Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-01-10
Before New YoTk's High
est Court on Appeal.
Arguments Both For and
Against Conviction Heard.
Counsel For Defence Wants Grace
Browns Letters Barred.

Albany. N Y. Jan s.-A new trial
for Chester Gillette, on the ground Of
nearly dozen errors Of law in the
trial which. resulted in his conviction
and sentence Of death for the alleged
murder Of his sweetheart. Grace. or
"BflIy" Brown Of South Otselic. Che.
mango county, at Big Moose lake in
the Adirondacks on July II, 1906. was
asked of the court Of appeals today
by Ex-senator A. M. Mills of Little
Falls, who has been Gillette'; counsel
since his arrest. The appeal is opposed
by George W. Ward Of Dolgevil:e. who
was district attorney of Herkimer at
the time Of the alleged murder and OF
the trial which was held at en- extra
ordinary term of the supreme court
ordered for the purpose by the late
Gov. Higgins.
Three hours were consumed by the
argument Of Ex-senator Mills and Mr..
Ward had Just begun his argument
when the court adjourned for the day
continuing the hearing until tomorrow.
There was q large crowd In the court
room, including several women. There
were no dramatic features.
oItlclIc - CHuISCu VIII ho S''
ticed Mics Brown who was about to
become the mother Of a child Of which
he has never denied the paternity. to
Big Moose Lake in the Adirondacks in
July, 1906; taking her out in boat
to q lonely part OF the lake. and as
dusk was falling, striking her on the
head and face with his tennis racquet
or some other weapon, and throwing
her unconscious body into the water,
where II is alleged, drowning COM
pIeted the work Of murder. The de-
fence was that after desperate can
wasting of their plight. the girl in
despair, suddenly arose exclaiming Il
will end 1t air. and before her COM
panion could prevent. leaped into the
water, Cverturning the boat as she
Jumped Gillette said that he was un-
able to rescue her.
The feature of the trial which at
tracted widespread attention was the
reading of series of extraordinarily
pathetic letters written by Grace Brown
to Gillette. She was 20 years old and
worked in factory conducted by a
relative of Gillette. who also worked
for time in the same place and be-
came acquainted with her there. They
became intimate, and in the late spring
Of 1906. her condition made exposure
increasingly certain. BY these letters.
the prosecution sought to show that
the girl believed Gillette was about to
take her away from home and marry
her, and in them was claimed to ap-
pear the motive for the alleged murder.
Senator Mills arguing before the court
fnp Ahn NJ Ia ~ 10. 4
that II was an error to receive in evil
dence the letters of Grace Brown in
view Of her condition at the time they
were written; that when eXcerpts
from these letters were read to the
jury II was for the purpose of Great
ing dramatic effect upon them; that
the jury was stirred by emotion and
came to a verdict of guilty through an
frrepressihle tide of feeling to which
no barrier or warning was internosed
excert such remarks as the defendants
counsel could make.
Senator Mills said also that ii was
erroneous to receive In evidence the
statement Of employees at the factory
where the girl was employed. these
statements being made. he commended.
hong before tho occurrence charged In
the Indictment. He also declared it an
error to submit to the jury strands
Of hair which were found tangled in
cleats Of tho overturned boat. and to
permit them to speculate as to its
identity. He further questioned the
legality OF the extraordinary term Of
the court appointed by Governor Hig-
gins to try Gillette. contendinC that
II was not constitutionally organized.
Mr., Ward sought to controvert the
the legality OF each.
1.-THE evidence said he in part.
'reavcs no escare for the conviction
that the defendant committed the
crime Of murder with generalization.
Every fart proven pointed with more
or less dirnctness TO his guilt of the
crime charged in the Indictment"
"1f Innocent" Mr.. Ward urged in
conclusion. 1T was his misfortune to
voluntarily environ himself in a net
work OF circumstances which to the
minds Of Intelligent men required to
reach results by rational processes,
could admit no other conclusion than
that Of guilty.
"Applying the rigorous rule insisted
uron nv the defendants counsel. that
the facts must he OF such a character
that they cannot he accounted for upon
any other hypothesis than that of tho
crininalty OF the accused. and must
demonstrate to a moral certainty that
a crime has been committed and that
he was its author. we think the vir-
dict In this case is impregnable