New-York tribune., 1908-03-30
NO GILLETTE REPRIEVE
DENIED BY GOV. HUGHES.
ETccuti0n U'W Take Place at Au-
burn Prison T'O-doY.


nounced tonight that he had denied the appli-
cation for reprieve for Chester Gillette, and no
act OF the Governor that can 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. It
Big Moose Lake. in the Adirondacks. on July IL
1906
The Governor disn1isses the theory based on
the alleged evidence presented by John Il.
Dugan. of Albany who appeared for the Gil
lette family before the Governor. as wholly
untena bIe." ard declares that 'if reason is 70
be our guide and all the established facts are
taken into consideration. there is no escape from
the conclusion that a brutal murder was COM
mitted and that the conviction just
The memorandum Of Governor Hughes in the
case is follows.
In the matter OF the application for a reprieve
Of Chester Gillette.
On December : 1895 Chester Gillette was
victed Of the murder of Grace Brown July II
of that year On February IS. 1905 the Court Of
Appeals unanimously affirmed the Judgment. and
he was then sentenced suffer the death penalty
during the week beginning March 50. Upon appli-
cation for executive clerlency. and after a
full examination of the evidence. reached the con-
cluSion that there ground upon which l
should be justified in interfering with the execu-
ton Of the Judgment of the court.
Tepreve is now asked in order that proceedings
may be taken 20 obtain a trial upon the
ground OF alleged newly discovered evidence
1t is the privilege and the duty of the executive
10 grant reprieve whenever the interests of jus
tiCe require it But where the petition is based
upon the claim that evidence has been newly dis
covered and the character of the evidence is clear
ly disclosed the executive should interfere
with the sentence unless he is satisfied that the
case is in which application for a
trial should be made and heard. Whatever his
power. the Governor has right to grant re-
prieves unless he assign good cause. and Il
the administration of the law is to be respected
petitions made AT the eleventh hour must show
merit | find none in the present
a portion of the alleged newly discovered evi
dence is to the effect that Gillette had torn the
ribbon band from his 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 lat
ter was found floating Big Moose Lake, that it
had been taken out to avoid Identification. This.
however, is of no Importance. BY his conduct
both before and after the fatal event il is con-
clusively 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 fer as it is
at all credible is to the effect that Grace Brown
during the year preceding her death had "spasms'
or spells from time to time in which she be
came unconscious. These are described by those
who knew her in the factory at Cortland. II is
testified that this was matter of common knowi-
Brown. There were seventy-fve girls where she
worked. and TWO of the witnesses say that they
believe that al these girls saw Grace Brown have
these "spasns of the times II is evident
that the fact $ the physical condition OF Grace
Brown and as these alleged manifestations as
Stunning the truth Of the present statements, were
easily procurable and that any inferences TO he
drawn thercfrom have a. el times been available.
The theory Of the defence the trial that
Grace Brown committed suicide.
The theory advanced Is that Grace Brown
was an epilaptic subject, and that II she had
epieptic seizure III the boat the fatal day, and
If during tile attack she sustained the various in
nries found and fell into the water. the condition
OF her body disclosed by the autopsy might be
accounted for.
But this theory is wholly untenahle 1t is con-
clusivey disposed Of by the statements. conduct
and testimony Of Chester Gillette himself. If it he
assumed that there was such a seizure and faIl
as might e deemed to account for the condition
of the body it is inconceivable that they should
have escaped the observation Of the prisoner; and
if observed anything of the sort it is inCon-
ceiva be that he should have made the statements
and have ei-en the testimony which appear in the
record Of the trial
No view IF the unhappy event is adequate which
fails to take account of the proved facts-the
events preceding Grace Browns death. the Condi-
ton of hody and tho character of It's injuries,
the overturned boat with Grace Browns cape on
top it. the disposition of the tennis racket. the
conduct of prisoner previous to the tragedy
subseauentlv, and the manner in which he sought
10 explain IT when defending his life.
If reason is 10 be guide, and all the estab-
lisled facts taken into consideration there is
no escape from the conclusion that brutal murder
was committed and that the conviction was just.
After examining the evidence presented. I
h-d nothing ii which In any way refute this
conclusion or which furnishes any justification for
executive action
NIr Dugan ha- nothing 10 say tonight except
that that the Governor had denied the ap-
plicaton for respite there nothing further
be done
It learned that Mr. Dugan had requested
that the execution be deferred until Wednesday,
that he might have an opportunity to go be
fore Supreme Court justice with the evidence
he presented the Governor in support OF
motion for a new trial He was Informed that
the Governor having acted on his application
and there being further evidence to pre-
sent there was nothing more for the Governor
act
EVERYTHING READY FOR EXECUTION.
Auburn. y Y. March Chichester Gillette will be
executed in the electric chair tomorrow morning at