The Portland daily press., 1896-12-31
Acts OF A Mad MAN.
Lawyer COtter Makes His Argument
for Bran.
EVIDENCE ALL IN, IN FAMOUS
MURDER CASE.

Counsel for the Respondent Very Severe in
His Denunciation of Passenger Monk
Accuses Brown of the Crime in So
Many Words.
Boston, December 30.-In the Bran
trial today an important.point was scored
by the defense by the refusal OF the court
to permit District Attorney Hoar to offer
evidence in rebuttal of testimony given
by the defense regarding the lashlng OF
the wheel of the Fuller.
Throughout Bran sat stolidly in the
dock. his eyes fixed on his counsel and
not a muscle in his face betraying the
slightest traue of excitement. The court
room was crowded
Captain Lynch, Captain Edward j..
Parker and Captain Howard. all expert
enced seamen and masters OF vessels,
were called by the government as wit
nesses to prove that good Judgment had
not been exercised by Mate Bran when
he advised sailing to French Cayenne in
stead of the nearest port after the
murders The testimony of the witnesses
was conflicting, one saying that 1t was
tan fays distant and another that it was
| thirty days distant.
No more dramatic incident has charao-
terized the entire Bran trial than that
which took place at the opening of the
| court this morning.
"The position of the district attorney
OF ho tOlar-
ated in our state courts. in case involv-
| ing the ownership of cord of wood. We
protest against it. we object to it, and we
would be unfaithful to the com mm1ss1on
given to us by this court, and Ia1thless
| to the interests of the client whose In
| terests we are here to care for, II we dld
| not ask the court to prevent the distt1 let
attorney from proceeding further on ohe
| line he now proposes to follow.
| This was the language used ny Mr.
Cotter, Bram's senior counsel, the
moment the first government witness
was called to the stand this morning.
"We have met the case of the government
against our client. continued ME-
Cotter," and we protest against the dis
trict attorney attempting, or the court
ment of his case, after the case for the
defendant has bean closed.
E.The matter arose over the proposal OF
the government to call expert testimony
to rebut that of the defence, as to the
posi- bility Of lashing the wheel OF Ehe
Fuller. Mr.. Hoar had called the witness
| to the stand to testify on this point,
4 Captain Daniel Lynch, seaman for 4s
years, who had experience OF barken-
tines. and of almost every class Of vessels.
| This proposition was what aroused Mr..
| Cotter and caused him to make his at.
| tack on the position of the government.
| He claimed that the govern ment had no
authority under general principles gov
erning the law to present another install,
ment of it's case after the DEFENSE mao
| rested.
District Attorney Hoar replied at some
length and cited several authorities to
show that he had the right which be had
attempted to exerciee of presenting such
! evidence in Tebuta..
| Mr.. French replied briefly for Bran.
and said he and his colleague rested
their claim entirely on the general prin.
ciples of law, and did not Intend to clte
a1y authorities in support OF thell
The court at ten retired to consider the
issue raised by MT. Coster, and deolaec
in his favor.
Frank Loheac, Oscar Anderson and
Lester II. Monks were recalled ano ex
amined, after which the case resteo ane
Adjournment was taken until .5O p. No..
when Mr.. Cotter began the opening
argument for the defense.
q The final and telling part OF the trla
neoan AZ $50 when James Cotter
oonnseI for the defense began his pies
before the jury. Mr.. Cotter first paid
glowing tribute to his associate, Mr
Frenob. and extended his gratitude tt
the court and the governments counsel
He said the issue was confined to tht
killing of Captain Nash he SAID; 70
cording to the evidence, Inomas pram
has selected it's position and we hole
them to it. We are not here to prove an
orher man guilty although the evidence
would indicate that There IS notnlni