The morning journal-courier., 1908-03-30
Hughes Refuses to Interfere and the Condemned Pris- oner Goes to the
 Chair.
NEW EVIDENCE UNTEMABLE
Governor Finds No Cause for Delay- ing Judgment-Youth Hears Decision With Calm In-
 difference.

 reprieve for Chester Gillette. and no act of the governor which cannot be foreseen will interfere with Gillette's execution at Auburn prison probably tomorrow morning for the murder of his sweetheart, Grace or Billy Brown, of South Otselic, Chenango county, Moose Lake. in the Adiron- dacks, on July II, 1908.
 The governor dismisses the theory based on the alleged new evidence presented by John H. Dugan of Al bany who appeared for the Gillette family before the governor as ''whol- ly untenahle" and declares that If reason is to be our guide and all the established facts are taken into con sideration, there is no escape from the conclusion that a brutal murder was committed and that the conviction was just"
 The memorandum of Governor Hughes in the case is as follows:
 Tn the matter of the application for a reprieve of Chester Gillette.
 "On December 4. 1908, Chester Gill 1ette was convicted of the murder of Grace Brown on July II, of that year. On February IS. 1908, the court of appeals unanimously affirmed the judgment and he was then sentenced to suffer the death penalty during the week beginning March 30 Upon ap- plication for executive clemency. and after a careful examination of the ev- idence I reached the conclusion that there was no ground upon which I should be justified in interfering with the execution of the judgment of the court.
 "A reprieve is now asked in order that proceedings may be taken to ob- tain new trial upon the ground of alleged newly discovered evidence.
 Tt is the privilege and the duty of the executive to grant rcprieve whenever the interests of justice re- quire it, But where the petition is based upon the claim that evidence has been newly discovered and the character of the evidence Is clearly disclosed, the executive should not in- terfere with the sentence unless he is
 
 the application for new trial should be made and heard. Whatever his power, the governor, has no right to grant reprieves unless he can assign good cause and if the administration of the law is to be respected, petitions made at the eleventh hour must show merit. 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 iden- tifcation. This however, is of no inn portance. By his conduct both be- fore 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.
 "The other evidence before me, SO far as it is at all credible, Is to the ef- feet that Grace Brown during the year preceding he~ death had 'spasms' or spells from time to time in which she became unconscious. These are de- scribed by those who knew her in the factory at Cortland. It is testified that this was a matter of common knowledge among the girls who work ed with Grace Brown and two of the 4 witnesses say that they believe that all the 75 girls who worked on the same floor saw Grace Brown have these spasms some of the times It is evident that the facts as to the phys- cal condition of Grace Brown and as to these alleged manifestations, as- suming the truth of the present state- ments. were easily procurable and that any inferencas to be drawn therefrom have at all times been available.
 "The theory of the defense at the trial was that Grace Brown commit ted suicide.
 "The theory now advanced is that Grace Brown was an epileptic subject ard that if she had an epileptic seizure 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 as dis closed by the autopsy might be ac- counted for.
 -r5ut this theory is wholly untenable It is conclusivelv- disposed of by the statements conduct and testimony oi Chester Gillette himself If it be as stunned that there was such a seizure and fall as might be deemed to ac- count for the condition of the body il is inconceiva ole that they should have escaped the observation of the prison CT: and if he had observed anything o the sort it is inconeeivable that ht should have made the statements anC have given the testimony which appear in the record of the trial.
 "No view of the unhappy event i adequate which fails to take aecoun of the proved facts the events preced ing Grace Browns death. the condition of the body and the character of it injuries the overturned boat witl Grace Browns cape on top of it, tn disposition of the tennis racquet tn conduct of the p,secS'T previous to tn
 Continued on Third Page.)