On the same morning, he inquired as to the post office, said he expected some mail either at Eagle Bay or Old Forge and wanted to know how to secure it.

      Vol. II, Folio 493.

      On being informed, he went to the nearby post office and addressed a postal card to the postmaster at Eagle Bay, requesting the letter with the $5.00, expected by him at Eagle Bay, to be forwarded to the Arrowhead, although the two post officers were in sight of each other and the defendant was killing time by taking long journeys about the lakes in a boat and in the woods.

      He evidently thought to cover his tracks more securely by not appearing at Eagle Bay, where he was more likely to meet some person from Big Moose, who had seen him at the Glenmore, or who might be searching for the companion of Grace Brown.

      Vol. II, Folios 514 to 538.

      On Friday also, he took steps to secure the package of laundry which on Monday morning at Utica he had directed to be forwarded to Chester Gillette at Old Forge,--he wrote his name upon a paper and gave it to the mail boat captain, asking him to call for the package at Old Forge and bring it up the lake.

      Vol. II, Folios 18 to 20.

      Having made these arrangements for his future comfort and enjoyment of the situation, the defendant spent Thursday and Friday in full enjoyment of the situation, taking care to identify himself and to leave his signature or initials plentifully about the neighborhood, i. e., not only at Arrowhead on Wednesday night, the day of the tragedy, but also at Seventh Lake on Thursday, the 12th, and on the top of Black Bear mountain on Friday, the 13th.

      Thursday he spent in rowing and making photographs on Black Bear mountain.

      Vol. II, Folios 554-572.

      At the Seventh Lake House he told the proprietor that he was looking for some friends on Seventh lake.

      Vol. II, Folio 567.

      Thursday evening he spent visiting with other guests in the hotel parlor.

      Vol. II, Folio 482.

      On this night he became acquainted with a party of guests, who were preparing to make a trip to the mountains on the following day, and the next morning he joined these people on their expedition and had a merry time taking photographs, carving his and their initials and date on the rocky mountain top and cooking beef steak etc. for dinner in the woods.

      Vol. II, Folios 579-595.

      Friday evening he spent with this party in song and conversation on the hotel veranda,--he joined in the songs at times.

      Vol. II, Folio 489; Vol. II, Folio 494.

      To these people the defendant disclosed fully and with great particularity who he was, his business and residence, fully identifying himself to these and other people about the hotel.

      Vol. II, Folio 592.

      That he came from the West, was connected with Gillette Skirt Co., of Cortland, etc.

      Vol. II, Folios 573-576.

      On Friday night, the report of an alleged drowning at Big Moose reaching Arrowhead, he joined in a conversation with some guests in relation to the drowning (so-called) at Big Moose lake, and either made or answered inquiries about the matter as a stranger to it.

      Vol. II, Folio 596.

      About six o'clock on Friday night, the defendant appeared at the post office near the hotel at Inlet (Inlet being the post office of the Arrowhead Hotel.)

      Edward E. Whitford, a teacher in the College of the City of New York, who was then tenting on Seventh lake, came to the Inlet post office and called for mail for parties on Seventh lake. The defendant accosted him and asked him if he knew Miss Josephine Patrick. Whitford said he did. The defendant asked where she was, and Whitford told him that she was at the lake. The defendant then began a conversation with Whitford and told him that he had been about the place and what he been doing and about his trip up Black Bear mountain Thursday. Mr. Whitford said to him that the girls that he was inquiring about had been up on Black Bear mountain on Thursday also, and that the defendant should have met them. The defendant said, he thought that he saw them there on that day, but was not certain. Soon after the talk between Whitford and the defendant at the post office, the Misses Patrick and Westcott came to the Inlet post office from the camp on Seventh lake; and one of them, Miss Westcott, soon met Mr. Gillette. She talked with him a few minutes and called Miss Patrick. Miss Westcott asked him if his friend was still at Racquette lake, and he answered that he had left his friend at Racquette lake on Wednesday and came to Fourth Lake on Wednesday night. She said to him further, "We looked for you on Thursday. I thought perhaps you and your friend would be down through the lakes in a guide boat." The defendant answered that he had come to Inlet on Wednesday, had been on Seventh Lake Thursday, went up Black Bear Mountain, had dinner at the Seventh Lake House, went up to Eighth Lake and took some pictures. He asked her if the camp where she was stopping was next to Barbour's and, on being told that it was, said "he thought he saw them out when he came back, but he was not positive; I asked him why he didn't stop; he said there were a number there; he thought he would not." He further told her that he had been to Black Bear Mountain on Friday in company with two ministers. They had beef steak for their lunch, broiled it over the coals on the mountain, having built a fire there. He further stated that he expected to go home the last of the week, but he was not certain. He said he had written home for money, and he probably would go when that came. He accompanied these girls part way on their journey back to Seventh Lake and made arrangements to go up to their camp and spend the next day, Saturday, with them and made an appointment to meet them at the lower end of Sixth Lake at nine o'clock in the morning. One of the girls said to him, "Chester, you look burned from the sun." He said, "I made two trips to Black Bear Mountain; I went once Thursday and again today."

