The Washington herald., 1906-12-02

Herkimer, n. Y. Dec. IA haif-dayS
session Of the Gillette trial to-day finished
the prosecution case in rebuttal, and it
is probable that all the evidence in the
case is in. Both counsel. as a precaution,
reserved the right 10 call a witness up on
Monday, but 1t is probable that neither
side will offer further testimony.
To-day's evidence in rebuttaI caught
Chester Gillette in at least three more mis-
statements Of fact Undersheriff Klock,
Turnkey Evans. and two witnesses from
Deruyter. Proprietor Coye. of the Taber
House. and Hubert Whaley, his stable
man. came to the stand and denied three
quite important statements that Gillette
made in his direct and cross-examina-
tions
Says He Stayed in Hotel.
On direct examination, Gillette had
sworn that from the station at Deruyter
he went directly to the hotel. and, as 1t
was raining, went to his room and stayed
there reading until bedtime. On cross-ex-
animation the district attorney ELECTED
the positive statement from him that he
had made no attempt to hire horse
means Of conveyance in order to go TO
South Otselic to meet Grace Brown.
The testimony of Coye and his stable
man. Whaley. agreed in every particular.
Coye said that Gillette had come 10 the
Taber House IN Deruyter, at about $50
o'cock on the night Of July s, with
Whaley, and had asked for a rig to go
TO South Otselic. Coye had replied that
all his horses had been out that day and
that he could not let them go again, and
Gillette had gone out and had not come
back before Coye went to bed some two
hours later.
WhaIey testified that Gillette had come
to the barn where he was and asked for
a horse. He had referred him to Coye in
side. and had gone with him to see the
proprietor Of the hotel. The conversa-
ton. which he related, between Gillette
and the proprietor, coTrOborated Coye's
testimony.
Had Control of Himself.
In spite Of his apparently exhausted
condition last night. Gillette had good
control of himself to-day. At the open
ing Of court the district attorney re-
called him 10 the stand and had him
Identify some clothing Of Grace Brown
as that which she was accustomed to
wear IN the factory. The object of this
was to show that the girl had gone
away with Gillette with the evident in
tention Of starting her life again Gil
lette handled a skirt and coat which the
girl had been accustomed 10 wearing in
the factory. and spoke about them as
indinerently as If he had been examin-
ing new styles in a shop window.
The ether witnesses recalled by the
prosecution in rebuttal to-day were IN
der-she-iff Clock. Sheriff Richard, and
Turnkey Evans.
Il talked 10 Gillette" said Klock in re-
ply To a question. and he said he went
ashore near the log pile and started into
the woods. said: I wonder that you
did not get lost. I've been in the woods
all my life, but I would be afraid 10 trust
myself in n country l did not know he
said that he kept the lake in sight until
he struck the road. and I asked him how
he knew the road was there. He said that
map which ne had with him showed il. -
Found Road Accidentally.
On cross-examination Gillette had stated
with some detail that he did not know the
road to Eagle Bay existed until he hap
pened to strike it accidentally, when he
was fleeing from the place where Grace
Brown had been drowned.
The general opinion here now is that
the case will go TO the Jurors late Monday
night or Tuesday. and that they Will not
be late in arriving at verdict. The at
tcrneys for the defense have taken mere
than fifty exceptions ID rulings made by
the court adverse TO them, and have
shown that they fully intend taking an
appeal II the verdict is against them.
1t is again reported that District At
torney Ward to-day refused an offer
from the defense 70 accept a plea Of
guilty Of murder IN the second degree,
which would carry with 1t = sentence OF
lie fmprisOnment.