New-York tribune., 1906-12-05
FIND GILLETTE GUILTY.
Continaes from nrsr page

feath.
-As caoe was given the Jury at $50 o'clock
,.pirht after Judge Devendorf had occupied
~ hour snd fifteen minutes in his charge He
SENT WITH The points OF law involved and in
..ruc,ed the Jurors To consider the evidence
from legal point ot view. and not TO be infiu-
ercec by sentiment
The DAVIS session until the judges charge had
been taken Up by District Attorney Ward. who
described the friendship OF Gillette and Grace
Brown and their companionship 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 mercilessly scored by the
prosecution
For some time he glared dehantly az the Dis
-rict Attorney. but when the latter read abstracts
from the letters sent to Gillette by his sweet
heart the prisoner burst into tears. and at times
throughout the remainder Of the session sobbed
convUlsivel.'.
When the jury went 10 its room and Gillette
was LED back 10 his cell he asked the deputy
sheriff Are the doors all locked. Sheriff." He
apparently feared violence. but there was no
evidence OF any sdCh intention on the part of the
big crowd that swaI med the courtroom. After
supper the courtroom filed quickly, and many
remained long. hoping TO witness the return of
The jury.
The chief features OF Judge Deyendorf's charge
were as follows:
GentleTnen ot = the Jury: The duty each of you has
sacred egty tha m, that & OF juror is known to our our
t snoI,L5 he as Sait6fi 20 ratnonS 70 Ins
peT.ormanoe OF that duty az Re should DC to take
70 al! concerned one TP ms is case Of great ain i'm
lance because has life liberty hangs the issue.
To the people Al IS OF infinitely Importance.
sg ana @ Of s CT zens g dPena upon sa the
% m peoBe at cTe 81 shond Be punised m If Whre
,-.ue IS proved to have been committed and that
sao4id . "a not 4 be t--S unheeded s6 r--' - e " ~
rC. aZswe7abie 10 your consciences as well as
70 that oath ii al its sanctity; You have right
whence as It has been presented 10 you. and the
a goyerEing H. as gEeH 10 you 6g the % court 6, ~
influence viii swerve your verdict from where your
,T 70 t!s Court yo9r opinioD your judgment as
= ne ruth Of the assatGn here presented @ You
with one or the other party TO sway your Judgment
solely upon the evidence. Whatever that Judgment
nay BE- il oonscientiously given. you need never
70. disturb o. bother you at any & tne thTSugh NE
on IL she eo9 9S sGs oT bef ehe sSgs
lin The liberty and freedom which he seeks.
INDICTMENT NO PRESUMPTION OF GUILT
you TO put aside d feelings o of fsg0E
60 your DUTY as you see IL The fact that the
no Ftesamption against him. In other words the
trial of this starts along in this court with the
presumption OF innocence in favor of the defendant
Now none of us was present on July II, where it
said this crime Inc evidence that
Grace Brown lost her life at Big Moose Lake ad-
hts Cf no doubt. But there is testimony
What occurred at the fatal moment! Other than the
5eIe--ant, 70 detail the last scene IN the alleged
--sEedy. But all evidence Is, however, in strict
less circunstantial. whether consist
iEs Of facts which permit the inference of the
s9i,t whether given by eyewitness. The
1es-"9ny q an eyewitness is. Of course, based
2 any Of the material facts OF q case were at
Of @ the 'hs E TO- 9e the % enan F NJ Fe T9ra bene BE
- Z. -5s court raised; Gentlemen, eViaence is not
s.-1-isL It nay often be more reliable evidence
sr--stAtng has been said with reference TO the
motive. Proof OF motive OF crime Is not indis-
usy 5e shown a circumstance 70 aid In fixing
rl.-e Yet the people are not required to, prove
.@c-,a be because OF the relations that existed
ne aatio6 5 IN WhicR he was placed friShed
motive sufficient for him 10 commit this crime rests
The defendant in all cases may testify as a wit
ness in Ms own behalf. but :he jury may use their
discretion in regard 70 his testimony as he is
erested party i Is the duty Of the Jury 70 con.
& sessed t9getheT win n all the other evidence IN
say % YOU sertIer1en that I know of 10 law:
t- fact there is now law that requires that de-
-st sAouIo oe present al the autopsy @ 1I ti mar
ltsnr 10 be present In fact he cannot be expected
be a witness What ! say you does mean
r1ar seeking to influence your verdict It is
simply 10 call your attention 10 the fact that It is
Hot ~ issue IN the f"Sse. ano is not TO be con-
Il was further .na By one Of the counse. that
Il every graft in IIerkimer County could be in
n t5aI Tegard would be that Of the physicians #
-hare IS any graft going on IN Herkiner County.
inc aad in the proper place: Undoubtedly, the
EhEsCiars called, would be paid by the county for
heir services. the same all the other officials.
fh- the defendants counsel, the same as
-re CefendaltS physicians would be. II they called
= physician. Il Is the duty OF the court TO
@ me 10 dsn 54s5a4 aaq fR e ReoP ease 4oe foe a ad
submission 10 the jury. That should have no effect
Thee are two questions TO be decided First.
there crime committed on Big Moose Lake on the
Ilth cay Of July, 1906? II II is your judgment that
there was no crime committed that ends the case
and your verdict would be not guilty If. how
ever, you IND on consideration and dehberation'
nat y IS your judgment ana decision that crime
vas committed, you come TO another question. and
iaat Is the second question whether the defendant
vas party 10 that crime DID he commit the
7 he jury finds that Grace Brown jumped over
noarc Voluntarily. and that the defendant made
20 s-reTTr = rescue her. that does not make him
2--'y. and the jury must find the defendant 'not
While do not say that you must agree upon
a0y o. Won. rlace your minds in a position which
~ not yield II, after careful delberaJion YOU
INA iai -oE are wrong
The SUMMING Up CONTINUES
When District Attorney Ward resumed his
summing I'D al $50 a m. he pictured Gillette
as base deceiver and heartless murderer, ridi-
'llng the theories advanced yesterday by MI
Mills FOR the defence. Mr.. Ward said he was
justified IN his every statement in his opening
address. which Mr.. Mills attacked yesterday
lie took UP Mr. Mils's reference 10 Gillette as
boy. This inexperienced boy who pulled
out heavy boat. but was fragile TO pull a
one hundred pound girl fifteen feet 10 safety
'Ais poor, inexperienced boy" said he He told
~ 'Ii'lettes journeyings in the West. and his
IKE az railroad brakeman. and continued:
Eereg M e,eTed 4 the Go Cortland factory muscular ard
agT IN rnr eye piC f1eyr rfarrQ al