      Vol. II, Folios 599 to 643.

      It was very difficult to secure from the two young ladies, Patrick and Westcott, a statement of the full conversation had between them and the defendant, as will appear from an examination of the record above cited. The father of the Patrick girl was a witness for the defendant as to character; and the girl herself and the defendant were somewhat intimate friends, as shown by the early evidence in the case; but enough was obtained to establish clearly that the defendant had come to Arrowhead for the purpose of meeting them and, throughout all his journey from the Monday morning when he had the talk with them on the train, had taken steps to reach their neighborhood alone; and that his plans had been carried out in full. His engagement to meet these girls at Seventh Lake on Saturday morning at nine o'clock was not kept for the reason that he was identified as the person who left the Glenmore Hotel with Grace Brown at about eight o'clock on Saturday morning and before he started for Seventh Lake.

      Vol. II, Folio 644.

      During this period, the people at Big Moose were still dragging the lake for the body of Grace Brown's companion, who was thought to be in the water; but information of the girl's death having reached her father, the authorities of Herkimer County came into possession of the postal card which Chester Gillette had mailed on the train on leaving Tupper Lake and, by means of the peculiar post office mark, were enabled to locate the point at which it had been mailed. This led them, without visiting Big Moose Lake, to visit Eagle Bay; and at Eagle Bay post office, they discovered the postal card which the defendant had mailed from Arrowhead to the postmaster at Eagle Bay. These circumstances led to the conclusion that the defendant was the companion of Grace Brown and that he had come with her from Tupper Lake to Big Moose and thence across to Eagle Bay and led the district attorney and sheriff to the spot where Gillette was staying at a time when the people of Big Moose still thought the girl's companion was in the lake. The object of reaching Gillette at this time was, of course, to require of him some explanation of his actions, as the idea of deliberate murder was not entertained until the autopsy, which had not yet been held, disclosed the condition of the body. The defendant evidently had not anticipated being so promptly identified as the companion of Grace Brown and had not formulated a statement or explanation of his part in the transaction. As he came from breakfast at the Arrowhead, he was met by the sheriff, the district attorney and a man from Cortland, an acquaintance of his, named Gross. Gross had seen the account in the newspapers of the recovery of the body of Grace Brown from Big Moose Lake and the statement made therein that her companion was also drowned. From the receipt of the card at the factory and other circumstances, Gross concluded that her companion was Gillette and was going to the woods to search for his body with the card in his possession when met by the district attorney and sheriff and taken with them to identify Gillette. Gross said to the defendant, "Chester, do you know that Billy is drowned?" Gillette said, "No; Is that so?" Gross said, "I thought that you were under the water. Don't you know that she is drowned over here in the lake?" Gillette said, "My God, no; Is that so?" Gross then said to him, "Where were you Wednesday night?" Gillette answered, "I came here." He was then asked, "Where were you Tuesday night?" He answered, "I was at a camp near Racquette Lake." On being further questioned, he became confused; and the sheriff told him that he must come with him, to which he said, "All right." He asked Gross to pay his hotel bill saying that he didn't have the money to pay it.

      Vol. II, Folios 646 to 650.

      On being taken into custody by the sheriff, the defendant was informed both by the district attorney and sheriff that he need answer no questions and that anything he did say would be used against him.

      Vol. II, Folio 675-676.

      The sheriff, on taking the defendant to his room for his clothing said to him, "What are you talking about; you know this girl is drowned as well as I; what did you do this for?" He answered that the boat upset, that it was an accident. The sheriff asked him if he couldn't have saved the girl. And he answered, "He couldn't; he was afraid that if she got hold of him they would both drown."

      Vol. II, Folio 650-655-656.

      Later the district attorney said to him, "How did you save the dress suit case and lose the girl?" In reply the defendant said, "I decline to answer."

      Vol. II, Folios 678-679.

      Later, in a room at the Old Forge Hotel, the district attorney again asked him how it came that the dress suit case didn't get wet. He then said that he and the girl had been ashore reading and had gone out on the lake in the boat a second time to get some pond lilies, leaving the suit case on the shore, and that as he and she got out on the lake and were picking lilies the boat tipped over.

      Vol. II, Folios 700 to 704.

