This is an appeal from a judgment of conviction of the crime of murder in the first degree, upon the trial of an indictment found by a Grand Jury of the County of Herkimer, charging the defendant with murdering with malice aforethought, one Grace Brown at the Town of Webb, in the said County on the 11th day of July 1906.

      The indictment is printed in the judgment roll in the record Vol. 1, page 6.

      The Judgment of conviction appears in the record Vol. 1, page 112.

      The Notice of Appeal is in the record Vol. 1, 116.

      The Judgment Roll, preceding the case and exceptions, is printed in the record Vol. 1, page 1 to 117 inclusive.

      On the afternoon of the 12th day of July 1906, the body of a young woman, named Grace Brown, was recovered from the water of South Bay in Big Moose Lake. When the body was brought to the surface, there was blood clotted about the opening of the nostrils and some clotted blood started from her nostrils as the body was taken into a boat. Her lips were swollen with a little blood on them. One stocking was down over her shoe and her hair was partly down over her shoulders. The body laid on the back in the water.

      See Vol. 2, Folios 1320 to 1367.

      There was a bruise on her face.

      Vol. 2, Folios 1377.

      Big Moose Lake, being at a remote point in the North Woods, the coroner, when summoned, reached the lake on the following day, the 13th day of July.

      See Vol. 2,.Fol. 1289.

      The body was brought by an undertaker who accompanied the coroner, to Frankfort, in Herkimer County and the undertaker who removed the body testifies that there was a mark under the left eye on the cheek bone, a dark discoloration; lips were swollen and there was an abrasion of the skin there.

      See Vol. 2, Fol. 1390.

      Drs. S. S. Richards, W. E. Hayes of Frankfort and Drs. A. O. Douglass, Edgar H. Douglas and George H. Smith of the city of Little Falls, performed an autopsy on the body at the undertaker's rooms on the 14th day of July, 1906.

      See Vol. 2, Fol. 3397, Fol. 1703, 1704.

      At Folio 1704, the physician testifies that upon inspection found the body of a female, well nourished, height five feet, one inch; weight about 105 or 110 pounds. The lips were swollen and discolored; tip of the nose presented a like appearance, somewhat flattened. The left cheek or malar bone presented discoloration-The right central incisor or tooth was loose in its socket-found an abrasion of the mucous membrane of the lip-this injury to the lip and teeth and nose bad been inflicted before death. Found on the cheek a black and blue spot with a degree of swelling that had been inflicted before death. Found a point of discoloration on the scalp over the right side, about three inches above the ear. On incision, the injury extended beneath the scalp; the blood vessels were ruptured and hemorrhage had occurred at the point of injury. This injury was so great as to lacerate the blood vessels in the periosteum. Beneath the periosteum the blood had clotted about the size of a dime and the injury had penetrated the skull into the brain matter beneath the skull. The injury had produced a small blood clot about the size of a nickel on the brain and the blood vessels in the brain were ruptured. The physicians testify that this injury occurred before death and was necessarily such as to produce unconsciousness from shock.

      The physicians say that in their opinion, the girl died from shock and concussion resulting from a blow or injury that she received on the head before immersion, and if immersion did occur during life, that the efforts of inspiration were so feeble that symptoms of drowning were lacking and air was not taken into the air passages.

      See Vol. 2, Folios 1703 to 1731.

      Dr. Edgar H. Douglas, another of the physicians called by the people, testified as to the results of the autopsy as follows: It is possible to distinguish the marks or injuries upon a dead body as to whether or not the injuries occurred from mechanical force before or after death. About the head of this person in the nature of wounds and injuries, I find on the left malar or cheek bone was a dark discolored contusion; the left eye was ecchymotic and congested. On the tip of the nose and on both lips were contusions and over the left cheek bone found a contusion, a black and blue spot.

      The injury at the cheek extended through the deeper tissues down to the cheek bone. There was a bruise on the tip of the nose; the cartilage of the nose was depressed; the upper lip showed an abrasion on the outside, and a slight abrasion on the inside. The lower lip showed a contusion, right central incisor or tooth was loosened, corresponding with an abrasion of the lower lip; that injury had occurred before the death of the subject; had been caused by mechanical force exteriorly.

