
ment. and that his temper might be
said to be ungovernable. and that there
were circumstances which aggravated
him to the commission of the crime
which resulted in his being convicted
of murder He had very excltapie
temper, and which l have no DOUBT go.
the better of him at the time, ana
caused him to commit the act. ne
was. what we may term. very quick
tempered man and this. upon the pro-
] vocation of taking his dog away from
him by the wardens, rendered MN IN
a certain degree. almost insane whiie