      Thus it appears that on first being questioned as to the suit case he had no explanation to make of its absolutely dry condition and declined to make any explanation; but after waiting some hours, on being again questioned, he makes the statement above quoted, that the condition of the suit case was to be explained by the fact that it was on the shore when the alleged accident to the boat took place. We respectfully submit that if this was the truth, such explanation of the condition of the dress suit case would have been promptly made by him on the first inquiry, and that instead of declining to make such explanation when first inquired of the defendant would have been quick to disclose the fact. Of course, if when this inquiry as to the dress suit case was made of him, the defendant was adopting a policy of silence as to all that occurred his declining to answer this question would have been a part of his general plan of silence at that time; but this was not the fact. He was at that very time attempting to explain what happened on the lake as an accidental over-turning of the boat and the reason why he had not saved the girl, so that his declining to make an explanation of the saving of the suit case was not part of his plan of action at that time; but the question coming to him suddenly, without previous preparation, he had not yet thought of the matter, and the explanation of its being on shore was decided upon by him and answered when again questioned about it two or three hours later. Evidently the necessity of explaining the condition of the suit case and its rescue by him, while abandoning the girl, according to his own theory of an accidental upsetting of the boat, had not appealed to him.

      The tennis racket not being discovered with his other luggage, the defendant was then asked as to its whereabouts. He answered that the umbrella and tennis racket were strapped to the suit case and that he unstrapped them in the boat and that when the boat upset, they were in the bottom of the boat and that the tennis racket at least must be floating on the lake.

      Vol. II, Folios 709 to 712.

      He said that the boat tipped over at about six P.M.

      Vol. II, Folio 716.

      He told the deputy sheriff that the boat was about 175 feet from the shore when it tipped over. At Old Forge, the sheriff inquired of him the second time as to what happened on Big Moose Lake. He then told the deputy sheriff that she was at one end of the boat and he told her to hang to the boat and he would try to get her ashore. The sheriff asked him whether or not he had his hands on her after the boat upset. He said he did not. The deputy then asked him if when she went into the water she came up more than once. At first he said he didn't remember, and finally he said she did,--"She came up near the stern of the boat and he told her to hang to the boat and he would try to get her ashore."

      Vol. II, Folios 718 to 720.

      After being accosted by Deputy Sheriff Klock at the Arrowhead Hotel, the defendant on three different occasions during the day attempted to explain to the deputy sheriff the circumstances attending the drowning in Big Moose Lake, and each explanation was substantially different from the other, as the deputy sheriff testifies at

      Vol. II, Folio 721.

      "The first time he told me he was up doing something with his hat and the boat upset; the next time I asked him, he said he stood up trying to reach a pond lily and the boat upset; and the next time I asked him about the boat was sometime afterwards, and he said he went back to her to talk with her and was crawling back in the boat, backing up, and the boat upset."

      Vol. II, Folio 721.

      He told the sheriff that he knew that she was in a family way and that he had been intimate with her for some time.

      Vol. II, Folio 688.

      That he had met her at DeRuyter on Monday morning.

      Vol. II, Folio 727.

      That they came to Utica and stayed there and that they were not married.

      Vol. II, Folio 729.

      But that they were going to be married on that trip.

      Vol. II, Folios 733-734.

      He said she had been in a family way to his knowledge since May, and that they did not get married at home because he did not want people to know about it.

      Vol. II, Folios 734-735.

      He said the tennis racket was in the boat when he upset, and that was the last he saw of it.

      Vol. II, Folios 741-742.

      After Deputy Sheriff Klock, and the defendant, and the district attorney reached Old Forge, the defendant spent sometime in the company of Granville S. Ingraham, who was one of the deputy sheriffs who had accompanied the district attorney into the woods. The defendant, having already been warned that he need answer no questions and that his statements might be used against him, nevertheless, entered freely into conversation with Ingraham about the mater. Ingraham testifies as follows:

      "I told him that according to the newspaper articles, there was one thing that seemed rather funny to me, and that was the position of the coat on the boat. He replied that seemed funny to him too. He could not understand the position of it. Then, I asked him where the coat was at the time the boat was tipped over. He said it was in the bottom of the boat. I asked him if she was sitting on the coat. He said, 'Yes, she was sitting on the bottom of the boat with her back against the seat.' I asked him how the accident occurred. He said he crawled over towards her on his hands and knees. I asked him if he laid his hand on her; he said, 'No.' He said as he went to crawl back the boat tipped over; they were both thrown out. I asked him if he made any effort to save her; he said, 'No.' I said, 'It seems funny you made no effort to save her at all. Did you think you were going to get ashore by both hanging on to the boat?' He said, 'Yes.' He thought they could work themselves to shore in that way."

      Vol. II, Folios 969 to 971.

      On his being asked a second time in the presence of Mr. Ingraham as to where the tennis racket and umbrella were, which he had with him at the Glenmore Hotel, he said the umbrella was sticking up in the woods somewhere, and he presumed the tennis racket was floating around the lake.

      Vol II, Folio 971.

