Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1896-12-23
Judges Rule Out the Evidence
About His Former Deeds.
Testimony that Puts Seaman Brown
in Still Worse Light.
hinted TO Another Sailor that They Might
Burn the Vessel.

trial, this morning, the beg1nglng OF
| the eight day of the trial. The testi-
mony 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 a view to showing
| motive, wanted to be allowed to have
a witness named Nicholas from Balti-
more take the stand. Bran, iie said,
had spoken to Nicholas on voyages pre-
vious to that on the Herbert Fuller Of
killing the captain of the vessel. the
White Wings. sailing from here to a
South American port, and disposing Of
the cargo. He recited 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 disposed of the cargo.
The district attorney also said that
Bran had suggested to Nicholas that
they should both join Norwegian ship.
where there were fewer men on the for
ward part OF ,ne ship, that the crew
should be given knockout drops and
the captain be disposed of. when it
would be possible to take control of the
vessel.
The decision of the court which was
read by Judge Colt, was brief and
pointed. The application of the dis
trict attorney was denied by the court.
When the judges had taken their seats
Judge Colt said:
AT the adjournment there was a
question raised upon some proposed
evidence. and the court is now prepared
to rule on the proposition of the district
attorney. Upon the question now pre-
scented. in the limited time the court has
had for determination, we see no rea-
son to change our first impression that
the evidence whichs the. government
proposes to offer is jnadmisbjble. We
believe such evidencesto be in violation
of the fundamental rule that the pro-
posal to commit or the actual commits
sion of another crime.tffncOnneAed with
that laid in the indictment cannot be
given in evidence against the accused.
We are aware of certain exceptions
to this rule. but we do not think the
proposed evidence falls within any Of
those exceptions. That the defendant
upon another vessel sailing for a South
American port. six months or more be-
fore embarking on the herbert Fuller,
proposed to a mate of that vessel to kill
the captain and seize the vessel and
cargo. has no logical connection with
the issue of the present case. and the
fact, If proven. has no proper bearing
upon the issue we are now trying. If
there were, and the proposed evidence
were offered, we should feel bound to
reject it as inadmissible."
The first witness called was Oscar An
Harharf
mt the time of the tragedy. He went aft
into the cabin with the others. and de-
the defendants and others. signing of the
paper and other acts of the crew. in cor
roboration of the testimony of previous
witnesses. The witness described the
sailing of the vessel and the ease with
which she was steered and how she would
act if the helm was dashed or left free.
Witness described the conduct Of Brown.
the night before the murder. He came
up to the witness and said:
You can take a nap
Il laid down. the witness said, land
he began walking about the deck. Then
he came and looked at me and l got
scared.
No I told the steward about it, the
next morning, and said l wanted some
thing done to him. because | thought he
was going to do something to me; After
the murder he became very quiet and
would not talk. Before the murder he
was talking much. never knew Brown
to sleep on the deck before the night of
the murder and l never knew anyone
else to do so.
Francis NJ. Lobeac. member of the
crew of the Herbert Fuller on the night
of the tragedy. agreed with the last wit
ness regarding the conduct of the vessel
with the wheel lashed with the condi-
tons as they were on the night of the
murder.
Bran was on deck and at 2. called out :
four bells; and the witness went aft to
relieve Brown at the wheel. After
hn1 ri ha VI hoo
and while the witness was at the wheel.
Bran went down the steps of the after
companion way. Continuing, the witness
said: Il then saw him run up the COM
paniOn way. He was gone about 30 Sec
onds. Hardly had Mate Bran got up on
deck when | heard Passenger Monks saw
i am all right
Witness said there was talk of a bar
rel of kerosene aboard and Brown sug-
gested that it be spilled on the cargo
and set on fire. Witness took charge
of the vessel after the captains death, +.
having been appointed first mate by
Bran. Witness said he had seen the
wheel dashed by Captain Nash, the ves-
sci was sailing free. and the wheel was
dashed five minutes. He once said
We suspected Brown on account of his
behavior: he behaved so badly" Brown
said to throw the bodies overheard.
wore blue flannel shirt. white trous-
ers with blue stripes. pair Of slippers.
and white hat. The day after the
murder witness saw shirt and trous-
ers drying and the shirt was the same
that witness had seen being washed
the Sunday before. On redirect exami-
nation the witness repeated the kero-
sene story. stating that just before the
night of the murder. Brown said to him:
There Is barrel Of kerosene on the
ship, and 1t would not take long to
spin over the cargo and set 1t on
fire.
Folke WATSON as recalled and asked s
4 few questions about the steering Of
he vessel under certain conditions.
Frank Lobae was recalled and aues-
Toned as to previous testimony.
Both sides continually asked him to
(COntfnued on M ro oN