The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-12-05
Jury Returns a Verdict Con-
victing Him of Murder.
First Ballot Stood Eleven to
One Against Him.
IT TOOK FIVE HOURS
To Bring the One Man Around
to an Agreement.
Counsel Will Ask to Have the
Verdict Set Aside.

Herkimer, N Y, Dec. 5-The jury in
the trial of Chester E. Gillette for the
murder of his sweetheart, Grace Brown.
at Big Moose lake, July II. returned a
verdict of guilty of murder in the first
degree last night
Sentence will be pronounced Thursday
morning, to which time court adjourned
after the jury had reported Gillette's
counsel, before adjournment, announced
that when court reconvened Thursday
morning he would move to have the
verdict set aside
The jury, which had deliberated five
hours, sent word at II o'clock that
verdict had been reached They came
into the court room and at HIS O'Clock
an officer, who had been sent for Gil
lette, returned with the prisoner.
Pale and a trifie nervous, Gillette
faced the jury and when the foreman
said that verdict of guilty in the first
degree had been found the prisoner
gave no sign of emotion. A few mo-
ments later, when his counsel had an
nounced his purpose of making a for
NAL motion that the verdict be set
aside and the judge was dismissing the
jurors, Gillette bent over a IA HE and
picking up a pencil, wrote something on
sheet of paper. He then folded the
paper carefully and placed it in his
pocket Immediately afterward he was
taken from the court room back to his
cell in the taiI.
It was learned that the jury had
some difficulty in reaching an agree
ment and that six ballots were taken
before the IL men agreed. Up to that
time the jury had stood eleven for con-
viction and one for acquittal.
The days session until the judges
charge had been taken up by the dis
trict attorney. Mr.. Ward, who describ-
ed the friendship of Gillette and Grace
Brown and their companionship up to
the time of the girls death. For the
first time during the trial the youthful
prisoners courage failed as he was
mercilessly scored by the prosecutor.
For some time he glared defiantly at
the district attorney, but when the lat
ter read extracts from the letters sent
Gillette by his sweetheart, the prisoner
burst into tears and at times through
out the rest Of the session he sobbed
convulsively. When the jury went to
It's room and Gillette was led back to
his cell. he asked the deputy: Are the
doors all locked, sheriff2" Apparently
he feared violence, but there was no
evidence of any intention of violence
on the part of the big crowd in the
courtroom.
In his charge, Judge Devendorf said
there was no witness to what occurred
at Big Moose lake when Grace Brown
lost her life except the defendant
But" he continued. "alI evidence fs
consisting of facts which permit the
inference of the guilt or whether Civ
en- by one who saw the crime. Evi-
dence is not to be discredited or decrfed
because it is circumstantiaI It NAV
often be more reliable evidence than
direct evidence.
Proof of motive of crime is not in
dispensable or essential to conviction.
While a motive may be shown as a
circumstance to aid In fixing a crime.
yet the state is not required to prove
a motive. The motive in this case Is
said by the state to be the relations
tnat existed between this man and this
girl. Now, whether the situation in
which he was placed furnished a mo-
tive sufficient for him to commit this
crime rests with the jury to say"
The judge then touched on the ques-
ton of the crime and said later:
If the jury finds that Grace Brown
jumped overheard voluntarily and that
the defendant made no effort to rescue
her. that does not make him guilty"
The jury retired Immediately after
the charge was concluded.
Gillette. a young man Of good family,
was under promise of marriage to
Grace Brown, a playmate Of his child
hood. She had gone so far as to have
her wedding gown made and was iIrg-
ing him in pitiful letters to hasten the
wedding day
The two registered at hotel on the
shore of Big Moose lake in the Adiron-
dacks July II and then went for a boat
ride That was the last seen OF the
girl alive. The boat was found over
turned. and 1t was a first supposed that
both had been drowned. Grace Browns
body was soon found. Later it was
learned that Gillette had been seen hur-
rying through the woods.
He was arrested two days later and
was indicted. Doctors who have tes-
tilted in the case say Grace Brown was
killed by blows from a tennis racquet