      The conjunctiva of the left eye was injected and ecchymotic. Found that the arteries and veins in the eye had been ruptured; hemorrhage had taken place in the anterior and posterior chambers of the eye and a clot formed. Blood flowed out of these ruptured vessels. It had filled the interior and posterior chambers of the eye and clotted there. This injury was caused before death. If it had occurred after death by striking any object or being struck, no blood would have flowed into the chambers of the eye. Such an injury to the eye during life, would cause the person to become immediately blind, unable to see.

      On the right side of the head, over the parietal bone, was a mark about the size of a five-cent piece; this condition existed also upon the underlying tissues, over the skull with some extravasation of blood between the skull and the scalp. I mean by extravasation of blood that the blood had flowed out of the blood vessels; the blood vessels were ruptured; after opening the skull and removing the skull cap the same points of injuries were found on the inside of the skull.- There was a blood clot on the periosteum corresponding with the outside injury, about as large as a five-cent piece; the effect of a blood clot in that place would be to produce unconsciousness; in the covering of the brain was the extravasation of blood and upon incision a blood clot and hemorrhage was apparent in the brain itself; the blood clot on the brain was about as large as a ten-cent piece.- This injury was caused, in my opinion, by some external violence. Such condition as was found to exist in this body would have produced unconsciousness.

      It would have paralyzed or interfered with the respiratory functions; would have rendered the action of the heart extremely weak and feeble. It would have produced concussion of the brain, and probably did. An injury of that nature is dangerous to life; they were sufficient in themselves to cause death on a living subject. A person suffering from injuries such as I have described on being immersed in the water would breathe very feebly, if at all. The cause of death was primarily concussion followed by compression, syncope, death.

      See Folios 2175 to 2241.

      The doctor further testified that a tennis racket striking a blow on the skull protected by a mass of hair, would produce something of the same results as a blow from a sand bag and leave a small exterior mark but a deep injury of the tissue, such as was found in this case.

      See Vol. 2, Folios 2237 to 2242.

      The other three physicians corroborate this testimony, which conclusively established that this woman before death received blows upon the head which in the ordinary course of medical experience would render her absolutely helpless and unconscious.

      See Vol. 2, pages 633-642.

      See Vol. 2, pages 688-696.

      See Vol. 2, pages 743-751.

      The body was taken from the water at a point 135 ft. from the shore; at the point taken out, the water was 7 7-10 ft. deep on the 22nd day of July, 1906, following the finding of the body. From the point where the body was found, the water shoaled rapidly. Less than sixty feet from where the body was found the water was 4 ft. deep. 75 feet from where the body was found the water was 3 ft. deep. The bottom of the lake was soft mud.

      See Vol. 2, Folios 1481 to 1487.

      The autopsy disclosed that the woman was from three to four months advanced in pregnancy.

      This body at the undertaker's rooms in Frankfort was identified as being that of Miss Grace Brown of South Otselic, Chenango County, New York.

      See Vol. 1, Fol. 1983.

      She was the daughter of Frank Brown of that place and became twenty years of age on March 14th, 1906. For two or three years previous to her death, she had been away from home engaged in work in the Gillette Skirt Factory in the city of Cortland. While at Cortland she had made her home with an elder sister, Mrs. Hawley.

      The defendant, Chester Gillette, was a nephew of the manager of this factory, and at the time these events happened was about twenty-three years old.

      See Vol. 1, Fol. 2046.

      He had been a resident of the western part of the United States and at one time had been at Oberlin University or Preparatory School in Ohio. After that he had for some time been employed as a brakeman on a railroad running out of Chicago. He came to Cortland in the early part of 1905; went to work in the factory where Grace Brown was employed and stayed there until Saturday or Sunday, July 8, 1906.

      Grace Brown and he met in the factory and his calls became frequent at her boarding house and continued to be such until Grace Brown left Cortland in June 1906.

      See Vol. 1, Folio 1090 to 2022.