      The defendant's attitude as disclosed by this testimony, was one of confusion and astonishment. He was undoubtedly surprised and astonished that despite his elaborate plan to cover the route taken by himself and Miss Brown and to leave the impression that she had died in company with an unknown man in Big Moose Lake, nevertheless, the identity of her companion and his relations with her had been so quickly uncovered and all his precautions rendered worthless. The statements made to Deputy Sheriff Klock, if false, when first approached on this mater, might perhaps be explained on the ground of surprise and confusion, and perhaps fear; but being repeated to Deputy Sheriff Ingraham, several hours afterwards in the language last shown, they show a determination on the part of the defendant to adhere to the story that the girl's death was the result of unavoidable accident and such as might occur, and does occur so frequently, to parties boating on these lakes. The explanation was an innocent one, apparently, and is the first that naturally suggests itself on such a happening. The defendant's explanation made to the two deputy sheriffs of an entirely innocent and accidental overturning of a boat is the first that suggests itself to any man on seeing an overturned boat and a drowned body. And this story becomes more important in view of the entirely different explanation given by the defendant when called as a witness at the trial in his own behalf.

      The tennis racket and umbrella not being discovered on or about the lake by the authorities, later the defendant talked with the deputy sheriff and sheriff, while in the Herkimer County jail. After he had been there a week or two, the sheriff told him that the papers had a lot to say about the tennis racket; and the sheriff said, "I will find it if you want I should, and if you don't you need not tell me anything about it." The defendant then told the sheriff that he had left it beside a log on the road from Big Moose to Eagle Bay. The defendant then told the sheriff that while walking along the road, he had stepped off into the woods and put it under a log.

      Vol. II, Folios 748 to 757.

      He afterwards told Sheriff Richard that he had put it under a log and scraped moss and dirt over it.

      Vol. II, Folio 800.

      The sheriff went to the place described by him, found the place where the dirt had been disturbed, took it away and uncovered the tennis racket.

      Vol. II, Folios 807 to 810.

      The racket cords were broken and the handle split.

      Vol. II, Folios 872 to 874.

      The bow was split and the strings broken.

      Vol. II, Folios 1643 to 1649.

      The sheriff previously told the defendant that there was a reward offered for the racket and promised him a part of it if he would disclose its location.

      Vol. II, Folio 858.

      In one of these talks about the racket, he told the sheriff, "He said he landed on the lake shore on South Bay." On being asked how he knew that the Eagle Bay road was near to this lake below, he said "the map showed it; he had a map."

      Vol. 11, Folio 767.

      In a subsequent talk with the sheriff in the jail, following the defendant's indictment by the grand jury of Herkimer County, and talking about the lawyers who had been assigned to defend him by the Court, the defendant stated to the sheriff that he was mistrustful of the ability of his lawyers to meet the case against him, as "the district attorney had found so many little points that he didn't think he could find."

      Vol. II, Folios 1656-1657.

      It will appear from this that the defendant's conduct throughout had been practically an admission of guilt and that his hope of escape was founded, not upon his innocence, but upon the skill with which the crime had been carried out on his part.

      We cannot undertake in this statement of facts to recite all of the evidence produced, at the trial, by the people, pointing to the defendant's guilt. Much other evidence was presented and is contained in the record from which the people contend no reasonable conclusion can be formed, or could have been reached by the jury, in this case except that of the defendant's guilt of the crime charged in the indictment.

      At the trial the defense was embodied in the proposition that the defendant was a moral coward; that a great calamity happened on the lake that day; that he became confused and frightened and wandered away from Big Moose Lake in an unconscious condition, and thus reached Arrowhead. This view is presented by the counsel in opening for the defense.

      Vol. II, Folio. 17.

      The defendant was sworn in his own behalf. The testimony given by him being contained in the record. Direct examination,

      Vol. 3, Folio 23 to 189.

      Cross examination.

      Vol. 3, Folio 189 to 1294.

      The defendant's version of this transaction was very brief, he testifies that he was 23 years old, born in Wickes, Montana, where he lived until he was fourteen, when the family moved into the state of Oregon where he lived for a year and a half. After that he went to Vancouver, Washington, where he went to work in a printing office; after staying there five or six months moved to San Francisco where he also worked as a printer. From San Francisco he went to Hilo in the Hawaiian Islands where he remained some time. After that he was at Oberlin College in the state of Ohio as a student for two years. After that he went to Chicago where he was employed as brakeman for one year and a half on the Chicago, Milwaukee & St. Paul Railroad.

      In March, 1905, he came to the city of Cortland where he was employed by his uncle, N. H. Gillette in the skirt factory that he owned there and remained in his employ until July 8, 1906.

      He testifies that he left Cortland Sunday, July 8, 1906, and went to DeRuyter where he remained overnight. That he met Grace Brown and they each got on the train and went to Canastota and from thence to Utica which they reached at three o'clock in the afternoon and went to the Hotel Martin where they remained until ten o'clock of July 9, 1906. He testifies that on Tuesday morning of July 9, he and the deceased spent the forenoon (Vol. 3, Fol. 36) in riding about the city or walking and after they had lunch they took a train on the Adirondack Division of the New York Central and went to Tupper Lake where they asked the bus driver to take them to Ferncliff Cottage conducted by Mr. Newman.

