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Nome, Nome County, Alaska
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John Gilbert Graham, 24, convicted of first-degree murder and sentenced to death in Colorado's gas chamber for dynamiting a United Air Lines plane, killing his mother Daisie E. King and 43 others. He confessed then denied, claiming coercion. Post-verdict, he requests swift execution while lawyers seek new trial.
Merged-components note: Continuation of the same article on John Gilbert Graham's trial verdict and immediate aftermath.
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Jury for John Gilbert Graham
Defense Paints Graham
As Pathological Liar
By FRANK PITMAN
DENVER, (AP)—Death in Colorado's gas chamber was decreed Friday night for John Gilbert Graham, 24, who confessed—then denied—dynamiting an airliner that hurled his mother and 43 others to death.
Seven men and five women jurors deliberated 72 minutes before returning a conviction of first degree murder in the death of Graham's well-to-do mother, Mrs. Daisie E. King, 55.
In his instructions to the jurors, Dist. Judge Joseph M. McDonald had advised they must determine whether Graham's confession was voluntary before it could be considered as direct evidence justifying infliction of the death penalty.
During the trial, FBI agents presented oral and written confessions by Graham. Graham took the stand in absence of the jury to deny their truth. He said he gave them under threats of the FBI. He contended they threatened to arrest his wife for lying and that he gave the statements to protect her.
Graham, father of two, bit his lower lip but otherwise showed no emotion as Judge McDonald read the death verdict. He told reporters: "I'm innocent."
"Of course, we'll appeal," said Charles S. Vigil, one of Graham's three court-appointed lawyers.
Judge McDonald granted the defense 10 days to file a new trial motion. Graham will not be formally heard until that motion is heard.
Graham took out two air trip insurance policies on his mother's life naming him the beneficiary. Each would have paid him $37,000.
He confessed to the FBI last Nov. 13 that he slipped a 25-stick dynamite time bomb into Mrs. King's suitcase before she left Denver last Nov. 1 on a United Air Lines plane for a trip to Anchorage, Alaska.
Forty-three other women, men and children from 14 states died with Mrs. King when the airliner exploded 11 minutes after takeoff.
Graham's 22-year-old wife broke down and sobbed hysterically for several minutes after the verdict was returned. She was comforted by a neighbor.
"I can never get used to a jury coming in with the death verdict," said Dist. Atty. Bert M. Keating, who called 75 witnesses and presented 130 exhibits in the state's case.
Graham
Asks Death
As Soon as Possible
DENVER, (AP)—Two conflicting documents in the case of John Gilbert Graham, 24, condemned to death in an airliner bombing, were on file in Denver District Court today.
However, Dist. Judge Joseph M. McDonald, who presided at Graham's three-week-long trial, remained at his home. Court attaches said he wouldn't be in court today to consider the documents.
One is a signed affidavit in which Graham, 24, states he wants to die in Colorado's gas chamber as soon as possible.
The other is a request for a new trial, filed by Graham's court-appointed lawyers. There has been no indication when Judge McDonald may act on either.
Graham signed an affidavit in his Denver County jail cell Saturday which said in part: "I accept the verdict of the jury and desire that it be carried out with all convenient speed. This is my wish."
John J. Gibbons, one of Graham's lawyers, quoted the young father as saying: "If that jury believed that crazy confession, there is no use going any farther."
Charles S. Vigil, another court-appointed lawyer, said Graham's request for a new trial is based on 36 points of alleged error in conduct of the trial.
The motion, filed Saturday, claims the court erred in refusing to permit Graham to be tried without a jury, in refusing to dismiss the case on grounds no crime was committed in Denver and in refusing 14 legal instructions for the jury submitted by the defense.
In his closing argument to the jury, Keating said:
"If this is not a crime for the death penalty, where in the history of the world was there ever a case that merited the extreme penalty?"
Vigil and another of Graham's lawyers, John J. Gibbons, painted Graham as a "psychopathic liar."
Vigil asked the jury: "What are the lies and what the truths? If he's lying in this statement (his confession to the FBI) he shouldn't be found guilty."
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Story Details
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Location
Denver, Colorado
Event Date
Last Nov. 1 And Nov. 13
Story Details
John Gilbert Graham confessed to planting a dynamite bomb in his mother Daisie E. King's suitcase on a United Air Lines flight from Denver to Anchorage, killing her and 43 others. He denied the confession under duress to protect his wife. Convicted of first-degree murder after a trial where defense portrayed him as a pathological liar. Sentenced to death in gas chamber. Later signed affidavit requesting swift execution, while lawyers filed for new trial citing errors.