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People v Gillette. Points of Counsel | |
| Appellant's Point II | |
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The receiving and reading to the jury the two letters written by the deceased to the defendant in April, 1906, was error and wrongfully prejudiced the defendant. The defendant makes this separate point with reference to those two letters of April because the time and circumstances of their writing are different from those of the other letter of Grace Brown which were read in evidence. It will be observed that in April, 1906, the deceased, Grace Brown, was on a visit at her home at South Otselic, having gone there from Cortland and remained there three or four days when she returned to Cortland and remained at Cortland until the latter part of June, 1906. (Case vol. 1, fol. 1981 and vol. 3, fol. 673.) While she was at her home on the occasion in April she wrote two letters to the defendant one dated April 13th, 1906, (Exhibit 10 case, vol. 1, fol 2279.) And another dated April 14, 1906, (Exhibit No. 11, case, vol. 1, fol. 2290.) That was at a time and occasion which is in no way related to the occasion when Grace Brown lost her life. It was about three months before this couple went away on the journey during which the woman died. It was before the pregnancy of the girl was known to the defendant or to her. (Case, vol. 3, folios 672-676.) These two letters were read in evidence with the others, over the objection and exception of the defendant. These letters were inadmissible on all grounds stated in the foregoing point which are here urged and repeated. The admission of these two letters in evidence cannot be justified on the ground that they are part of the res gestae; that they accompany or form any part of the act which led to the death of Grace Brown or that they were written in contemplation of any of those acts. There is not shown any situation or occasion existing in April, 1906, which suggests a motive for defendant to kill Grace Brown or that her death or any of the history connected with her death was then contemplated. Declarations or utterances to he a part. of the res gestae must be made at the time of the acts which they characterize. There must be a transaction of which they are a part. Tilson vs. Terwilhiger. 56 N. Y. 277, People vs. Davis, 56 N. Y. 951. | |
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 The Historical Society of the Courts of the State of New York
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