Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-12-10
GILLETTE HEARS FATE
Murderer of Grace Brown is to
Die January 28.
NO EVIDENCE OF BREAKDOWN
Calmly Hears Judge Order Him Sent
to Chair.
HIS MOTHER ALSO UNMOVED
Prisoners Counsel Request That Yer
dict Be Set Aside Denied-Notice
for Arrest Of Judgment Fails.
IT'S MOTHER ALSO UNMovED

Special Dispatch to The Star
HERKIMER, N. Y, December 10.-Ches-
ter Gillette was sentenced today to die in
the electric chair at Auburn prison during
the week commencing January %. He
took his sentence more calmly than most
men would listen to the result Of a foot
ball game. His mother, who sat behind
him at his counsels. table, heard the fate
Of her son without any great show of emo
ton. Her face turned red and she showed
some nervousness as the judges solemn
words were spoken, but there was no evil
dence of breakdown. Five minutes after
her son had been sentenced to death she
was chatting with reporters in an ante
room.
When the court clerk, after taking Gil
1ettes pedigree, asked him If he had any
reason to give why he should not receive
the sentence of the court, Gillette ans
wered:
Declares He is Innocent.
II have; 1 am innocent of this crime as
charged in the Indictment, and therefore
think sentence should not be passed.
Have you anything more to say?" asked
Judge Devendorf.
mo, guess not now" said the prisoner
turning to the judge to hear the sentence.
Chester Gillette" said the judge, you
have been convicted of murder in the first
degree. l order that within ten days the
sheriff of Herkimer county transport you to
the head keeper at Auburn prison, and that
there you be kept within its walls and con-
fined. sentence that during the week of
the 2Sth of January the punishment Of
death be inflicted on you in the manner
the law provides"
Gillette, who stood by he clerks desk,
listened to the judge without a change in
10 of ia fon 10 oft nd
tfently until the end, then turned and walk
ed to his counsels' table, where he sat down
and began talking to his mother.
After moment he arose with Under
calmly as ever. =
When Gillette was led into court this
morning all the signs OF fatigue which he
showed when he heard the verdict were
gone. He walked in with a light step and
sat down in his place with an unconcerned
air. Mr.. Mills was in Syracuse today, and
Mr.. Thomas was the only one of his counsel
present. They had to wait some time for
Mr. Ward, who Immediately moved that
sentence be pronounced.
Objects to Verdict.
Mr.. Thomas Immediately made a formal
request that the verdict be set aside, giving
the following reasons:
That the substantial rights Of the de-
fendant had been prejudiced; that the YER
olCl was contrary 10 law, TO the evidence
and to the weight of evidence; that inn
proper statements were made by the prose-
cutor In his opening and summing UP; that
the judges charge was prejudicial to the
rights of the defendant, and nat this term
Of court had no jurisdiction in the case
This last reason came as great surprise
to the court room and was enlarged upon
after Judge Devendorf had said:
Il deny the notion
Then Mr. Thomas got up to move for
an arrest Of judgment. 1.-THE court" he
said, had absolutely no right to pronounce
sentence. 1t was an extraordinary court
called by the governor at the request of
the prosecutor without the sanction of the
appellate division and had no right to try
the case"
Judge Devendorf denied the motion, and
Clerk Burney called: Chester Gillette
come forward and be sworn"
Gillette walked quickly to the clerks desk
and promised to answer truthfully the
questions asked him. He answered dis
tinctly without quaver in his voice a
number of formal questions, and sentence
was then imposed.