      He says that Mr. Newman asked him if he had written for accommodations and he said he had not.

      Here he directly contradicts Mr. Newman who testified at Vol. 2, Fol. 44 "I said, Mr. George you should have written to me before you came up here; people who come up here usually write me first so that I can prepare myself for them. He told me he wrote me a letter and I did not get that."

      He further testifies that at a subsequent talk with Mr. Newman (Vol. 3, Fol. 39) he told him that his wife was disappointed with Tupper Lake and was homesick and wanted to return and he would go back in the morning.

      Here he again contradicts Mr. Newman who says that he told him he wanted to find a quiet place or hotel and were going to Racquette Lake.

      Vol. 2, Fol. 49.

      He further testifies that at the next morning they returned to the station, checked Grace Brown's trunk through to Old Forge, kept on that train until they reached Big Moose and that while on the train he wrote the postal card and addressed it to the Skirt Company asking for the $5.00 He further says (See Vol. 3, Fol. 45) "After mailing the postal card I gave one to Grace and she wrote on it; addressed it to her mother at South Otselic and she gave the postal card to me; we left the train at Big Moose. When we left the train I still had the postal card. After arriving at Big Moose we got off there and I spoke to a man that I saw standing in the door there and asked him if he drove--if he was the carriage driver or stage driver and he said he was; he wanted to know where we wanted to go; I told him to Big Moose Lake and he said "All right I will drive around to the back door in a few minutes, and we waited until he drove around there. Then we got in the carriage and started over to Big Moose Lake. Grace had given me the postal card she had written and I had neglected or forgotten to mail it at Big Moose and on my way there I discovered I had forgotten it and asked the bus driver if he would please mail it for us when he went back. I gave it to him and he said he would mail it. That was shortly before we got to Glenmore."

      Here the witness contradicts the stage driver who says the defendant gave him this postal card at Big Moose station and asked him to mail it before he left and that he mailed it at the station before starting, in the post office. (See Vol. 2, Fol. 147.)

      He proceeds and says that he registered and inquired how they could see the lake. The office man told them "To take the small steamer that left about eleven o'clock that morning." That he arranged with the man on the steamer to blow the whistle when he was ready to start, and then went back to the hotel and talked with the decedent; took off his coat and the decedent's hat and put her hat on the rack that was against the wall on one side of the office and hung up his coat; that after talking with the hotel proprietor and at his suggestion he decided to take a row boat; that they went to the boat house and got a row boat and they then proceeded at once along the south shore of the lake and up into South Bay.

      Vol 3, Fol. 59.

      The defendant says that at this time, about the noon hour, he went to the extreme eastern end of South Bay.

      Vol. 3, fol. 67.

      Stayed there from fifteen to twenty minutes; went to the shore of South Bay and went on shore; went about fifty feet from the shore and sat down; that he then got his suit case, took it out on the shore and got some luncheon from it and he says further, "It was kind of damp there, grass was wet so I fixed the suit case near a tree--she sat on that. I then got my coat, it was my gray top coat, gave that to her; we then sat there and ate our lunch and read about an hour. When I got out of the boat I took my camera." We then got into the boat and rowed away from South Bay into the lake and rowed about the lake, stopping at different points and landings, eventually returning up into South Bay.

      That at last they rowed into Punkey Bay (the point where they were seen by Mr. Foster at six p. m., vol. 2, page 79), coming out of this bay, started across South Bay toward the point where the suit case had been left.

      He then says, (vol. 3, fol. 82), "then instead of going straight across we went away up toward the east end of South Bay to get some pond lilies; those we had gotten in the morning were all withered, dried; we went up and got some pond lilies, rowed around or floated around a short time; well kind of drifted and then, well, Grace and I got to talking. We got to talking about what we ought to do; I asked her what she thought we had better do; I said I didn't think we ought to, or that we could keep on as we had been; keep on going as we had been and I thought we ought to do something; I asked her what she thought we had better do; she said, 'I do not know;' we will go down to Fourth Lake as planned and then go back to Utica; or whatever you want to do; I told her that I did not think that we ought to; I did not think we had better. I finally said, I think the best thing we could do would be-well-to get her home and tell her father and mother just everything which had occurred, and explained to her why I thought we might better do that than to have them find it out as they would find it out anyway. She said she could not tell her mother; then she started crying. I spoke up, I said she would not have to tell, I would tell her father about it; I thought if I explained everything to him and went to him, why, it would be all right then and he would forgive us. Then she said, "Well you do not know my father, you never could tell him;" and then I said, what shall we do then, we cannot keep up this way. Then she said, "Well I will end it here and she--well, she jumped into the lake; stepped up onto the boat, kind of throwed herself in. I tried to reach her; I leaned back in the seat in the other end, the bow seat I guess. I tried to reach her then and--well--I was not quick enough; I went into the lake too. The boat tipped over as I started up or when I started to get up; the boat went right over then; of course I went into the lake.