      On October 16, 1905 the relations between the defendant and Grace Brown were sufficiently advanced to lead to correspondence between them of an affectionate nature.

      See Ex. 6, Vol. 1, page 567.

      See Ex. 7, Vol. 1, page 568.

      See Ex. 8, Vol. 1, page 569.

      The relations continued throughout the winter of 1905. The defendant evidently became embarrassed by his relations with the girl in the spring of 1906 and wrote to her expressing a desire to terminate their relations.

      See Ex. 8, Vol. 1, page 569.

      In the meantime, the defendant had become acquainted with girls of a different class of society.

      See Vol. 1, Fol. 2414 to 2426.

      In the meantime his relatives in the factory who heard of his attentions to the Brown girl had remonstrated with him and he in substance denied the affair.

      See Vol. 1, Evidence of Mrs. Ella Hoag.

      Fol. 2073 to 2077.

      See Vol. 1, Evidence of Albert H. Gross.

      Fol. 2091.

      See Vol. 1, Evidence of Harold R. Gillette

      Fol. 2069.

      The above evidence disclosed that the defendant, Gillette, was, during a part of the years 1905 and 1906, carrying on a secret intrigue with Grace Brown and concealing the knowledge of his relationship with her from his relatives and associates in the factory, while at the same time he was keeping company with other young women who moved in a circle other than the one in which Grace Brown moved and was known.

      At some time during the spring of 1906 it is disclosed that Miss Brown became aware of her condition and charged the defendant with responsibility for it and this responsibility he seemed to admit.

      The correspondence or part of it, passing between the parties shows the relationship they bore to one another and their respective attitudes.

      See Vol. 1, pages 570 to 603.

      On the 18th of June, 1906, because of her condition evidently, the girl left Cortland and returned to her home to await the coming of the defendant and the greater part of this correspondence occurred between the 18th of June and the 8th of July and in this it is plainly revealed that the defendant undertook to care for the girl in some manner which was undisclosed to her.

      The entire relationship between the defendant and the deceased seems to have existed and been carried on at her boarding house. So far as the evidence discloses from the examination of many persons who knew them both, he was seen in her company outside of her boarding house only on one occasion.

      The deceased had left Cortland on the 21st of June as above stated. On one evening as the witness said "near the middle of June" he thinks between the 15th and the 20th, the defendant drove with deceased in the night to a hotel on the shore of Little York lake, a resort about six miles from the city of Cortland. The hotel was lighted and there were street cars running between this point and Cortland but this defendant and the deceased girl drove past the hotel in a carriage and drove to the barn.

      The defendant asked for a round bottomed boat and on being unable to secure one took a flat bottomed boat and went on the lake about nine o'clock in the evening. In less than an hour the defendant came back to the barn and called for his horse which the proprietor furnished him and then observed that the deceased was crying. There was scarcely any conversation between the defendant and deceased.

      See Vol. 1, Evidence of Albert B. Raymond,

      Fol. 2103 to 2119.

      Whether or not the defendant on this occasion had in mind disposing of the girl through the instrumentality of a boat and a lake, the people cannot say, but it is sufficiently remarkable as the only occasion discovered when the defendant was in her company outside of her boarding house, to call attention to the act.

      The inquiry for an easy rowing boat with a round bottom might have been entirely natural of course, but in view of subsequent events the people claim that the occurences of that night may have bearing as showing the origin of a careful plan which the people claim and the jury found the defendant subsequently carried out.

      Within a day or two after this trip, the decease returned, as before said, to her father's house to await the arrival of the defendant prepared to accept the responsibility for her condition.

      With these facts in mind, and examination of the correspondence passing between them, the people contend, establishes the following propositions:

      First :-That the defendant promised to come for her, to care for her and make her his wife.

      Second :-That she should not disclose to any one the fact that he was coming for her and that they were to go away permanently or be married.

      Third :-That she must meet him at some point where her friends and relatives would not know the name or he able to recognize the man who went away with her.

      No other reasonable explanation of the various statements passing between the defendant and the deceased, can be made. The correspondence further shows and establishes beyond all doubt that the defendant was reluctant to meet this obligation and that the deceased on the other hand was earnest and determined that he must or that otherwise she would return to Cortland prepared to seek redress for what she considered her injuries.

