The Montgomery advertiser., 1908-03-30
GILLETTE MUST DIE
SLAYER OF GRACE BROWN WILL
 GO TO CHAIR TODAY.
Governor Hughes Says New Evidence Is aWhoIly Untenable" and That the Jury's Verdict Was
 .Iuaf.

Albany N r., March Ex-Governor Hughes announced tonight that he had denied the application for a re- prieve for Chester Gillette and no act of the Governor that can now be for seen will interfere with Gillette's ex- ecution at Auburn prison, probably tomorrow morning. for the murder or his sweetheart, Grace or "Billy" Brown ! of South Otselic, Shenango county, at Big Moose Lake, in the Adirondacks on July Il. 1908.
 The governor dismissed the theory based on the alleged new evidence pre- sented by John H. Dugan of Albany. who appeared for the Gillette family before the governor, as wholly unten- able" and declared that eff reason IS 70 be our guide and all established facts are taken into consideration, there IS no escape from the conclusion that brutal murder was committed ana that the conviction was just"
 In his memorandum In the case. the Governor calls attention to the fact that previously. upon application Tor executive clemency, he re@ched the conclusion, after careful examination of the evidence. that there was no ground upon which he would be justi- fied in interfering. Of the reprieve ] that has now been asked, upon the ground of alleged newly discovered ey- idence, the Governor says: "Patitions made at the eleventh hour must show merit. I find none in the present case.
 "A portion of the alleged newly dis covered evidence is to the effect that Gillette had torn the ribbon band from his straw hat ii September. 1905. and had given 1t to his companion. The object is to rebut any Inference from the absence of the interior lining of the prisoners hat when the latter was found floating on Big Moose Lake, and that 1t had been taken out to avoid Identification. This, however, Is of no importance. By his conduct both be- fore and after the fatal event, 1t Is conclusively established that he did seek to avoid Identification and the question whether or not he removed the lining of his hat for that purpose is not of much moment
 'The theory of the defense at the trial was that Grace Brown commit ted suicide.
 ''fhe theory now advanced is that Grace Brown was an epileptic subject and that if she had an epileptic seiz- ure in the boat on the fatal day and if during the attack she sustained the various injuries found and fell into the water, the condition of her body
 
 accounted for.
 But this theory is wholly unten- able. It is eonclusively disposed Of by the statements. conduct and testi- mony of Chester Gillette himself. If 1t be assumed that there was such seizure and fall as might be deemed to account for the condition of the body. it is inconceivable that they l should have escaped the observation of the prisoner; and If he had observed anything of the sort 1t is inconceiv- able that he should have made the statements and have given the testi- mony which appear in the record Of the trial
 If reason is to be our guide, and all the established facts are taken tn- to consideration. there Is no escape from the conclusion that brutal murder was committed and that the conviction was just"