      Then I came up; I halloed--grabbed hold of the boat; then as soon as I could see, to get the water out of my eyes and see, I got hold of the boat or got to the boat. I did not see her. I stayed there at the boat but a minute or two; it seemed like a long time anyway and I did not see her, then I swam to the shore."

      The defendant then proceeded to say that he reached the shore about a quarter of a mile from where he had left his belongings and in answer to his counsel stated, "I went off through the woods there, I kind of started away from the lake; then I kind of followed over where my suit case was then and got my suit case. I put on some dry clothes out of the suit case, I did not have my coat on when the boat went over."

      "Well after I changed my clothes why I struck off through the woods again, kind of away from the lake, (vol. 3, fol. 95), I went through a barb wire fence and kept on going through the woods until I struck a road. Passed two men and kept right along this road; I changed my suit case and hung it over my shoulder; after that I had to carry the racket in my hand. I carried that a short distance, it kept getting in the way, it was mean to handle; so I put it down near the road.

      "Q. Where did you put it from the road?

      "A. Why, I don't know how far; I guess seventy-five feet, fifty feet perhaps; put it near the first log I came to anyway. I put it down behind or beside a log; I don't think I put it under the log. Then I pushed some dirt down over it and left it."

      Vol. 2, fols. 102-103.

      The witness then says he kept on going until he came to a railroad track at Eagle Bay and further "Just as I got there there was a train coming into a station near there and started again. Then I went up towards this station that was on my left hand. It was dark. I went over to this station and saw that it was Eagle Bay station and I went down to the dock from the station where there were some lights; down to the steamboat dock and waited there--in about five or perhaps ten minutes the steamboat came; I got on the steamboat and went over to Arrowhead.

      I registered there and went up stairs and stayed there until Saturday morning. I had my suit case, my camera and my clothes." Subsequently he had told his counsel that when he went into the lake he had on a blue shirt, collar and tie and a union suit of underwear, shoes and stockings, and on being asked as to what he had done with the collar and necktie he answered, "I threw them away where I took them off."

      The witness testified at Vol. 3, fol. 139:

      "Q. Did you strike Grace Brown a blow in the lake or did you put her in the lake or do anything willingly or wilfully to cause her death?"

      "A. No sir."

      The witness further testifies that at Eagle Bay he observed that his watch had stopped at ten minutes past six. The turnkey at the jail testifies that when he reached the jail on Saturday night the watch was taken from him and delivered to the turnkey; and that the watch was running.

      We contend that it is well known that a water soaked watch will not start running of its own accord until thoroughly cleaned and repaired. The defendant makes no suggestion that at any time he had made any repairs to this watch or cleaned it in any way.

      The defendant of course contradicts flatly the witness Barrett who testifies that the boat contained the suit case when the defendant and the deceased passed him in the neck of South Bay going into the bay between five and six o'clock.

      The defendant further continuing his testimony gives fully all the conversation had between the deceased and himself from the time they left DeRuyter and takes the position that all their journeys from Utica to Tupper Lake, from Tupper Lake to Big Moose and the stop at Big Moose station were entirely at her direction and suggestion.

      Vol. 3, fols. 153-154.

      Fols. 162-163.

      Fols. 166-167.

      Fols. 168-171-172.

     and that he was a passive agent under her direction and control.

      The people contend that after careful deliberation, the defendant concluded that his explanation of what happened on the lake as purely accidental would not appeal to the jury, in view of his conduct throughout and he thereupon decided to formulate the story that Grace Brown had committed suicide by jumping into the lake, which tragedy had led to his subsequent conduct.

      We contend that the explanation of his story is found in the fact, that her condition was such as expressed in her letters, as to lead her at times to make despondent expressions; and knowing that these letters were in possession of the people, they would in some measure corroborate his story and would afford him a better chance of escape than the first explanation made by him to the officers at Arrowhead and Old Forge, namely, that while rowing about the lake the boat had been upset by one of the three happenings then described by him and in that way the girl had drowned.

      Upon cross examination (Fol. 401, vol. 3) the defendant testifies that when he left DeRuyter that morning he intended to marry the girl and it was for that purpose they were going away. The defendant says in cross examination that he had the map in his pocket at the lake showing the road to Eagle Bay but that he had not looked to see where the road went before he got to Big Moose and that he did not know that there was such a road as that indicated on the map from Big Moose to Eagle Bay.

      Vol. 3, fol. 432.

      Although when in conversation with the witness Klock on being asked how he knew that the road was near to the lake below, he said to him, "the map showed it," he had a map.

      The defendant contradicts the witness Raymond saying that at no time was he at his place in the night time with the deceased.

      Vol. 3, fol. 204.

