The Birmingham age-herald., 1906-12-04
CHARGE DOCTORS SWORE FALSEHOODS Lawyers Clash at Close of Gil-
 lette Trial CASE GOES TO JURY TODAY No Motive for Killing Grace Brown, Says MlIs-Death Caused By
 Blow on the Head, Says
 District Attorney.

Herkmer. N. Y, December 3-Neyer, perhaps, in the history of Herkiner coun- ty justice had the closing scenes of a murder trial been characterized by such bitter attacks by counsel as in the vitu- perative summing up of the Gillette case today. Replete as the trial has been with surprises and sensations, none was pre- pared for the sharp exhibition with which the day closed.
 Judge Devendorff had expected to give the case to the jury today, but after Dis trict Attorney Ward had spoken for if tomorrow. The prosecutor will conclude and the judges charge will be made to- morrow, it is expected.
 Former Senator A. M. Mills, a close personal and political friend of the pros ecutor, made the last appeal to the jury to acquit Chester A. Gillette of the mur- der of Grace Brown at Big Moose Lake July II. He had occupied nearly the whole session, and it was late in the day when he dramatically declared that the five physicians who had sworn that there was a blood clot on Grace Browns brain had sworn to a falsehood; that they had got together and agreed upon a common story and deliberately withheld testimony favorable to his client, intimating that the physicians were improperly influenced
 As Senator Mills concluded District Att torney Ward jumped to his feet, and in- terrupting the judge, who had declared an adjournment, launched into a scathing ,af,, tf .c AF.1I methods he had taken to sway the jury over to the defense. As he spoke the out stretched and trembling hand of the pros ecutor shook in the face of the counsel for defendant
 When MT. Mills stands here and tells you, as he just has" he said, that those five doctors, reputable men of Ierlsimer county, and your friends. who enter your homes perhaps every day, are liars and burglars, he says that which is not true.
 He does not expect by that method to reach the intelligent men on this jury. He thinks that there may be a rogue among you. You know sometimes men get ol. juries who have debts of gratitude to pay by violating the rules and rendering verdict not in accordance with the evi- dence. That is what is called a rogue on jury, and he hoped there might be rogue among you"
 After declaring that counsel for the defense had sought to find rogue in the jury, MT. Ward continued:
 They say this young man should have been represented at that autopsy. How could he be represented when the officers were in the Adirondacks looking for him at the time the autopsy was performed, and then because he was not represented tO Ia ror1 O. the five reputable doctors brought here, and he attempts to make doctor of himself, and tries to tell you what constitutes drowning.
 Why were not they represented? Nobody knew but what the girl had been drowned until they found that wound under the hair and followed it to the brain And when they found the blood clot they knew what caused her death--it was a blow on the head. There was nothing in this post mortem to mislead or deceive anbody and it re- vealed the fact that murder had been committed; that the girl had not died from drowning, that no water entered into the mouth, that no water entered the lungs
 Now, what insidious thing did he mean when he told you about graft that eX- isted? Was there any graft when that poor girl was brought up into the woods to be murdered? Did graft cause that? What did he mean? I charge here and now that that little falsehood was put into the case for the purpose of prejudic- ing some poor, foolish juror and to keep nim from giving proper consideration to the evidence in the case.'
 Senator Mills. during his address ear Tier in the day, contended that Grace Brown committed suicide and that his client had been unfairly dealt with. Gill 1pt ta bnd caiJ the united powers of a persistent district attorney and interruptions sheriffs in the premises and a biased and unfair public press.
 The district attorney had failed to show any plausible motive for the terrible murder laid at Gillette's door; he had failed 10 produce the eye witness he was expected to produce on the strength of his opening address. and he failed to prove that Gillette had any sweetheart other than Grace Brown, he prom ised to do.
 Mir Mills declared that every bit of evidence introduced by the district at torney was overdrawn and that nothing authentic had been presented to the jury that was inconsistent with the course any boy and girl in similar trouble would have taken in seeking relief and secrecy to shield their regulations.
 He said the district attorney might as well have said that Grace Brown was struck by a bushe basket. as with a frail tennis racquet and that tht girls head had struck the keel of the capsized boat she went overheard if there were such injuries as the doctors had sworn to.
 MT. Mills averred that Grace Brown followed the wish written by her in one of her letters to Gilete that she drowned herself, hoping to be buried with her setcret hidden from the mother whose love she valued more than her own life.
 Court then adjourned until tomorrow