The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-12-11
GILLETTE SENTENCED TO Die.
HIS MOTHER IN COURT AND
HEARS THE HATEFUL WORDS.
condemned Man Declares He Is innocent
OF the Crime Of which lie Is Charged
Not a Muscle OF Hls Face Moved
when the Judge was Passing sentence.

HERKIMER, y. Y, Dec. iO.-The bravado
NJ unshaken nerve which Chester Gillette
has exhibited throughout his whole trial
was not changed to-day, when he at o.
IN TO hear Judge Devendorf sentence n
TO death by the electric chair some tiho
in the week beginning January rs.
Chester Gillette, come forward and be
sworn" said the clerk OF the court after
the Judge and counsel had taken their
seats al the opening Of court TINS MORN
ing. The convicted man stepped FORWARD
and stood listlessly by the clerks uesk'
He took the oath in a firm voice.
Than he answered to the questions OF
the clerk about his pedigree. he SAID that
bs was % wears old; that he was born in
wicks, Mon. had lived ia Cortlahu' ~ -
nm 10 the time Of his trial and that his
business was a stock clerk'
aHave YOU any reason why You should
M, rsceive now the sentence of this court?"
asked the clerk.
Il have" replied Gillette in a sharp
stavv voice such as a lawyer might use to
impress a jury. Il am innocent oil thls
crime as charged in the indictment and
therefore think sentence should not De
passed.
Have you any more to say'' asked the
Judge.
No, | guess not now, replied the pris-
oner.
chester Gillette" then said the Judge,
.vou have been convicted of murder in
che frst depree. l order that within ten
DAYS the sheriff of Herkimer county trans
mort YOU 10 the head keeper Of Auburn
Prison and that YOU be kept within the
--,sDad GaDtanCn that during
the week commencing January 2S the
punishment of death be inflicted on you
in the manner the law provides.
Not a muscle of Gillette's face twitched
while the Judge was ~pronouncing sentence.
When he had finished the man condemned
20 die turned shortly on his heel and went
hack 70 his chair. His mother, who arrived
in town from Denver last night, was sitting
there. Gillette bent over so that he could
whisper into her ear, and for several minutes
the two engaged in conversation. Then
Under Sheriff Klock stepped up, fastened
the manacle onto Gillette's wrist and led
him out of the court room TO the jail.
Mr. Thomas was the only one Of Gillette's
counsel to appear in court to-day when
sentence was to be passed. Before that
was done the lawyer sprung a mild surprise
IN the attorney for the State and the Judge
himself by alleging in his plea for the setting
aside of the verdict that the Judge had
no light TO pronounce sentence, inasmuch
as the term of court presided over by
Judge Devendorf had no jurisdiction in
the case.
II had been an extraordinary court,
called bv the Governor at the request of
sthe prosecutor, said Mr.. Thomas, and
without the sanction of the Appellate Divi-
sion. Therefore, he argued, the cour
had no right to try the case.
He advanced as his other reasons why
the verdict should be set aside the conten-
tion that the substantial rights Of the
defendant had been preJudiced; that the YER
die was contrary to law and 10 the weight
of evidence; that the prosecutor had made
improper statements in his opening and
summing no Of the case, and that the
Judges charge TO the jury had been preJu-
dicial TO the defendant.
The Court denied the attorneys motion
for setting aside the verdict and likewise
denied a motion for an arrest Of judgment.
II is expected that Gillette will be re-
moved 10 Auburn tomorrow. Although
the plans Of Gillette's lawyers are not
known. it is certain that an appeal from
the Judgment of the Court will he taken
shortly and it is not believed that the con-
demned man will be executed in the week
of January %.
added to the gossipS' stock OF talk to-day.
TIL, defendant mother came in on n late
train, having made he trip direct from
Denver. She inquired from the hotel pro
prietor whether IL was too late TO zee her
son thai night. On being told that it was
too late she retired.
The meeting Of mother and sol took place
this morning before Chester was taken
from the jail. When the boy appeared
in the court room a little body dressed in
gray was by his side. That's his mother"
-. sAa nvotfaI UhienAr that ran around
the court room.
The rosv checked woman seemed to be
overweight. She sat beside her son.
alternately crying and kissing him until
the boy somewhat pettishly cried: That
will do. mother: sit still and be quiet"
II developed this morning that the way
Mrs. Gillette managed to get to the side
of her son was by accepting commissions
from two newspapers to write special
articles for them. She explained to some
OF the newspaper men this morning that she
had no money with which to pay her passage
for the long trip from the West and that by
writing for the papers she hoped TO make
enough to help to pay for a new trial for her
son.
Mrs. Gillette said that she had lone some
work for the War CRY and she thought that
gave her enough knowledge Of newspaper
writing to fill her contracts with the two
newspapers. She went down TO the tele-
graph Office in a very buslnesslike manner
This morning after sentence had been passed
on Gillette and filed kilograms for her
papers. -,
Mrs. Gillette at first said that she could
not be interviewed because that would be
contrary TO the spirit Of her contract with
the papers, but later she changed her mind
end talked with the newspaper men.
Il have come to get my boy TO tell every
thing there is to tell and shall beg him on
INV Knees TO tell me everything, ard ] am
sure he will. | certainly do not believe
him guilty. | think he was headst ropg
and careless and that he did some things
he should not have done, but l am abso-
lutely sure that he did not take the life of
Grace Brown.
Il thanked God when I got here and
found that the report that Chester had
confessed to having murdered the girl
was untrue. am surprised at the COM
posure my boy has shown all during the
trial. He used to be a most emotional
and excitable boy. He must have studied
his part before the trial or he never would
have been able TO go through il ~ he did. 4"
Here Mrs. Gillette excused herself, saying
that she hal TO go and file a bulletin for the
papers employing her. She sent a brief