The Montgomery advertiser., 1906-12-05
GILLETTE
 FOUND GUILTY Of Murder in First
 Degree. YOUNG MAN BREAKS DOWN Sobs During Terrible Arraignment
 of Prose cutting Attorney. Jury Agreed In Five Hours and Ten Minutes That Youth Was Respon-
 sIbIe For Grace Browns Death.
YOUNG MAN BREAKS DOWN

Herkimer, N. Y., Dec. 4-The jury in the trial of Chester E. Gillette. for the murder of his sweetheart. Grace Brown, at Big Moose Lake, on July Il. last, tonight returned a verdict of guilty in the first degree.
 The jury was out five hours and twenty minutes, the case having been given to he jury at 5:3o o'clock. after Judge DevendorH haa occupied an hour and fifteen minutes in his charge.
 The days session. until the judges charge had been taken up by District Attorney Ward. who described the friendship of Gillette and Grace Brown. and their companfonship up to the time of the girls death. For the first time during the trial. the youth. full prisoner broke down as he was merciIessiy scored by the prosecutor.
 For some time he glared deaantly 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 10 his cell. he asked the deputy.
 Are the doors all locked. sheriff?' apparently fearing vengeance but there was no evidence of any antici- patton on the part of the big crowd that swarmed the court room. After supper, the court room filled quickly and many remained long, hoping 10 witness the return of the jury.
 verdict On Evidence.
 In his charge, Judge Devendorf said: ITO all concerned: This is a case of great importance. You have no right to be influenced or controlled by any thing but the evZidence as 1t has been presented to you, and the law govern ing it, as given to you by the court. You have no right to permit either sympathy or favor with one or the ohter party 10 sway your judgment
 None of us was present on the llth of July, when 1t Is said thts crime oe- cured.
 The evidence that Grace Brown lost her life at Big Moose Lake admits oi ns doubt But there is no testimony on the part Of the people as to an eye witness as to what occurred at the fa- tai moment, other than the defendant to detail the last scene in the alleged tragedy But all evidence Is more or less circumstantial, whether consisting of facts. which permit the inference or the guilt or were given by an eye Wit ness. ,.
 "Gentlemen, evidence is not to be dis craditad ar decried because 1t is cir cumstantial. It may often DC more re- liable evidence than eye evidence. Some- thing has been said with reference to the motive. disnensible or essential to conviction |. while a motive may be shown as a cir cumstance to aid in fixing crime, yet the people are not required to prove motive. The motive in this case, 1t is said, by the people, is to be because or the relations that existed between tnls man and this girl. Now whether the situation in which he was placeo TUT t- nished a motive sufficient for hlm 10 nommit this crime rests with the jury to say. - l,o~- of no law. in fact there is no law, that reouires that defendant should pc present at the autopsy or he snoula pc ranresented. He has no particular right ehe Tresent: in fact he cannot be ex- Sooted to he A witness. This is not an i~.,'e In the case and is not to be con sidered.
 "r+ was said by the counsel that ev- orv graft Herkimer County could pc investigated, the first thing he Wouio investigate in that regard would os s+ elIaS rnIn9 on in Herkimer County stat shou1d be presented to the court tl ,s~oner time and in the proper place ", IHI,,,dRo,,btediv the physicians called Woulo S,sia bv the county for their ser ,,tces inc same as all the other onlclalss 2 tba same as the defendant couhse 4i, o
 The judge then touched on ~ question of the crime anu saIo 1,-o,, , tIf tbe jury finds that Grace bFowI, ,,,,.aad overboard voluntarily and that tba defendant made no attempt 10 ,,a her that does not make nm s"TI's Tbs iurv retired immediately after inc charge was concluded.
 Sentence will be pronounced on Thursday morning to which lime cour adiourned after the jury had reported,
 Former Senator Mills Glllette counsel. before adjournment, announce tfa+ when court reconvened at 10 o'clock a. m, Thursday morning. that he would move to have the verdict set aside A.. Pale and a trife nervous. apparently Gillette faced the jury and when Ma"- shal Hatch, the foreman, declared that A verdict of guilty in the first degree had been found, the prisoner gave n5 sign of emotion. A few moments later. when his counsel had announced his purpose of making a form al motion that the verdict be set aside and the judge was dismissing the jurors, Gil- lette bent over a table and picking m pencil. wrote something upon sheet of paper.
 He then folded the paper carefullJ and placed it in his pocket. Immcdi- | ateIy afterward he was taken from the court room back to ais cell in the jail. It was learned that the jury had some difficulty in reaching an agree ment and six ballots were taken before the twelve men agreed. Up to that time the jury had stood eleven fer convio- i tion and one for acqulttaI.
 TERRY GOES CRAZY.
 Little Prize Fighter sent Back to Lun