Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1896-11-14
BRAIN ARRAlGNED.
Charged With Recent Triple MUIR
der on Barkentine Herbert Fuller.
Counsel Asks 10 Have indictment Qnashsd Tor
Defect Decision Today.

Boston. Nov 13-Thomas Bran, the
first mate of the barkentine Herbert Full
circuit court, today. charged with the
murder on the high seas of Captain Nash
OF the Herbert Fuller, Captain Nash $
wife. Laura, and the second mate of the
The arguments for the defence were
set forth, In the matter of Jurisdiction OF
the court. that the district of Massachu-
sets was not the. district where the de-
PENDANT was first brought after the com
mission OF the offence set forth In the IN
dictment
member of the grand jury was not duly
sworn he having refused to take the
oath. but was permitted to affrm, al
though the Indictment said all the jurors
The motion to quash was based on an
alleged uncertainty in the Indictment r., :
appearing that the name OF the mur ,hara
mate was variously spelled Lompear,ee'
Lpmbery Lambery and Bfamoerg IN u wi
ferent counts, and the counts were I'M
perfectly Joined, two murders naV"is
No evidence was offered in support OF
the contention that the court has no Ju-
risdistion. but 1t was stated py me cou M
end of the trial that the steamer which
brought the prisoner from Haiifax 70
the United States came within the waters
the jurisdiction Of that district before
he entered the jurisdiction OF Massachu
sets.
District Attorney Hoar replied for the
government. citing authorfies IN sup
port Of their contention.
The trial was adjourned until III a. NJ
The barkentine Herbert Fuller, Captain
Nash, from Boston, July 8. for Rosario,
put into Halifax, July z. fylng the stars
and Stripes at half mast, win black
! faaR imm6diat ely beneath.
When the Fuller was boarded, 1t was
learned that Captain Nash. his wife:
been killed. The murders had been com
United with an axe. The room In which
the victims lay were covered with biooa,
showin that severe seragse erih aH m,fi
lated.
The Fuller had on board her COM
mander and part owner. Captain Nash
aged 43. and his wife Laura. aged 81. Les.
ter H. Monks, a Harvard student. son of
+. H. Monks of Boston, was passenger
taking a sea voyage for the benefit OF his
Bran, Nova Scotian, but a naturalized
American Citizen first mate; Augustus
W. Bamberg. a Finlander. but natural
lied American, second mate; Jonathan
Shere, colored. of Rosario. cook Frank
IIobez of France, Charles Brown of Swe-
den, Henry Starr OF New Jersey, William
Haggerty of England, and Herrick Pc
At 2 o'clock on the morning of July a.
the captain was murdered in his ROOM
then the second mate was killed and then
the captains wife, who was in bed in
her state room. At the police station IN
Halifax the first mate was stripped and
blood was found on his clothing The
passenger Lester Monks of Boston
stated that he saw the first mate come
from the captains cabin after the MUIR
der
Seaman Brown was at the wheel and
made a statement to the effect ihAt h.
saw the first mate kill the captain. H.
said she heard a noise in the captains
cabin and. going thither. saw the first
mate murder the captain.
The Herbert Fuller is owned by SwA,.
& Co. of New York and by Harrington
Me-. parties. Her consigners We're j. p.
Elliott & Co. of Boston. and she sailed
from this port with cargo of 100000 feet
of lumber
Captain Nash and wife We're both ma
tives of Harrington, Me. Byam, before
shipping on the Fuller. had resided in
New York. Various theories have been
advanced as to the motive of the muir
ders. One is that the ship was to be
seized in mutiny and taken to Cuba, an
other that the first mate was Jealous and
angered with the captain, and another
that the mate attempted assault in "a
drunken fit on the captains wife.
Seaman Brown was at first held as an
accessory. but after the grand jury re-
port was relieved of the charge of COM
plicity in the murders. but was held as
witness.