The evening tribune. (Pawtucket, R.I.) 189?-190?, 1896-12-22
THEY ALL TALKED
The Bran Murder Trial Is
Becoming Interesting.
Spencer, the Cook, Contradicts
Sailor Brown on Vital Point.
Bran Proposed to XIII Captain and Steal
Ship and Cargo Yesterdays Proceedings.

Boston, Dec. 22.-SenSatfOn 1oiIoWe
sensation in the trial of Thomas Bran
for the murders on the barkentine Ful.
Ter. After the jury left the courtroom
yesterday District Attorney Hoar ad'
dressed the court regarding the admis .
sion OF evidence to show motive on the
part of Bram. Attorney Cotter for
Bran vigorously opposed the prosecu-
tion in this matter.
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. 1 he
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 ross-examination by Lawyer
Cotter for the defense, the first sensa
ton of the day was given by the witness
stating that ne had several times been
at the wheel of the Fuller, and that he
could not see into the cabin when he had
his hands upon the wheel. This con-
tradicts the statement of witness Brown,
who claims that he saw Bran in the act
of striking the fatal blow through the
Filke Nassen, one of the crew of the
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 we'll get two
years each" AT this point the court ad
journed for luncheon.
The cross-examipation was continued
for short time after the opening of the
afternoon session, and then Nicholas
Ponce of the Halifax police was called
but an attempt to have him testify to
what Bran said while i'm 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 o'clock on the night Of
the murder he looked into the cabin and
SAW the captain lie down. There was q
dim light in the room. At that time he
had both hands on the wheel, said the
witness. This contradicts 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-
r1ents OF counsel on the admissibility of
evidence offered by District Attorney
Hoar for the government. Mr. Hoar
said: Il desire to offer some direct testi-
mony in order to show the motive for
the crime. i intend to produce man
named William Nicholas of Baltimore,
who sailed on voyage 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.
Nicholas refused this proposition. Iwish
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.
I'VE claim that this evidence is ad-
missible to show the mental state of the
defendant and the intent with which he
committed this particular crime with
which he is charged"
District Attorney Hoar then quoted
authorities with which to support his
decision, among them being the Lizzie
Borden case. Carlisle Harris case in
New York. Spies case in Chicago, Robin
son poisoning case and the Cooper street
armory case in Boston.
Lawyer Cotter, in a vigorous speech,
attacked the position of the district at
torney. He said the arguments of the
district attorney had no foundation in
law; that 1t was entirely senseless. and
that the district attorney was openly
seeking newspaper notoriety. No motive
had been shown by the government, and
this attempt was made so as to bring in
q motive. Lawyer Cotter did not quote
any authorities, as he did not deem II
necessary as the argument Of the gov
ernment was so adverse to good law.
The court, at the conclusion of the
arguments. stated that 1t had reached
q decision, but as IL would ont delay
the case any, the decision would not be
rendered until this morning, and they
would further consider the case in the