The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1896-12-23

Stories of Sailors Put Wheelman Brown
in Bad Light-Proposed to Pour Ker-
esene on Cargo and Set 1t On Fire-De-
fence Begins Today.
Boston, Decsm ber 22.-The govern
ment received a decided set back in the
Bran case this morning, the beginning
of the eighth day Of the trial.
The testimony which District Attorney
Hoar last night sought to introduce,
was ruled out by the court as foreign to
the issue involved in the trial.
Mr.. Hoar, with view TO showing
motive, wanted to be allowed to have q
witness named Nicholas from Baltimore,
take the stand. Bran, he said, had
spoken to Nicholas on voyages previous
to that on the Herbert Fuller Of killing
the captain of the vessel, the White Wings
sailing her to q South American port
ana disposing Of the cargo. He cited two
or three other instances in which he said
Bran had. according to his own story to
Nicholas, destroyed the vessel on which
he sailed, and claimed freight money,
or disposing Of the cargo. The district
attorney also said that Bran had suggest
sd to Nicholas that they should both
join Norwegian ship, where there were
;ewer men on the forward part Of the
ship, that the crew should be given
knockout drops. and the captain he dis
posed of, when it would be possible to
lake control OF the vessel.
i I-s. - EI,<a ru7t ynh yrJCc G
read by Judge Colt, WIS brief and point
sd. Application of the district attorney
VAS denied by the court
When the judges had taken their seats
Judge Colt said: AT the adjournment
there was question raised upon some
proposed evidence, and the court Is now
prepared to rule on the proposition OF
fle district attorney. Upon the ques-
tt On now presented, in the limited time
he court has had for determination, We
SEQ no reason to change our first impress
sion that the evidence which the govern
ment proposes to offer is inRdmissahle.
We believe such evidence to be in VIOLA
tion of tbe fundamental rule that the
proposal to commit or the actual COM
mission of another crime, unconnected
with that laid in the Indictment cannot
be given In evidence against she accused.
Wa are aware OF certain exceptions to
this rule. but we do not think the pro-
posed evidence falls within any OF those
exceptions. That the defendant upon
another vessel calling for South Ame-
rican port, six months or more before
embarking on the Herbert Fuller, pro-
posed to a mate of that vessel to kill the
captain and seize the vessel aud cargo,
has no legal connection with the issue in
the present case, and the fact, if proven.
has no proper bearing upon the issue
we are now trying. II, therefore, the pro-
posed evidence were offered we shonld
feel bound to reject it as inadmissable. "
The first witness oalled was Oscar An
derson, q seaman on the Herbert Fuller
at the time Of the tragedy. He went aft
into tho cabin with the Others, and de-
scribed the finding Of the bodies, the acts
of tho defendant and others, the signing
of the paper and other acts of the crew
in confederation of the testimony of the
previous witnesses. The witness de-
scribed the sailing of the vessel and the
sase with which she was steered and
how she would act II the helm was
kshed or left free.
Witness described the conduct of
Brown the night before the murder. He
oame up to the witness and said: You
can take q nap. ~ laid down." the
witness said, "and he began walking
about the deck. Then he came and looked
at me and 1 got scared. He asked, Are
you asleepp' said No. told the stew
ard about it the next morning. Said
wanted something done to him because
I thought he was going to do something
to me. After the murder he beoame very
quiet and would not talk. Before the
murder he was talking much. l never
knew Brown to sleep on deck before the
night of the murder. I never knew any
one else to do so. -"
Francis M. Lobsac, member OF the crew
of the Herbert Fuller on the night of
the tragedy. agreed with the last witness
regarding the conduct of the vessel with
the wheel lashed, with the conditions as
they were on the night OF the, murder.
Bran was on deck and at called out
four bells, and the witness went aft to
relieve Brown at the wheel. After Brown
had gone forward from the wheel and
while the witness was at the wheel,
Bran went down the steps or after
companionway.
Continuing, witness said 81 then saw
him run up the companionway. He was
gone about 80 seconds. HHardly had Mate
L. rrd