Waterbury evening Democrat., 1906-12-05
CONDEMNS GILLETTE
Herkimer Jury Says He Killed
 His Sweetheart.
VERDICT CARRIES DEATH SENTENCE

Tragedy of Big Moose Lake In Which
 Young Factory Girl, Grace Brown,
 Lost Her Life-Murder In
 First Degree.
 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 last night returned verdict of guilty in the first degree.
 Sentence will be pronounced tomor- row morning, to which time court ad- journed after the jury had reported. Former Senator Mills, Gillette's coun- gel, before adjournment announced that when court reconvened he would move to have the verdict set aside.
 The jury, which had deliberated for i've hours, sent word at Il 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 sent for Gillette return  cd with the prisoner.
 Pale and trifle nervous apparently, Gillette faced the jury, and when Mar shall Hatch, the foreman, declared that verdict of guilty in the first de gree had been found the youthful pris- onef gave not sign of emotion. A few moments later, when his counsel had announced his purpose of making . formal motion that the verdict be ret aside and the judge was dismissing the jurors, Gillette bent over nearby table and, picking up pencil, wrote, "Father, I am condemned, Chester" !" He then folded the dispatch carefully and placed it in his pocket. Imme- diately afterward he was taken from the courtroom back to his cell in the Jail. m.ta
 It was 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 case was given to the jury at b:5O o'clock last night, after Judge Dev- endorf had occupied an hour and fif- teen minutes in his charge. He dealt with the points of law involved and instructed the jurors to consider the evidence from legal standpoint and not to be influenced by sentiment.
 The session until the judges charge had been taken up by District Attor- ney Ward, who described the friend ship of Gillette and Grace Brown and their companionsh.p up to the time of the girls death in Big Moose lake. For the first time during the trial the youthful prisoner broke down as he was mercilessly scored by the prose- cution.
 For some time he glared defiantly at the district 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 remainder of the ses- sion 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, sheriff?" He apparently feared violence but there was no evidence of any such intention on the part of the big crowd that swarmed the court room.
 The chief features of Judge Deven- dors charge were as follows:
 "Gentlemen of the Jury-The duty each of you have assumed is an i'm portant one, not higher or more sa- cred duty than that of juror is known to our civilization. A citizen should not shrink from jury duty, but should be as faithful to respond to the performance of that duty as he should be to take hold of a rifle in defense of his country.
 "To all concerned this is case of great importance. To the defendant 1t is of vast importance because his life or liberty hangs on the issue. To the people it is y infinitely more impor- tance because the good order of the community and the safety and life of its citizens depend upon the faithful administration of justice.
 'The defendant in all cases may tes- tify as a witness in his own behalf, but the jury may use their discretion in regard to his testimony, as he is an interested party. It is the duty of the jury to consider the evidence of the previous good character of the accused. together with all the other evidence in the case, in determining his guilt or in- nocence. It should not disturb or both- CT you at any time through life wheth- CT. on the one hand. 1t sends the de- fendant to answer the death penalty or whether it gives him the liberty and freedom which he seeks.
 'I caution you to put aside any feel ings of favor or sympathy and in the closing hour of your labor to do your auty as you see 1t. The fact that the indictment was found against the de- {endant raises no presumption against fin-in other words. the trial of this case starts along in this court with the presumption of innocence in favor of the defendant.
 -Now. none of us was present on the 11th of July where it is said this crime occurred. The eyidence that Grace Brown lost her life at Big Moose lake admits of no doubt. hut there is no tes-