Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-02-19
Court Of Appeals Decides
Against Gillette.
Convicted Of Murder Of Sweet
heart, Grace Brown.
Opinion BY Judge HIseoek. Eek.
ecutIon Date to Be Sci.

Albany, N. Y, Feb. 1S.-Chester Gil
lette of Cortland, must die in the elec-
trio chair for the murder of his sweet
heart Grace or BILLY" Brown of South
Otselic in lonely part of Big Moose
lake i'll the Adirondacks at dusk July
IL. 1906. The court Of appeals this at
ternoon handed down a decision sus-
tanning the judgment Of conviction Of
murder in the first degree. y.
The court will soon fix a new date
for the execution of the death sentence
from which Gillette can be saved now
only by the supreme court Of the Unit
ed States or the clemency Of Gov.
Hughes.
The unanimous opinion {of the court,
written by Judge Hiscock reviewed
Gillette's story of the tragedy, to the
effect that Grace Brown voluntarily
jumped from the boat and was drown
ed. Judge Hiscock ascribes impress
sive unnaturalness" to the principal
features of Gillette's tale. He alludes
to several points which still further
impeach it's truthfulness and declares
that I'm addition to these deficiencies
and improbabilities in his evidence
there are repeated contradictions by
large number of witnesses who ap-
parently had no interest in telling any,
thing but the truth"
by Gillette's own evidence" says
Judge Hiscock, I'VE see Gillette emcrg-
ing from this catastrophe, where he
made no outcry for help, and with ap-
parent composure turning to other pur-
suits. while he left the body Of the
woman he says he loved better than
any one else and intended to marry
lying unrecovered and unsought at the
bottom Of the lake." wv.
Grace Brown, the victim. Judge His
cock describes as having been brought
up in a country home of all apparently
simple and wholesome atmosphere.
and aside from her relations with Gill
lette he believes her to have been "A
good girl of pure character and of un-
usual intelligence and attractiveness."
Gillette" he says further. WAS
possessed of education. Of previous
good character and he had had con-
siderable experience in the world.
Judge Hiscock recites the facts Of the
acquaintance between Gillette and the
girl; their working together in the fac
tory Of the defendants uncle at Cort-
Adta, ZIG SNauStiOsA "a SuC- GIL GAAAA hkCk
increasingly embarrassing condition
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, on the part of the woman. that
1t would lead to marriage. 1t could
have presented no other reasonable or
lawful purpose. The time had passed
when desire would prompt such a trip
as the cover or opportunity for more
illicit enjoyment. A condition existed
which only could be relieved In a
legitimate way by marriage and the
defendant has certified at that the time
he loved the deceased and intended to
marry her. ,.--
Yet" the opinion declares, every
significant step taken by him seems to
have led away from this consumma-
ton 4l-s
A pointing to the elaborate pains
which Gillette took to conceal hfs
identity, even while planning to ex-
pose hers and his admitted engage
ment. made during that very trip. to
meet other young ladies later In the
week at another place, the Judge at
tributes much force to the contention
of the prosecution that Already he
must have planned to rid himself Of
his er1barrassments." III.
Judge Hiscock in short accepts as
valid the theory of the prosecution
that Gillette beat the wrctched siri
upon the head and face with his ten
mis- racquet. tumbled her unconscious
body into the lake and fletl through
the woods to keep his appointment
with the other girls. 1aj- s.,-.
I'VE are mindful at every step that
this is a case Of circumstantial evil
dence and that the only eye witness
denies that death was the re-
suit of crime But in obedience to tho
most exacting requirements of that
manner of proof the counsel for the
people with very unusual thorough
ness and ability has investigated End
presented evidence Of great number
of circumstates with the purpose of
truly solving the question Of the de-
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