      It is equally plain from the examination of the testimony in this respect that this latter was a situation which the defendant was earnest to prevent. It is made very plain by the preliminary evidence that with this incumbrance out of his life the situation of the defendant with his relatives in the manufacturing business and social friends whom he had met and made, was far more favorable to him than any he had previously enjoyed.

      After a year's residence in Cortland he had made social acquaintances and friendships which were very favorable indeed and had reached a situation where the disclosure of his relationship with this girl must necessarily have been to him, in his view, attended with the most disastrous results.

      The defendant had a room in Cortland where he lodged which was partially furnished by him, as permanent lodging rooms usually are.

      It was finally fixed by correspondence or other message that the deceased and the defendant were to meet and go away together on Sunday the 8th of July, 1906. About Saturday, the 7th of July, this defendant left Cortland taking with him a dress suit case containing a few articles of extra clothing, a camera and its tripod; a tennis racket in its case.

      He did not give up this room but kept it rented.

      See Vol. 1, Fol. 2184 to 2193.

      At the factory, he told various persons that he was going on a vacation for a week.

      See Vol. 1, Fol. 2097

      Vol. 1, Fol. 2079.

      Vol. 1, Fol. 2068.

      Vol. 1, Fol. 2069.

      Vol. 1, Fol. 2048.

      The defendant had carefully and for a considerable period stated to the deceased that he would come about this date, take her away and care for her, yet his entire actions show that he did not propose so doing.

      He left his belongings at Cortland except such as would suffice for a week's vacation, arranged for a week's absence from the factory and actually had with him on his departure about $25.00

      See Vol. 1, Fol. 2048 to 2058.

      Vol. 1, Fol. 2079 to 2081.

      Ex. 4, page 687, Vol. III.

      Vol. II, Fol. 723 to 726.

      The correspondence reveals that the deceased had urged him to come to her home to plan their future and that he had refused: nevertheless under these circumstances he did make arrangements to meet her at a point distant from her family and with the expressed purpose of departing thence with her to some point not disclosed to her; leading her to believe that their departure was for the purpose of marriage.

      See Correspondence and Fol. 730 to 737, Vol. II.

      From these facts and many others in the record, the conclusion is irresistible that the defendant did not purpose to marry this woman but that the arrangement to meet her at DeRuyter station was for some other purpose than with the intent on his part to make her his wife and return with her as such.

      Their relations had reached such a point that neither party went to this meeting for the purpose of pleasure.

      There can be no question that he was urged to the meeting for the purpose of preventing her return to Cortland, which he knew would follow his failure to appear.

      During the time the young woman was at her home from the middle of June to July 8th, she was engaged in making or having made, various articles of wearing apparel with the idea the people contend of marriage as she expressed in her correspondence with defendant and with his knowledge.

      See Correspondence Vol. 1, Fol. 2234 to 2238

      Exhibits No. 2.

      On Sunday, the 8th of July, the girl's father carried her to the house of a friend in the village of South Otselic.

      See Vol. 1, Fol. 1917 to 1984.

      On Monday morning July 9, 1906, the young woman took the stage from South Otselic to the village of DeRuyter; at which point she reached the railroad running from the city of Cortland to Canastota where the defendant had arranged to meet her.

      See Vol. 1, Fol. 2242 to 2243.

      The defendant left the city of Cortland on the train leaving there Sunday evening, July 8, 1906.

      See Vol. III, Fol. 26 and 27.

      He next appeared at the livery stable of John Coye at the Village of DeRuyter between 8:30 and 9 o'clock of that day. He wanted to hire a livery rig and Hubert Whaley the barn man took him to the proprietor, John Coye. He told Whaley that he wanted a horse to go to South Otselic.

      See Vol. III. Fol. 1585 to 1592.

      The witness John Coye, proprietor of the Taber House, DeRuyter, says that the defendant come into the hotel with Whaley the barn man, between 8:30 and 9:00 o'clock and asked for a horse to drive to South Otselic; was told by the proprietor that his horses had all been out that day and he did not have any to let. He then went out to the door; went through the hall and office; and went out into the hall and that he did not see him about the house again that evening.

