Evening journal., 1906-12-03
FIGHTING FOR
GILLETTE'S LIFE
His Counsel Tells Jury State
Has Not Shown Motive
For Crime

BY Our own Wire, Publishers Press
HERKIMER, N. Y, Dec S.-Martial law
will practically prevail in Herkimer to-
night when the jury retires to determine
whether Chester Gillette is guilty or in-
nocent Of killing BILLY Brown. Soldiers
with loaded guns will pace in front Of the
Herkimer County Court House to pre-
vent disorders if tho jury should fan to
agree or find the prisoner innocent Should
the case go to the jury tomorrow the
soldiers will camp in the armors to
await call.
Chester Gillette has written his father
and mother in Denver, Col. that he will
endeavor to resume his work in the cleo
trical business as soon as he has been
freed. While he is studying in college he
wants to earn mis- way by selling automo-
biles, he writes home He has no idea that
he may be convicted.
Closing Testimony.
A thin stream of people which began to
filter into the court as carly as O'Clock
was q flooding river Of humanity at 8
O'Clock when court opened.
There was intense silence in the throng
when Judge Devendorf raped for order
Senator Mills Junior counsel for Gillette,
called Silar Feeler, a civil engineer, TO the
stand. He said he had been to Big Moose
Lake last Friday and measured the var
ious depths of the water. Feeler said the
water around the boat was about seven
and one-half feet
The testimony was brought out in re-
buttal to the evidence taken, that It was
only three and one-haif feet deep where
the boat was found. The defense contends
that it would have been impossible for
Gillette to have waded out with the boat
into such a depth Of water as is charged
by the State.
District Attorney Ward then called
Julian A. vanwie. Of Cortland. manager
Of sporting gocSs firm. vanwle said he
knew Chester Gillette. Objection TO Mr..
Vanwie testifying that he sold a tennis
racket to Gillette two days before he
started for the Adirondacks was sustained.
T The prosecution and defense rested.
Before the Jury.
Senator Mills, summing up for Gillette,
/ congratulated the jury that the case had
come to its close. "At last this young man,
just out Of his teens, a mere boy, has
come to you, who in the eyes Of the law.
are his friends"
Senator Mills charged that the prosecu-
tor had conducted his case unfairly He
declared that the District Attorney had in
the opening Of his case stated that he
would prove that there was an eye-wit-
ness; that there was a marriage contract
between the defendant and the girl and
/ that she had a wedding trousseau pre-
pared. None of these statements had been
proved. he said. but were made to confuse
and prejudice the jury.
Senator Mills told the jury Of the early
| life Of Gillette. There were no bad hab-
its. nothing to stain his early career and
yet they say such a man rises up in 1906
to commit the crime of murder" said
Senator Mills. Counsel said that Gillette
was not the first who lived in good so.
ciety to overstep the conventionalities He
said that the relations which had existed
between the defendant and the girl were
not criminal. They might have been i'm
proper. but in any event, he should not
be punished for that
1.-The district attorney" counsel said
'has told you that he would show thai
Gillette had another sweetheart. He has
not shown it. Gillette went in society
but there is nothing in that association
which could constitute an adequate mo
1 tive, for saying he wanted to maintain
these relations and the only way he coult
do so was >by the elimination Of Grace
Brown.