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People v Gillette. Points of Counsel | |
| Appellant's Point XI | |
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On the question of the merits there is a fair and reasonable defense contained in the evidence.
The proof against the defendant is wholly circumstantial. The defendant gives a full and detailed statement which is in effect that the girl in her desperation jumped into the lake and committed suicide. That proposition is well corroborated. It is plainly shown by the letters of the girl and by her repeated statements made at Cortland to her associates, that, in view of her approaching shame and exposure, she contemplated and even threatened suicide. Each one of the physicians under cross examination were obliged to admit that they discovered in their post mortem examination some nine or ten different indications of death by drowning. Indications that the girl went into the water not only conscious but active, and her death was that of a drowning person. We say that it plainly appears, especially from the cross examination, that the doctors were determined not to assent to or describe any condition at variance with the theory of the prosecution, hut each of them was obliged to do so before his testimony was finished. It is respectfully submitted that the defense, if it had received a fair and reasonable treatment, presents to any mind, not inspired by prejudice, at least a clear reasonable doubt. The complaint of the defendant is that he did not, as he ought to have done, receive the benefit of his defense and its legitimate effect upon the verdict. | |
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 The Historical Society of the Courts of the State of New York
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