      See Vol. III. Fol. 1527 to 1531.

      He did not register at the hotel at that time.

      See Vol. III, Fol. 1536.

      Mrs. Coye, the hotel proprietor's wife testifies that she saw him that night about 8:30 come into the hotel with a suit case and a tennis racket on the side of it and saw him go through the hall to the office but did not see him again that night.

      See Vol. I, Fol. 2469.

      After being refused the horse, it is not disclosed where the defendant spent the time until he returned to the hotel at about 11 o'clock when the office was in charge of Ralph S. Weaver, the clerk. He then asked for a room and registered. He registered under the name of Charles George, N. Y. The clerk took him to his room.

      See Vol. I, Fol. 2461 to 2467.

      He was next seen at breakfast in the hotel at about eight o'clock, July 9th, 1906. After breakfast he retired to his room in the hotel. About 9:30 that morning, the deceased came to the hotel and at about ten o'clock the defendant and the deceased were engaged in conversation together in the sitting room at the Taber House.

      Neither of them took a conveyance from the hotel to the Railroad station at DeRuyter.

      See Vol. I, Fol. 2469 to 2483.

      The defendant made his way from the Taber house to the station alone.

      See Vol. I, Fol. 2483 to 2493.

      The train was late that morning at the depot in DeRuyter. The defendant concealed himself about the depot until the train was moving out of the station, when he got aboard the last car.

      See Vol. I, Fol. 2493 to 2495.

      See Vol. I, Fol. 2502 to 2506.

      During this period of waiting, Grace Brown was alone in the waiting room of the station.

      See Vol. I, Fol. last cited.

      From these acts but one inference can be drawn and that is that the defendant was concealing himself from view and concealing his true name so that it might not be made known that Chester Gillette had been at DeRuyter, and it cannot be doubted that at that time he understood and appreciated that something was to occur in the course of this journey that would make it necessary that he remain unidentified and unnamed as accompanying Miss Brown.

      Both the deceased and the defendant, although separately, boarded the train at DeRuyter going north to Canastota. On this train were two young ladies from Cortland starting on a journey to the Fulton Chain of lakes in Herkimer County. These young ladies were acquaintances and friends of the defendant and soon after the train left DeRuyter he came to their seats in the car and stayed there until the train reached Canastota.

      The deceased evidently at that time occupied some other part of the train. To these young ladies the defendant stated that he got on the train at DeRuyter; that he had come there to meet a young man and that the young man had gone and he was proceeding to Canastota to meet this young man and accompany him to the North Woods.

      He said that this young man had an uncle on Racket Lake and a camp there and he thought he would have a better time if he met the young man and went with him.

      See Vol. 1, Fol. 2510 to 2514.

      He said he was going to Racket Lake camping with his friend; going to stay about a week. The young ladies told him the name of the camp at which they were to stop at Fulton Chain. The defendant then said he might be down at Seventh Lake the last of the week and if he was, he would call Thursday or Friday. He said to them if he was not there by Thursday or Friday he would not be there at all. The appointment was fairly made between the young ladies and the defendant to meet on the Fulton Chain of lakes on Thursday or Friday of that week.

      See Vol. 1, Fol. 2535 to 2539.

      See Vol. 1, Fol. 2514 to 2515.

      The Fulton Chain of lakes commences at Old Forge in Herkimer County with what is known as First Lake; proceeding, one comes to Second Lake, Third Lake, Fourth Lake, Fifth Lake, Sixth Lake, Seventh Lake and Eighth Lake lying in a chain. From Eighth Lake the next lake of importance is Racket Lake occupying the same natural depression and having more or less complete water communication by guide boat from Old Forge to Racket Lake.

      Proceeding northerly from Utica on the railroad, the Chain is reached at the railroad station at Old Forge. To the north of the Fulton Chain a branch of the road runs from Clearwater to Racket Lake and this again touches the lower chain of lakes at a station called Eagle Bay on Fourth Lake.

