Waterbury evening Democrat., 1906-11-23
HAS STATE FAILED Defense in the Gillette Murder Case Claim That Prosecutor Has Made
 a Failure
MAY OFFER NO DEFENSE

Herkimer. N. Y, Nov 23.-With
 the second week of the trial of Ches-
 ter Gillette, charged with the mur-
 der of his sweetheart, Grace Brown.
 drawing to close, the prosecution
 has yet many witnesses to examine
 before the states side of the case is closed. When court adjourned after nightfall yesterday the district attor- ney had not yet arrived at the point
 in the narrative he is relating to tho jury where the girls body was found floating in Big Moose lake. The de- tails of the discovery are expected soon to be heard and then must fol- low the technical testimony of the physicians who examined the body and performed the autopsy. It is said that these doctors will be put through a searching cross-examina- tion. for 1t is the general opinion that much will depend upon what is actually proved to have been the condition of the body as regards visible injuries, etc, when found. It is intimated that the defense may place some medical experts of its own upon the stand be- fore the case is done.
 Speculation continues lively as to the character of the defense, which as yet has not been even so far as inti- mated. The opening address of coun- sel for the defense when the state Is closed is looked forward to with the greatest interest. It may be, however, that following the line of reticence to the end, the defendants counsel may abandon the opening ad- dress or outline of their case and let 1t develop from their witnesses. There has been rumor that no de- fense will be offered, the contention being that the state has failed to make out good case in the eyes of the law, but this is not generally credited. When the trial began the court officials and others looked for ward to returning to their homes by Thanksgiving day, but If defense is offered they must abandon all such hopes.
 There was a smaller crowd in court to-day than at any time, this week.
 The first witness was Thomas Bar rett, an Adirondack guide, who ap- parently was the last person to see the boat in which Gillette and Grace Brown were rowing. About. 5:30 p. m. he saw the boat coming out of Punkey bay into South Bay of Great Moose lake,, Gillette was rowing list lessly, he said. and was leaning for ward on his oars, apparently engaged in earnest conversation with young woman seated in the stern.
 On cross-examination the defense laid stress on the exact time when the witness saw the young people in the boat. Already the defendants counsel has tried to draw from wit nesses the fact that when Gillette was arrested his watch was found on the dresser in his room and that 1t had stopped at 5:50 o'clock. The officers who made the arrest could not re- member about the watch. This line of questioning is taken to indicate that the defense may try to show that when Gillette and the girl were thrown into the water. as Gillette the watch stopped.
 Gillette appeared to be rather more pallid than usual when he appeared In court and his eyes were heavy and red as though he had not slept very we'll last night. His demeanor was one of more seriousness than at any time since the trial was begun. His brow was constantly contracted into 3 frown.
 To the numerous other rumors as to the character of the defense was added to-day that a plea of murder | In the second degree will be entered with the attempt to show the death | of Grace Brown was, not planned in | advance. There was no more author ty for this than any of the other re- ports.
 The boat In which Gillette and | Miss Brown took the fatal ride. from | which she never returned alive. was in evidence to-day. Nor 'ison who found the boat said that ie discovered hair clinging to the .leets of the boat.