The Montgomery advertiser., 1906-12-04
Sharp Passage Between
 Opposing Counsel.
ARGUING THE GILLETTE CASE
Jury Will Begin Considering Yer
 dict Today.
District Attorney Challenges state meat That Physlcian Witnesses FaIsIfed aa te Manner of'
 Grace Brewm'a Denth.

haps in the history of Herkimer coun. ! ty Justice had the closing scenes of l a murder trial been characterized by such bitter attacks by counsel as developed in the summing up of the Gillette case today.
 Replete as the trial has been with surprises and sensations none was pre- pared for the sharp exchange with which the day closed. Judge Devende- orff had expected to give the case to the jury today. but after district att tnrney Ward had spoken for fifteen minutes court was adjourned until to- morrown morning. The prosecutor will conclude and the Judges charge made tomorrow it Is expected.
 Former Senator A. M Mills. a clcse personal and political friend of the prosecutor, made the last appeal to the jury to acquit Chester E. Gillette of the murder of Grace Brown at Big Moose Lake July Il. He had occupied nearly the whole of the session and 1T was late In the day when he dramati- oaliy declared that the five physicians who had sworn that there was blood clot on Grace Browns brain had sworn to a falsehood; that they had got to- gether and agree upon common story for the witness stand and de- liberaaely withheld testimony favor able to his client. intimatipg that the
 
 ward Defenda Doctors.
 As Senator Mills concluded District Attorney Ward jumped 60 his feet ana lnterruptinR the judge who had de- cided upon an adjournment. launched Into a scatching denunciation of Sena- tor Mills and the methods he had taken to sway the jury over to the defense.
 As he spoke the outstretched and trembling hand of the prosecutor shook | In the face of the counsel for the dee fendant.
 'when MT. Mills stands here ard tells you, as he just has" he said, "that those i've doctors, reputable men of Herkimer county and your friends. who enter your homes perhaps every day, are liars and burglars, he says I that which is not true. He does not l expect by that addresa to reach the in-
 te1ligent men on thise e5ury.s He thinks I that there may be q rogue among you. You know sometimes 1nen get on Ju- | ries who have debts of gratitude to l pay from away back, year ago, and they pay them by violating the rules | and rendering 8 verdict not in accor- dance with the evidence. That is what Is called a rogue on jury, and he hoped there might be rogue among you"
 After declaring that counsel for tho defense had sought to find rogue in the jury MT. Ward continued:
 "They say this young man should have been represented at that autopsy. How could he be represented when the officers were in the Adirondacks looking for him at the time the autop- sy was performed and then because he was not represented MT. MIlIs attempts to dlscredit the word of the five repu- table doctors brought here, and he at- tempts to make a doctor of Dimself and tries to tell you what constitutes drowning.
 'why were not they represented7 Nobody knew but what the girl had been drowned until they found that wound under the hair and followed 1t to the brain. And when they found 'the blood clot they knew what caused her death; it was c blow on the head. Theres was nothing ln thiS post mortem to mislead or deceive anybody and 1t re- yealed the fact that murder had been committed that the girl had ont died from drowning, that no water entered I into the mouth, that no water entered the lungs.
 Now. what lnsidious thing did he mean when he told you about graft that existed2 Was there any graft when that poor girl was brought up ] into the woods to be murdered? Did | graft cause that? What did he mean?
 | charge here and now that that little falsehood was put into the case for l the purpose of prejudicing some poor, foolish juror and to koep him from giving proper consideration to the evil dence in the case"
 Senator Mills during his address ear Her in the day contended that Grace Brown committed suicide, and that his client had been unfairly dealt with. Gillette had, he said, been pitted against the united powers of a per- sistent District Attorneys department.
 an unscrupluous sheriffs department
 and a biased and unfair public press.
 The District Attorney had failed to
 show any plausible motive for the ter-
 rible murder laid at Gilletts door; he
 had failed to produce the eyewitness
 se was expected to produce, on the strength of his opening address. and he
 failed to prove that Gillette had any sweet heart other than Grace Brown, as he promised to do. MT Mills declared that every bit of evidence introduced by the District Att tOrney was overdrawu and that noth- ing authentic had been presented to the jury that was inconsistent with the course of the hoy and girl in simi- lar trouble would have taken in seek ing relief and secrecy to shield their repufations He said the District At torneY might Gs well have said that Grace Brown was struck by a bushel b2Sket as win iFai tennlS racquet, and that the girls head had struck the keel of the capsized boat as she went overheard, if there were such in- mries as the doctors had sworn to.
 MT Mills averred that Grace Brown followed the wish written by her in one of the leters to Gillette-that she l drowned herself hoping to be buried | with her secret hidden from the moth | CT whose love she valued more than her own life.
 Court then adjourned until tomor-