The Portland daily press., 1896-11-16
BRAM'S FATE.
1t Will Probably Be Settled Next
Month.


Month.
His Trial for the Murder on the Herbert
Fuller-Judge Webb's Remarks on the
Pleas of the Defence.
Boston, November 14.-The seconE
days hearing Of the case of Thomas A.
Bran, late first mate of the barkentine
Herbert Fuller, Indicted for the murder
on the high seas of Charles I. Nash.
captain o: the vessel. his wife, and the
second mate, attracted another large
crowd in the United States Circuit Court
this morning. The hearing was adj
journed yesterday till 10 O'Clock and for
nearly an hour the spectators awaited
impatiently the appearance OF the court.
1t was not until after II O'Clock that
judges Webb and Colt took their places
ON the bench, and the prisoner was con-
signed to the dock.
JUICE Webb at once delivered the opin-
ion of the court as to the pleas made yes
terday by counsel for the defence to the
jurisdiction of the court and in abate-
ment, and the motion TO quash the in
dietment. He said that the court had
especially examined the points made by
the defendant and of the authorities in
their support. The examination of the
authorities on the part of the govern
ment, tor want Of time. has not been SO
good. Logically, the first question to
bs decided was that of jurisdiction. "We
said the Judge "because we believe it
can be legally heard only by jury on
issues properly framed, as it is not the
province of the court to decide questions
of fact, which this Is. The counsel for
the defence has himself reserved this plea
emit time to obtain evidence in it's sup
port. The question of jurisdiction is
therefore not settled or closed to the de-
PENDANT, but is still pending.
Gas to the plea in abatement, the
grounds are set out in some detail. 1t
is alleged that one of the grand jury
was not properly qualified, because be
was not duly sworn, and when he refused
to swear was permitted to affirm; and
that the indictment was there fore found
by an Improperly authorized grand jury.
The court believed that the requirement
of an oath is satisfied by making an
affirmation Undue judicial form. Nor do
we hold it necessary for the record of the
court to show just the circumstances un-
der which the juror was admitted to
affirm. We are inclined to the view that
where all affirmation is administered to
the grand jury in the presence of mem
Der of the court. and without objection
on the part of anyone, it is properly adj
ministered. As to the juror not having
been asked if he had conscientious
scruples to taking an oath, that could
not Affect the interest of the defendant,
for it must all depend upon the assertion
of the juror himself if he has such
scruples, for there is no way in which
his statement could be contradicted If
false. only the man himself knowing the
state of his conscience.
eve regard the objection as falling
clearly within the provision of the Re-
vised Statutes, which states that no in
dfctment found by the United States
shall be deemed insufficient by reason of
any defect in matter OF form only, which
shall not tend to the prejudice Of the de.
fendant, and we know of no matter of less
consequence than the declaration that
the grand jury was acting under oath.
But we believe they were acting under
oath in this case; and it can in no way
prejudice him in making his defence.
We must, therefore, hold that this
Indictment would be strictly snfioient
to include the case of parties, some of
| whom affirmed.
The motion to quash the Indictment
is based on the ground that it is vagu
| and uncertain. We don't find that objec-
ton supported by reading carefully the
| Indictment. 1t sets out the name of the
defendant, the place of the commission
| of the supposed offence. the time it was
committed, the person on whom 1T was
committed, the means by which it was
committed and the malice for it's COM
mission. 1t sets out tina death of the
victims, the jurisdiction of the court.
and that this is the district in which the
defendant is brought and where the trial
must be held. We don't find any vague
ness or uncertainty In the Indictment. :"
Mr.. Cotter will file exceptions to the
ruling of the court on the motion to
quash.
sShomas A. Bram!' p called the clerk.
District Attorney Hoar asked that the
defendant should be arraigned on an
indictment No. 1890, charging Thomas
Bran with the murder of g. I. Nash
and Laura A. n ash.
The indictment was then read to the
defendant, while he stood in the dock
with his right hand held 'eloft. His eyes
never for moment left the fnce OF the
clerk during the period.
"What say you to this Indictment, are