Daily Kennebec journal., 1896-11-16
Shown as He Pleads Not
Guilty to Charge Of Murder.
All Objections 0yerruIed and He Must
Stand Trial at Boston.
Dec. ~ The Date Set-intense Interest in the
| Famous Case.

| AACip Il uliNI, HIS WIIe, Laura
I. Nash. on Monday, Dec. IA next. in
the United States court.
Judges Colt and Webb, yesterday,
| overruled the motion to quash of
Bram's counsel. and also the objec-
| tion which had been raised to the
| manner in which the Indictment had
| been found. and left open the question
as to the jurisdiction of the court, to
| be decided in the course Of the trial if
any question should arise in regard
| to it,
Every seat in the court room was
taken long before the prisoner was
brought in by Deputies Waters and
Ruhl and placed in his accustomed
scat in the dock
Bran did not appear in the least ex-
cited or worried, and during the read
ing of the indictments subsequently.
wich occupied upward of 20 minutes
he stood erect, with his right hand
| raised. and never for a moment
| faltered while he gaZed sternly into
| the face of Clerk Trowbridge who
| read the indictments.
| Rram's response to the indictments
| was made in firm voice which could
be heard all over the court room, and
outside in the corridors. where a large
| crowd had gathered.
| As soon as the judges had taken
| their seats. Judge Webb commenced
| the announcement of their decision on
the matters raised. Friday by
counsel for Bran. He stated that in
| the time given to the court to decide
the matter it was impossible to have a
written opinion prepared. or even to
| examine the questions presented as
fully as might otherwise be done.
Judge Webb then went on to say
that while it might have been more
easy to follow the matters in the vari-
Gus questions involved had been ar
sued separately. yet there was a saw
ing of time in taking them together.
especially when they resembled each
other so closely.
His honor went on to say that four
formalities had TO be dealt with. and
stated what they were, as has already
been published.
We have taken no action upon the
question arising as to jurisdiction"
said the court, because we under
stand that it had yesterday been
withdrawn by counsel for the defend
ant, and because there will be ample
opportunity during the progress of the
trial to safeguard the rights of the
prisoner in that respect. If the plea
was not withdrawn we should like to
know it now
Judge Webb continued to deal then
with the plea of abatement and the
supplementary plea, and, having de-
fined the difference between them in
the mind of the court. said that the
affirmation of the grand juror. instead
of taking the oath. was. to the mind
of the court, all that legality and judi
cial form required, therefore the in
dictments found by the grand jury of
which that man was a member were
legal.
He read from the Massachusetts
statute dealing with the question. and
said that all the requirements of that
statute had been complied with. He
said. however. that the court. if there
had been nothing else on which to
found their judgment. could not have
held with the district attorney that be-
cause there We're more than the neces-
sary II men who might find an indict-
ment present in the room. that the
failure to swear one member of the
grand jury would not. therefore. be
fatal.
He said that if it was shown that
one man who had no right to be in the
room had participated in the proceed
ings before the grand jury, the court
would not hold that an Indictment
IL,
valid. That. however, the court be-
lieved. was not the case in the present
instance.
This part of the case being disposed
of. the court dealt with the question
of the form of the indictment. the fact
of the affirmation of some of the ju-
rors not having been mentioned in the
Indictment. and read section 1855 of
the United States Revised Statutes.
which he held showed that for any
defect in the form of the indictment
which did not effect its validity there
was no reason to find the indictment
bad.
Coming to the motion to qu3sh, the
court stated that it held the charges
defined with sufficient clearness, as to
time. place. circumstances and the in
strument with which it is charged the
crime was committed, and on that
ground the court did not think there
was any irregularity in the indict-
ments.
On the question of joining the vari-
Gus charges as to several crimes in one
Indictment, however. the court be-
lieved that it would be better to have
them separated as far as it was pos
sible to separate them in a case where |
it was charged that they were all COM
mitted at the same time and within |
the narrow confines of a vessel at sea.
I'VE do not approve the practice"
said Judge Webb. "of uniting in one |
Indictment charges for two distinct |
capital offenses. and we should be dis
posed in this case, on proper motion at |
a later time. to call upon the district |
attorney to narrow his prosecution to |
a single charge which may be done
either by an election Of mol pros, or |
the charge in regard to one
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