The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-03-30
GOVERNOR HUGHES
DENIES REPR|EVE
Chester Gillette VIII Probably
Die Today
NO MERIT IN PETITION
The Governor, In Explaining Denial of
Clemency, Says There Is No
Escape From the Theory
of Brutal Murder.

Albany, y. Y, March Ex-Governor
Hughes announced tonight that he had
denied the application for a reprieve for
Chester Gillette, and no act of the gov
ernor that can now be foreseen will in
terfere with Gillette's execution at the
prison, probably tomorrow morning. for
the murder of his sweetheart, Grace, or
Billy Brown. of South Otselic, Che
mango county, at Big Moose lake, in the
Adirondacks, on July Il, 1906.
The governor dismisses the theory
based on the alleged new evidence pre-
scented by John II. Dugan of Albany,
who appeared for the Gillette family be-
fore the governor, as wholly untenable,"
and declares that "if reason is to be our
guide and all the established facts are
taken into consideration there is no es-
cape from the conclusion that a brutal
murder was committed and that the con-
viction was just"
In his memorandum in the case the
governor calls attention to the fact that
previously, upon application for legisla
tive clemency, he reached the conclu-
Eion, after careful examination, that
there was no ground upon which he
would be justified in interfering. OF the
reprieve that has now beer asked, upon
the ground of alleged new, discovered
evidence, the governor says.
Eleventh-Hour Petitions.
Petitions made at the eleventh hour
must show merit. 1 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 in September 1905, and had
given it 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, that it. had been taken
out to avoid identification. This, how
ever, is of no Importance. By his con-
duct both before and after the fatal
event, it 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
1.-The theory of the defense at the trial
was that Grace Brown committed sui
eide.
New Theory Advanced.
'The Theory now advanced is that
Grace Brown was an epileptlc subject,
and that If she had an epileptice seizure
in the boat on the fatal gay, and if dur
ing the attack She sustained the yarioqs
injuries and fefi into the water, the con-
dition of her body as disclosed by the
autopsy might be accounted for.
But this theory is wholly untenable.
1t is conclusively disposed of by the state
ments, conduct, and testimony of Ches-
ter Gillette himself. If it be assumed
that there was such a seizure and fall
as might be deemed to account for tho
condition of the body, it is inconceivable
that they should have escaped the OBJ
servation of the prisoner; and If he had
observed anything of the sort 1t is incon-
ceivable that he should have made the
statements and have given the testimony
which appear in the record of the trial.
"If reason is to be our guide, and all
the established facts are taken into con-
slderation, there is no escape from the
conclusion that a brutal murder was
committed and that the conviction was
Just"