Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-12-03

q gibbet from which swung the skeletons
OF men. In those days accusation meant
death and men went to the gailows with
out trial. But now there IL an even more
terrible death penalty in this state. Men
are put into the electric chair and red-hot
irons are put against them. while the odor
of burning flesh certifeS to the inhumanfty
of man to man.
Mr. Mills quoted the law as to pre-
sumption OF innocence.
"In this case" he said there is even a
stronger presumption than the law sets
forth that this boy Is innocent. Hardy
out of his teens, fairly Intelligent, ana
with previous good record earning MS
living, going to college, then re Cortlano
to work, and still they charge that such
boy with such record and such charac-
teristics, suddenly became transformed, and
in the summer of 1906 committed the helm
GUS crime Of murder.
"A mans life counts for something In de-
termining d mans acts.
Mr.. Mills touched upon Gillette's rela-
lions with Grace Brown characterizing 1t
criminal. and saying that 1t happens In
every walk of life and should not enter into
the case to prejudice the defendant.
Was There a CrimeP
About half the jurors kept their eyes on
Mr.. Mills, while the other half gazed at
the floor
1.-THE only question to be considered"
went on Mr.. Mills, lis whether. on July IL,
this defendant foully murdered this girl on
Big Moose lake. You may not approve
what he did before or after, but the only
question for you to decide is whether this
crime was committed. If there remains the
slightest doubt in your minds he must have
the benefit of that doubt.
"A mistake must not be made. for such
mistake Is irreparable No power in heaven
or on earth can rectify it. Such mistakes
have been made In this country and have
not been rectfed; they cannot be rectifed."
Mr. Ward objected to this line of sum-
ming up and the judge upheld him.
This interruption only goes to show" he
continued, that an irreparable mistake
might be made. Gentlemen. if you expect to
sleep In the future be sure that you do not
make mistake in a case built up on cir
cumstantal evidence only.
Question of Motive.
TN the first place the prosecution has
brought forth no adequate motive for the
crime. 1t has not shown that Gillette ever
went to see Josephine Patrick or Hattie
Benedict. He met them in a formal way,
to be sure, but there was nothing beyond
that He went to call on Georgia Hoag,
but Georgia Hoag was the daughter of
his own cousin. lf man Intends to
marry one woman and has liaison with
another that might be motive for MUIR
der, but nothing less than that would be,
and the state has proved no such motive
Mr.. Mills went on to tell how easy 1t
would have been for Gillette, If he wanted
to get rid of Grace Brown, to have left
the state and gone to place where he
could not have been touched.
Instead of doing this. however, impelled
by his attraction for Grace Brown, he
started with her on a wandering trip, boy
and girl as they were. without the expert
ence or judgment Of older people. thought
when heard the prosecutions opening that
he would show that this boy had some rea-
son for killing Grace Brown.
His False Name.
Gentlemen, he did go tc DeRuyter and
register a false name The reason for that
was apparent. She wanted him to do so,
and although he also wanted It, her reason
was the more potent. she feared that
her relatives, who lived there might see
them. This is shown from the letters. and
right here, gentlemen. 1 want to warn you
against being influenced by the pathos of
these letters. They are prone to excite SYM
pathy and were introduced for that purpose.
There Is great pathos In them; but In
your experience you know that in such
cases the man is not always the only
Of character which. as shown by these
letters, belonged to Grace Brown. We
grant the greatest sympathy possible to-
ward her and her family, but for this rea-
not to be influenced by this sympathy.
You should consider this case just as If
this defendant was charged with killing a
man. not a GIRL
Gillette sat through Mr.. Mills summing
UP with the same slouchy but expression
less attitude he has assumed ever since the
trial began. Not even self-pity seemed to
animate him today. Mr.. Mills spent the
greater part of the first two hours Of his
speech In emotional appeal to the jury,
dwelling upon the horror of capital pun
ishment and warning the jurors that a
death sentence, duly imposed, might be an
irreparable mistake.
When the court reOpened the crowd that
assembled in the court room to hear Mr..
Mills finishing summing UP was even more
morbid and dlsorderly than at any previous
time. They were so anxious to get seats
that they came early and made a raid on
the chairs used by the clerks, assistants
sheriffs and newspaper men, occupied them
and had to be forcibly elected before they
would give them up.
Gillette had apparently come to the reali-
zation this afternoon that his fate would
soon be decided Before the court opened,
and while he was awaiting the arrival of
the judge, he sat biting his nails with his
race working nervous y and an almost de-
1ected expression on 1T When his lawyer
finally came IN. bringing in Grace Browns
suit case and some of her clothing he
cheered up noticeably and prepared to listen
TO his counsels efforts In his behalf.
Mr. Mills resumed his address, taking up
the movements of Grace Brown and Gillette
at Utica. They acted" he said, "as any
young couple would under the circum-
stances. He found that his laundry would
not be done. He had 1t sent to Old Forge
where he and Grace Brown expected to be.
The district attorney has put great signifi-
canoe on this fact 1t was perfectly natural.
The case is still on and there will be