The Birmingham age-herald., 1908-02-19
GILLETTE MUST
 SUFFER DEATH Murderer of Grace Brown Has
 Now No Hope LAST APPEAL IS FUTILE
In Summing Up Decision of the Court the Judge Affirms the Theory That the Young Man Was
 the Brutal Murderer.

Albany, N. Y, February 1s.-The court of appeals today decided that Chester Gill; lette of Cortland, must die in the cleo tric chair for the murder of his sweet heart, Grace or Billy" Brown of South Otselic, Chenango county, at Big Moose Lake in the Adirondacks on July II, 190s. The court affirms the judgment of con- viction of murder in the first degree and the sentence of death rendered at the ex- traordnary term of the supreme court in Herlimer county.
 Gillette Is now in the death cell at Auburn. The court will soon fix a new date for hls execution
 The opinion of the court reviews the story of the case, and holds that while the conviction was upon circumstantiaI evidence, the counsel for the prosecution made thorough investigation, and pro- duced evidence establishing the fact that the death of Miss Brown was due to q crime and not to an accident
 Courts Decision.
 Taking up the matter of the admissibl- ity of the pathetic letters of Grace Brown to the defendant the court says:
 Aside from the permitted purpose of showing the relations and the thoughts of the deceased toward the defendant we can think of no effect which the letters would have been apt to have with the jury, so far as the latter could be oon- trolled by any ruling of the court except to tend to establish a motive for the com mission by the defendant of the crime which is charged against him. But as we have seen, they might have been ad- mitted with entire propriety for this very purpose, and therefore if the jury con sidered them upon that branch of the peO- ple's case, it did no more than the court should have authorized and directed them to do"
 The unanimous opinion of the court, written by Judge Hiscock, riddles Gill lette's story of the tragedy, to the effect that Grace Brown voluntarily jumped from the boat and was drowned. Judge Hiscock ascriDed Impressive un- naturalness' to the principal features of Gillette's tale He alludes to several points which still further impeach it's truthfulness and declares that "in addi- tion to these deficiencies and improba- bilities in his evidence, there are repeat ed contradictions by a large number of witnesses who apparently had no intent in telling anything but the truth"
 By Gillette's own evidence. viewed by Judge Hiscock. we see Gillette emerg ing from this catastrophe where he made no outcry for help and with apparent composure turning to other purposes, while he left the body of the woman he says he loved better than any one else and intended to marry, lying uncovered and unsought at the bottom of the lake"
 A Pure Girl.
 Grace Brown, the victim, Judge Hiscock describes as having been brought LID in a country home of an apparently simple and wholesome atmosphere" and aside from her relations with Gillette he be- lieves her to have been "a girl of pure character and of unusual intelligence and attraotiveness."
 The Journey of the two, which for her ended in the bottom of Big Moose lake, Judge Hiscock says must have been born of the theory, genuine, of course, to the woman that it would lead to marriage. It could have presented no other reason able or lawful purpose. The time has passed when desire would prompt such d trip for an opportunity for enjoyment. A condition existed from which she could only be delivered in a legitimate way by marriage, and the defendant has testified that at that time he loved the girl and intended to marry her.
 Yet" the opinion goes grimly on, '.every significant step taken by him seems to have led away from this con- summation"
 Judge Hiseock in short accepts as valid the theory of the prosecution that Gillette beat the wretched girl upon the head and face with his tennis racket, tumbled her unconscious body into the lake and fled through the woods to keep his appoint ment with the other girls.