      Proceeding again northerly from Old Forge on the main line, one comes to the station known as Big Moose, near which lies Big Moose Lake. The distance by rail from Utica to Old Forge is about 52 miles. Proceeding thence by rail, the distance to Big Moose station is about 16 miles. From Big Moose station it is upwards of 50 miles still further north on the main line of Railroad to the Village of Tupper Lake. At Old Forge, passengers leave the railroad for the various points on the Fulton Chain; and also passengers for the upper part of the Fulton Chain proceed by rail to Clearwater and then take the Racket Lake branch to Eagle Bay on Fourth Lake or proceed further to Racket Lake.

      In the conversation between the defendant and the two young ladies, Patrick and Wescott, they disclosed to him that they intended to proceed by rail to Eagle Bay and then to proceed to Seventh Lake where they were to stop in a camp or summer cottage.

      The New York Central & Hudson River R. R. as a part of its summer time tables, publishes complete maps of the lake region with instructions and time tables.

      The defendant on this trip had with him several of these maps. They are in evidence as Exhibits and are numbered 70, 71, 72.

      The entire country above referred to is covered with forests, penetrated only by the railroad and lines of water communication. As a fact, highways are wanting and are for the most part, mere trails through the woods. One of these so-called highways, is a wood road leading from Big Moose Lake to Eagle Bay, on Fourth Lake of the Fulton Chain. By taking this wood road one can make the trip from Big Moose Lake to the Fulton Chain of Lakes in about six or seven miles of travel through the forest. This road was exhibited on the maps that the defendant had with him. Aside from this road the only method of passage from the Fourth Lake of the Fulton Chain in the Big Moose country is by a round about railroad route, or rail and water route of more than thirty miles.

      An examination of the ordinary Adirondack map will reveal the respective locations of these points.

      At Canastota, the young ladies proceeded on their way and the defendant and the deceased next appeared at the Hotel Martin in Utica on Monday evening. The defendant there signed a name to the register "Charles Gordon & wife, N. Y." and asked for a room; here the two remained that night.

      See Vol. 1, Fol. 2547

      See Vol., Fol. 2528.

      The defendant had purchased a 500 mile mileage book at Canastota.

      See Vol. I, Fol. 2546

      Some time the following morning the defendant left the Hotel Martin without paying the hotel bill.

      See Vol. II, Fol. 1 to 4

      At Utica, that morning, the defendant went to the laundry and left a package of clothing to be washed and directed the laundryman to forward the package when done to Chester Gillette, Old Forge, N. Y. Thus it is clearly demonstrated that at that time, the defendant had in mind to appear at Old Forge within a few days under his proper name. It should be remembered that Old

     Forge was one of the two points of departure from the railroad train for the point where the two young ladies from Cortland were stopping on Seventh Lake.

      See Vol. II, Fol. 5 to 11.

      After leaving the laundry package to be forwarded to Chester Gillette at Old Forge, the defendant and the deceased took the train on the Mohawk & Malone Railroad out of Utica going north. They were observed on this train as it passed between Old Forge and Big Moose on Tuesday the 10th of July, 1906.

      See Vol. II, Fol. 30-31

      They reached Tupper Lake in Franklin County at 5:05 P. M. A trunk which the deceased had brought with her from home was discharged from this train at Tupper Lake, showing that when the defendant heft Utica their baggage was checked through to Tupper Lake.

      Thus it appears beyond question that at about the same hour when the defendant meditated appearing at Old Forge some time during the week as Chester Gillette and appearing at Seventh Lake as Chester Gillette to keep his appointment with the two young ladies from Cortland, he also intended to be at Tupper Lake on the night of the 10th under the name of Charles George and wife, New York, N. Y., by which name he registered at the hotel at which they stopped at Tupper Lake village.

      See Vol. II, Fol. 30 to 47.

      In view of these facts and others established at the trial, the people contend that there can be no escape from the conclusion that the defendant intended to rid himself of the deceased between that Tuesday morning and the Thursday or Friday following.


[Respondent's points continued next page.]

Page 15

     

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