      The defendant denied that his relative, Mrs. Hoag, had remonstrated with him for keeping company with Grace Brown and denied that he had talked with Mrs. Hoag about her.

      Vol. 3, fol. 214.

      He also denied that his cousin, Harold Gillette, in the factory, or Bert Gross, the foreman of the factory, had remonstrated with him for keeping company with this girl whom he did not take out with him.

      Vol. 3, fol. 216.

      He denies in part his conversation with the witnesses the Misses Patrick and Westcott. (See vol. 3, fol. 239.)

      The defendant denies that he had told the officer at Fourth Lake that he had gone away from home to marry the girl.

      Vol. 3, fol. 398.

      Despite his possession of the map showing the road from Big Moose to Eagle Bay and despite his statement to the officer that he knew the road from the map he had in his pocket, he nevertheless testified at the trial he had never seen or known or had any knowledge that there was a road leading from Big Moose to Eagle Bay, when he got out of the lake.

      Vol. 3, fol. 450.

      He testifies in his cross examination that he had about $30 on leaving Cortland.

      Vol. 3, fol. 708.

      That he left his clothing, his correspondence and his room as he had occupied it.

      Vol. 3, fols. 696 to 702.

      He testifies that when he left Tupper Lake he had between $10 and $12 in money.

      Vol. 3, fol. 712.

      That despite the low condition of his finances, he made no inquiry as to what the use of a boat at the Hotel Glenmore for all day would cost.

      Vol. 3, fol. 723.

      When the defendant was apprehended he had with him a quantity of exposed plates; he was somewhat of an amateur photographer. None of these pictures had been taken until after he had reached Arrowhead. Evidently in spending the day on Big Moose Lake he had not taken a picture.

      Vol. 3, fols. 740-744.

      Another roll from a kodak film was found in the suit case and while the photographer who examined the photographic material was being examined by the defendant's counsel on the witness stand, he presented these photographs and cross examined him at length as to whether or not the film had been exposed and the photographer said he thought it had not.

      After carrying the examination as to this film to some length his counsel finally announced in court in the presence of the defendant and during the trial as follows: "You need not bother about attempting to develop it; it seems that I am not quite right about it; the boy says it has not been exposed."

      Vol. 2, fols. 1039 and 1047.

      The defendant was cross examined as to this episode and he testified in cross examination that the film in question had never been exposed and that he had told his counsel to stop cross examining about it and he insisted that the film had not been exposed.

      In the meantime, the film had been developed by the photographer and it revealed individual pictures, one of the defendant, Ex. 103, one of Miss Harriet Benedict, a young lady with whom he was keeping company at Cortland in the spring of 1902. Ex. 102 and a series of pictures, Ex. 105 of him and Miss Benedict on an outing, and we think the cross examination sufficiently developed that the defendant knew what the film contained and endeavored during the progress of the trial to conceal it and mislead the Court on this film.

      Vol. 3, fols. 743-768.

      It merely indicates the quick turn of the defendant's mind and his general slyness of action.

      The defendant testifies that he had used the names of Charles Gordon and Charles George on this trip because they corresponded with the letters on his dress suit case, "C. G."

      Vol 3, fol. 784.

      It will be remembered that on reaching the Hotel Glenmore the defendant registered the names Carl Graham and beneath it Grace Brown, S. Otselic. This of course was a remarkable act in view of the previous registrations made by him. On cross examination he was asked why he had written the name, Grace Brown and her address, S. Otselic, in the register at the Glenmore. He answered that he did this because the postal card she had written to her mother from that place.

      Vol. 3, fol. 828.

      As his counsel afterwards explained it in his argument to the jury and also the defendant in later direct examination, he feared that the postal card being read would disclose her true name. An examination of the postal, Ex. 23, page 688, shows that thus explanation is too far fetched as if he had signed any name because of the fear of the postal being read, it would call for the registering of the defendant and the deceased as man and wife, in order to satisfy the suspicions that might be aroused from the contents of the postal.

      After reading his evidence on this point the conclusion becomes still more irresistible that the defendant wrote the deceased's name on the hotel register for the sole and only purpose that her dead body might be identified.

      (See examination as to fictitious names, vol. 3, fols. 779 to 864.)

      The defendant testifies that he had taken a pair of canvas leggings with him from Cortland in his suit case. He had previously testified that he had not determined to go into the woods on this trip and he makes no explanation for taking these articles so appropriate for the journey from Big Moose to Eagle Bay.

      Vol. 3, fol. 897.

      At the Glenmore hotel he testifies that he had a top coat and light coat together with the camera, tennis racket and umbrella, all of which he put in the boat on leaving the hotel. He makes no explanation whatsoever that can appeal to the mind of any reasonable man for putting these articles in the boat on leaving the Glenmore.

      Vol. 3, fol. 898.

      Neither did he make any explanation of the removal of the lining from the straw hat and the condition in which it was found.

