The Providence news. (Providence [R.I.]) 1891-1906, 1896-12-22
A SENSATION.
Latest Feature in the Trial
Of Mate Bran.
Prosecution Attempts to Show
AccuSed'S Motive.
Murderous Proposal Made by the
Prisoner to His Shipmates.

Boston, Dec. destinations are con-
tinuing in the trial Of Thomas Bran,
mate OF the barkentine Herbert Fuller.
who Is charged with the murder OF Cap
tain Nash, Mrs. Nash and Second Mate
Bamberg on the high seas. The first day
OF the second week OF the trial yesterday
brought out more sensational episodes,
but the climax was not reached until
after o'clock. after the jury had left
the courtroom for the day, when District
Attorney Hoar proceeded TO explain TO
the court certain evidence he wished TO
introduce In order to show motive for
the murder. M
The first witness yesterday morning
was Jonathan Spencer. the colored stew
ard OF the Fuller. and the third Of the
chief witnesses for the prosecution. The
witness corroborated statemnts of
previous witnesses upon the finding OF
the bodies and the subsequent finding OF
the AK with which the murders are al
legged to have been committed. During
the severe cross-examination by Lawyer
Cotter, for the defense. the first sensa-
ton of the day was given by the witness
stating that he had several times been
at the wheel of the Fuller, ahnd that he
could not see into the cabin when he had
his hands upon the wheel. This con-
tradicts the statement Of wltness Brown.
who claims that he saw Bran in the act
OF striking the fatal plow through the
window from his position at the wheel.
Filke Nassen. one OF the crew of the
Fuller. the next witness, corroborated
the previous evidence concerning Bram's
actions after the murders, his crying
and his story of how the murders were
done. He caused a sensation when he
stated that after Brown had been put
into irons Bran said to him: IF we
don't get Brown guilty Wen get two
years EACH" At this point the court ad-
Journed for luncheon.
The cross s-examination was continued
for short time after the opening of tha
afternoon session, and then Nicholas
Ponce Of the Halifax police was called,
but an attempt to have him testify to
what Bran said while In custody at
Halifax met with an objection from
counsel for the defense, and Henry j.
Slice Of the Fuller crew was called. He
stated that there was a disagreement
between Bran and the second mate. but
the most important part of his testimony
was that TO the effect that when he stood
at the wheel at 3 o'clock on the night OF
the murder he looked into the cabin and
saw the captain lie down. There was a
dim light in the room. At that time he
had both hands on the wheel, said the
witness. This eontradicts the testimony
OF Spencer the steward, who said 1t was
impossible to see into the cabin when
one had hold of the wheel.
The jury was excused at o'clock in
order that the court might hear argu-
roents of counsel on the admissi5ility OF
evidence offered by District Attorney |
Hoar for the government. Mr. Hoar |
said: II desire 10 offer some direct tesu- |
mony In order TO show the motive for |
the crime. l intend to produce a man |
named William Nicholas of Baltimore |
who sailed on avoyage as first mate with |
Bran In the schooner White Wings |
Nicholas will testify that Bran proposed |
to Kill the captain. take possession of the |
ship and sell the cargo for gain.
refused this proposition. wish |
to show this deliberate offer to commit |
crime. Nicholas will testify that Bran
stated that he had seized and sold two
vessels. one the Twilight, and the other
the China by this means.
1--WE claim that this evidence Is ad-
nissible TO show the mental state of the
defendant and the intent with which he
this particular crime with
which he Is charged"
District Attorney Hoar then quoted
with which TO support his
iecisiQn. Among them being the Lizzie
Borden case. Carlisle Harris case in
New York. Spies case I'm Chicago. Robin
son poisoning case and the Cooper street
lrmory case in Boston.
Lawyer Cotter, in a vigorous speech,
attacked the position of the district at
orney. He said the arguments Of the
district attorney had no foundation in
aw; that ii was entirely senseless. and
hat the district attorney was openly
seeking newspaper notoriety. No motive
lad been shown by the government. and
his attempt was made so as to bring in
! motive. Lawyer Cotter did not quote
my authorities, as he did not deem IL
necessary as the argument of the gov
was so adverse to good law.
The court, at the conclusion OF the
rguments, stated that IL had reached
decision. but az IL would ont delay
he case any. the decision would not be
endered until this morning, and they
would further consider the case in the