The Birmingham age-herald., 1906-12-05
Jury Decides He Killed His Sweetheart Grace Brown,
 On Big Moose Lake
SOBS AS LETTERS ARE READ
 BUT UNMOVED BY VERDICT
Defantly Faces the Jury and Writes Something On Paper-He Fears Vengeance-The Judges
 Charge to Jury.

Herkmer, N. Y, December 1.-The jury in the trial of Chester E. Gillette for the murder of his sweetheart, Grace Brown, at Big Moose lake, on July Il last. to- night returned verdict of guilty in the first degree.
 The jury was out five hours and twenty minutes, the case having been given to the jury at 5:SO o'clock, after Judge De- Vondorf had occupied an hour and fif- teen minutes in his charge. The days ses- sion, until the judges charge, has been taken up by District Attorney Ward. who described the friendship of Gillette and Grace Brown. and their companonship up to the time of the girls death.
 For the first time during the trial the youthful prisoner broke down as he was mercilessly scored by the prosecutor. For some time he glared defiantly at the dis trict attorney, but when the latter read abstracts from the letters sent Gillette by his sweetheart, the prisoner burst into tears and at times throughout the re- mainder of the session sobbed conyul- sNey.
 Fears Violence.
 When the jury went to it's room and
  the deputy: Are the doors all locked, sheriff?" apparently fearing vengeance, but there was no evidence of any such fjnclinatiop on the part of the big crowd that swarmed the court room After sups per the court room filled quickly, any many remained long hopig 10 withess the return of the jury. l bis chsrge, Judge pevendorf said:
 "To all .,oncernea: This is a case of great import aee. You have no right to be influenced or controlled by anything but the evidence as it has been pre- sented to you. and the law governing it, as given to you by the court. You have no right to permit either sympathy or favor with one or the other party to sway your judgment.
 None of us was present on the 11th of July, when it is said this crime oc- cured The evidence that Grace Brown lost her life at Big Moose lake admits of no doubt. But there is no testimony on the part of the people as to an eye witness as to what occurred at the fatal moment, other than the defendant, to detail the last scene in the alleged tragedy. But all evidence is more or less circumstantial, whether consisting of facts, which permit the inference of the guilt, or whether given by an eye wit ness.
 Circumstantial Evidence.
 "Gentlemen. evidence is not to be dis credited or deserted because it is cir cumstantial. It may often be more re- l,abIe evidence than eye evidence. Some thing has been said with reference to the motive. Proof of motive of crime is not indispensable or essential to con- viction While a motive may be shown as a circumstance to aid in fixing crime, yet the people a1e not required to prove a motive The motive in this case. it is said by the people, is to be because of the relations that existed between this man and this girl. Now whether the situa- ton in which he was placed furnished motive sufficient for him to commit this crime rests with the jury to say.
 .'I say to you, gentlemen, that I know or no law, in fact there is no law, that requires that defendant should be pres- ent at the autopsy he should be rep resented. He has no particular right to be; in fact. he cannot be expected to be a witness. This is not an issue in the case and is not to be considered.
 Speaks of Graft.
 Ut was said by the counsel that if every graft in Herkimer county could he inyestigated, the first thing he would
 
 of the physicians. If there is any graft going on in Herkimer county, 1t should be presented to the court in proper time and in the proper place, Undoubtedly the physicians called would be paid by the county for their services the same as all the other officials. The same as the defendants counsel"
 The judge then touched on the question O. the crime, and said:
 "If the jury finds ttat Grace Brown i,lmped over board voluntarily, and that the defendant made no attempt to rescue her that does not make him guilty. The jury retired immediately after the charge was concluded. Sentence will be pronounced on the third morning, to which the court adjourned after the jury had reported.
 Motion to Set Verdict Aside. Former Senator Mills, Gillette's counsel. before adjournment announced that when court reconvened at 10 a. m. Thursday morning that he would move to have the verdict set aside.
 Pale ard a trihe nervous. apparently, Gillette faced the jury. and when Mar
 foreman. declared that
 " in the first degree had
 le prisoner gave no sign
 few moments later, when
 announced his purpose of
 al motion that the verdict l the judge was dismissing
 lette bent over q table
 pencil, wrote something f paper.
 anon ad the paper carefully and
 pocket. Immeda tely aft IS taken from the court
 his cell in the jail. It was ie jury had some difficulty
 agreement. and six ballots
 ore the twelve men agreed
 tim the jury had stood
 nyiction and one for ac-