      Vol. 3, fols. 899-904.

      He testifies that on leaving the lake he took the leggings out of his suit case and put them on, as he says, "to keep the mud and sticks out of my low shoes; to keep my shoes on; they would not stay unless I put them on."

      Vol. 3, fols. 904-906.

      He says also that he took an "old black felt hat" that he had gotten in Chicago and put it on instead of the straw hat which he left floating on the lake.

      Vol 3, fol. 914.

      He said he threw away the tennis racket which cost $6.00 and kept the camera tripod which cost $1.50 and weighed three times as much and was heavier.

      Vol. 3, fol. 927.

      He testifies in cross examination that in his journeys through the woods he was bitten with black flies and punkies and that these black flies and punkies attacked him in South Bay.

      Vol. 3, fols. 932-938.

      He says that on leaving the boat, he swam about seventy-five feet until he came to where he might touch bottom.

      Vol 3, fol. 943.

      He says that leaving all his possessions at a point in the woods unguarded and unwatched he rowed about out of sight of them for several hours.

      Vol. 3, fols. 967-980.

      He admits lying to the officer when arrested and lying to the people who accosted him when he was first identified as to his knowledge of the transaction at Big Moose Lake and as to his having been there.

      Vol. 3, fols. 107-108.

      In cross examination he says, "I don't know why I did." He admits telling the officer on his way to his room at the Glenmore that it was an accident.

      Vol. 3, fol. 1012.

      He stated in his trial that he could not remember whether or not he had told Mr. Klock that he had tipped over the boat trying to get his hat.

      Vol. 3, fol. 1013.

      He says he did tell him at one point that he was reaching for his hat and tipped the boat over.

      Vol. 3, fol. 1021.

      He partially admits telling him at another time that he tipped the boat over when going back to his seat.

      Vol. 3, fol. 1023.

      He gives no explanation and no reason for telling the falsehoods as to what occurred in the boat.

      Vol. 3, fols. 1029-1031.

      He denies the conversation with Ingraham.

      Vol. 3, fols. 1032-1038.

      He swears that he made no effort to ascertain the depth of the water at the point where the girl went in.

      Vol. 3, fol. 1052.

      The defendant denied that he was at the Tabor House in DeRuyter on Sunday evening at 8:30.

      Vol. 3, fols. 1072-1080.

      He denies that he stopped at the Tabor House barn.

      Vol. 3, fol. 1081.

      He testifies that he went from the train directly to the hotel; registered and went to his room.

      Vol. 3, fols. 1082-1087.

      That he did not try to hire a horse of Mr. Coye to go to South Otselic.

      Vol. 3, fol. 1091.

      That no such transaction occurred.

      Vol. 3, fol. 1092.

      Afterwards in rebuttal both Mr. Coye and his barn man Whaley, as heretofore cited, said he came to them and wanted to secure a horse to drive to South Otselic, or said he wanted one.

      He says that the next morning he met the deceased in the hotel parlor and had some talk with her. When asked to give all the conversation he inadvertently said, "And I then asked her if she had told this girl that I was there and she said no she had not said anything about me at all; hadn't told anybody."

      Vol. 3, fol. 1102.

      It appears that when he first saw Miss Brown at the hotel she was engaged in conversation with a girl whom she apparently knew.

      This lapse into truthfulness on the part of the defendant shows that he then had it in mind and was fearful of his presence with the deceased being made known.

      The defendant denies that he concealed himself at the station and contradicts the testimony of Mr. Tallet as to his getting on the car when the train was in motion at DeRuyter. He also contradicts the other witness on that point.

      Vol. 3, fols. 1106-1111.

      The defendant denies that he told the sheriff and Mr. Ingraham when he was identified at Arrowhead that the tennis racket was in the bottom of the boat and must be floating on the lake.

      Vol. 3, fol. 1154.

      He says he took the racket on this trip to give the impression that he was going on a vacation when he left Cortland.

      Vol. 3, fol. 1158.

      He says he had bought some luncheon in Cortland before starting on this trip which he had in the suit case and which he went on shore to eat.

      Vol. 3, fol. 1160.

      We submit that the testimony offered on the part of the defendant was in no way an explanation of the happening on Big Moose Lake.

      The defendant was urged by the strongest of motives to wit: his future ease and prosperity to relieve himself of the burden which the deceased had become to him. His every action shows careful plans he had formed and which he hoped to carry out successfully.

      The condition of the deceased's body; the evident blows which had been inflicted upon her either in rage or to silence her cries; the tangled mass of hair attached to either side of the boat; the taking of defendant's baggage in the boat and his heaving the boat and body in the manner he did, clearly and conclusively establish the crime.

      His own falsehoods when identified at Arrowhead as to the manner of her death in his company simply go to corroborate the conclusion which is abundantly established by the previous happenings.


[Respondent's points continued next page.]

Page 17

     

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