Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-12-05
GILLETTE IS GUILTY
Jury Gives a Verdict of Murder
in First Degree.
PRISONER ROUNDLY SCORED
Counsel Will Move That the Verdict
Be Set Aside. D..
TO BE SENTENCED ON THURSDAY
Judge Charges the Jury at Length on
the Value Of Circumstantial
Evidence.
PRISONER ROUNDLY SCORED
TO BE SENTENCED ON THURSDAY

HERKIMER. N r, December 5.-Chester
E. Gillette. who last night was found guilty
of the murder of Grace Brown at Big Moose
Lake, today received a telegram from his
mother, Mrs. F. 8. Gillette, Of Denver, Col.
The mother urged her son to have courage
and trust in God, adding that she had
wired to his attorneys to appeal the case.
She promised that she and his father would
be at Chesters side when his next trial
took place.
Guilty Of murder in the first degree was
the verdict of the jury last night in the
case OF Chester Gillette. charged with the
murder OF his former sweetheart, Grace
Brown, at Big Moose lake, July IL.
Sentence will be pronounced Thursday
morning, to which time court adjourned
after the jury had reported. Former Sena-
tor Mills, Gillettes counsel. before adjourn
ment announced that when court recon-
vened at 10 o'clock Thursday he would
move to have the verdict set aside.
The jury, which had deliberated for five
hours. sent word at IL o'clock that a ver-
dict had been reached. moment later
they filed into the court room and at n:15
O'Clock an officer who had been sent for
Gillette returned with the prisoner.
NO Sign OF EmoC1ou.
Pale and a trife nervous, apparently,
Gillette faced the jury, and when Marshal
Hatch. the foreman, declared that a YER
blot of guilty in the first degree had been
found, the youthful prisoner gave no sign
OF emotion. A few moments later, when
his counsel had announced his purpose
Of making q formal motion that the ver-
dict be set aside, and the Judge was dis
missing the jurors. Gillette bent over
nearby table and, picking up 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.
1t was learned that the jury had some
difficulty in reaching an agreement and six
ballots were taken before the twelve men
agreed. Up to that, time the jury had
stood eleven for conviction and one for
acquittal
A Merciless Arrangement.
The days session. until the judges
charge. had been taken up by District At
torney Ward, who described the friend
ship of Gillette and Grace Brown and their
eompanionship up to the time OF the,
girls death. For the first time during the
trial the youthful prisoner broke down as
he was mercilessly scored by the proseeu-
tor.
For some time he glared def1antly at
Tic dtiOTilcy, Dul Witch the ldl-
ter read abstracts from the letters sent
to Gillette by his sweetheart the prisoner
burst into tears, and at times throughout
the remainder OF the session sobbed con-
vulsively.
When the jury went to it's room and Gill
lette was Led. back to his cell he asked the
deputy Are the doors all locked, sheriff.
Apparently he feared violence, but there
was no evidence of any intention Of vio-
lence on the part of the big crowd that
swarmed the courtroom. After supper the
courtroom filled quickly and many re-
manned long, hoping to witness the return
Of the jury.
The Judges Charge.
In his charge Judge Devendorf said:
ITO all concerned this is a case Of great
importance. You have right to be inf1u-
enced or controlled by anything but the
evidence as 1t has been presented to you
and the law governing It as given to you by
the court. You have no right to permit
either sympathy or favor with one or the
other party to sway your judgment.
None of us was present on the 18th of
July. when It 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 people as to an eyewitness. 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
more or less circumstantial, whether con-
SlSliHB OI ldClS WHICH permit lIie luleIEuC6
of the guilt or whether given by an eye
witness
Gentlemen. evidence is not to be dis
credited or decried because it is circum-
stantial. It may often be more reliable
evidence than direct evidence.
Something has been said with reference
to the motive. Proof of motive Of crime
Is not indispensable or essential to conyic-
circumstance to aid in fixing crime, yet
the people are not required to prove a
motive.
Motive Rests With Jury.
1.-THE motive in this case is said by the
people to be because of the relations that
existed between this man and this girl
Now, whether the situation in which he
was placed furnished motive sufficient
for him to commit this crime rests with the
jury to say.
Il say to you, gentlemen, that know Of
no lawn fact. there is no law-that re-
quires that a defendant should be present
at the autopsy or that he should be repre-
scented. He has no particular right to be
present; min. IN fact ne cannot be expected to
case and is not to be considered.
1T was further said by one of the counsel
that If every graft In Herkimer county
could be investigated. the first thing he
would investigate In that regard would be
going on IN Herkimer county that should
be presented to the court in proper time and
in the proper place. Undoubtedly. the ply
sicians called would be paid by the county
for their services. the same as all the other
officials, the same as the defendants coun-
SELL
The Judge then touched on the question
Of the crime and later said:
IF the Jury finds that Grace Brown
jumped overheard voluntarily and that the
defendant made no attempt to rescue her,
that does not make him guilty"
Ridiculed Defense.
In his argument District Attorney Ward
ridiculed the argument Of State Senator
Mills Of counsel for the defense.
"Mr. Mills he said, made statements
to you yesterday that were most helpful
to his client, but. remember. he was not
under oath