Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1906-12-05
GILLETTE GUILTY
IN FIRST DEGREE
Jury Returns Verdict Near Mid
night After Deliberating
Five Hours
TO BE SENTENCED THURSDAY
Defense Will Attempt to Secure the
Setting Aside Of verdict-Jury Stood
Eleven to One for Conviction on the
First RaIlot-Prisoner Shows Effects
Of Strain.

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, on July
H. at midnight returned verdict of
guilty in the first degree
Sentence will be pronounced on
Thursday morning, to which time court
adjourned after the jury had reported.
Former Senator Mills, Gillettes coun-
sci, before adjournment announced
that when court reconvened at 10
o'clock Thursday morning he would
move to have the verdict set aside.
The jury which had deliberated for
five hours sent word at II o'clock that
a verdict had been reached. A moment
later they filed into the court room,
and at 11:15 o'clock AN officer who
had been cent for Gillette returned
with the prisoner.
Pale and a trifle nervous, apparent
". Gillette faced the jury, and when
Marshall Hatch, the foreman, declared
that verdict of guilty in the first de-
gree had been found, the youthful
prisoner gave no sign Of emotion. A
few moments later, when his counsel
had announced. his purpose Of making
a formal motion that the verdict be
set aside, and the judge was dismiss
ing the jury, Gillette bent over a near
by table and picking up a pencil wrote
something upon sheet of paper. He
then folded the paper carefully and
placed it in his pocket. Immediately
afterwards he was taken back to his
cell in the Jail. NJ
It weas learned that the Jury had
some difficulty in reaching an agree
ment and six ballots were taken be-
fore the twelve men agreed. Up to
that time the jury had stood eleven for
conviction and one for acquittal
The days session urltil the judges
charge was taken up by District At
torney Ward, who described the friend
ship of Gillette and Grace Brown and
their companionship up to the time of
the girls death. For the first time dur
ing the trial, the prisoner broke down
as he was mercilessly scored by the
prosecutor.
For some time he glared defantly at
the district attorney, but when the lat
ter read abstracts from the letters sent
Gillette by his sweetheart the prisoner
burst into tears and at times tlruout
the remainder Of the session sobbed
convulsively.
When the jury went to its room and
Gillette was led back to his cell, he
on
locked, sheriff. Apparently he feared
any intention Of violence on the part
of the big crowd that swarmed the
court room. After supper the court
room filed quickly and many remain
ed long, hoping to witness the return
Of the Jury.
In his charge Judge Devenhorff said:
This is case of great Importance.
You have no right to he Influenced or
controlled by anything but the evidence
as 1t has been presented you and the
law governing it as given you by the
court. You have no right to permit
either sympathy or favor with-one or
lhe other party, to sway your judg-
tnent
None Of us was present on the
eleVenrn OF july, Wnen 1t is said this
crime occurred. 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 peo-
pie as to an eyewitness, as to what
occurred at the fetal moment, other
than the defendant, to detail the last
scene in the alleged tragedy. But all
evidence is more or less circumstan-
tial, whether consisting of facts which
permit the inference OF the guilt or
whether given by an eyewitness.
Gentlemen, evidence is not to be dis
credited, or decried because it is cir
cumstantial. It may often be more
reliable evidence than direct evidence
GilIette's Mother Stands by Son.
Herkimer. N. Y, Dec. 5.-Chester E.
Gillette, who last night was found
guilty of the murder cf Grace Brown,
today received telegram from his
another, Mrs. F. S. Gillette, of Denver.
The mother urged her son to have
courage and trust in God, adding she
had wired the attorneys to appeal the
case. She promised she and his father
would be at Chester's side when his
next trial took place.