The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-12-05
Herkimer Young Man Found
Guilty Of the Murder of
Grace Brown.
JURY Was FIVE HOURS
N REACHING ITS VERDICT

sively When Prosecuting Attorney
Delivered His Charge to the jury
Gillette Stated He Did Not Expect
the Verdict Rendered.
Associated Press to The Eveninx Times.
Herkimer. N. Y. Dec. 5.-The jury
In the trial Of Chester Gillette for the
murder of his sweetheart, Grace
Brown, at Big Moose lake on July last,
last night returned a verdict of guilty
in the first degree.
Sentence will be pronounced on
Thursday morning to which time the
court adjourned after the jury had re-
ported. Former Senator Mills, Gil
lette's counsel, before adjournment,
stated that when court reconvened at
10 o'clock Thursday morning, he
would move to have the verdict set
aside.
DelibeEateA Five Hours.
The jury, which had deliberated for
i've hours. sent word at II o'clock
that verdict had been reached. A
moment later they fled into the court
room and at 11:45 o'clock an officer
who had been sent for Gillette, re-
turned with the prisoner.
Gillette Unnoved.
Pale and q tribe nervous, apparent
ly, Gillette faced the jury and when
Marshall Hatch, the foreman, declar-
Cd that verdict Of guilty In the hrst
degree had been found, the prisoner
gave no sign Of enption., "A few SEQ
onds later vasn his counsel had an
nounced his purpose Of making . for,
NAL motion that the verdict he set
aside and the judge was dismissing
the jurors, Gillette bent over a nearby
table and, picking up a pencil, wrote
something upon sheet of paper. He
then folded the paper carefully and
placed 1t in his pocket. Immediately
afterward he was taken from the
court room back to his cell in the jail.
It was learned that the jury had
some dificuty in reaching an agree
ment and that six ballots were taken
before the twelve men agreed. Up to
that time the jury stood eleven for
conviction and one for acquittal.
The under-sheriff took Gillette back
to the Jail and as coon as he entered
his cell he prepared hurriedly for bed.
when the reporters want to see
me-" he said to Sheriff Richards, "tell
them I have nothing to say only I did
not expect that verdict"
The jury. It was stated, would have
reached its verdict quickly had 1t not
been for one Juror who thought Grace
Brown was suicide. The other
eleven argued against the theory he
had formed and ballot after ballot was
taken until finally on the sixth ballot
the jury agreed.
The case Of the state against Ches-
ter Gillette, charged with the murder
Of Grace Brown, was given to the jury
at $50 o'clock, after Judge Deven-
dorf had occupied an hour and fifteen
minutes in his charge.
Gillette Cried.
The days session, until the judge
charged the jury, was taken up by
District Attorney 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 prison.
er broke down as he was mercilessly
scored by the prosecutor. When the
latter read abstracts from letters sent
Gillette by his sweetheart, Gillette
cried and at times throughout the re-
mainder Of the session sobbed con-
vulsively. When the jury went to It's
room and Gillette was led back to his
cell he asked deputy: "Are doors
all locked, sheriff."
Judges Charge.
In his charge Judge Devendorf said.
ITO all concerned this case Is Of
great importance. You have no right
to be Influenced or controlled by any
thing but evidence as 1t 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 SYM
pathy or favor with one or the other
party to sway your judgment. None
of us was present on the 18th of July
when 1t Is said this crime occurred.
luo otIu0UC9 tldL 0A0SC DAo"A AOos
her life at Big Moose lake admits Of
no doubt. But there is no testimony
on the part of people as to eye wit
ness 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 mere or
less circumstantial whether consisting
of facts which permit inference Of
guilt or whether given by an eye wit
ness"
Gentlemen. the evidence is not to
he discredited or decried because 1t is
circumstantial. 1t may be more reli-
able evidence than direct evidence.
something has been said with ref
erence to the motive. Proof Of motive
of q crime Is not Indispensable or es-
sential' to conviction. While a mo-