The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1896-12-16

Directly Connected With the Affair
Disputes Regarding Photographs of the
Fuller.
| Boston, Decem ber 15.-Ihe trial of
Thomas Bran, accused of numbering
Captain |. Nash of the barkentine Her
bert Fuller, was practically begun today,
yesterday having been consumed in
securing q jury.
| Shortly after the court opened, Justice
Colt addressed the jury in regard to their
privileges.
Clerk Trowbridge, after the jury was
polled; read the indictment At charged
the murder OF Captain Charles l. Nash
ON board the bark entine Herbert Fuller,
while on the high seas.
Bran stood with hands uplifted while
the two counts were read.
| Mr.. Hoar stated that it WAS tho desire
of the defence that all witnesses for the
government be excluded from the room,
and he would add that all witnesses be
excluded except the medical experts.
Mr.. Cotton agreed to this, but asked
that all experts be allowed to remain.
The engineers and photographers were
allowed to remain, but all others were
requested TO retire.
''Mr. Cotton, have you any witnesses
| to exclude?" asked his honor.
| "There are no witnesses for the defence
your honor.'
District Attorney Hoar opened the case
| by relating the incidents of the tragedy
last July.
| d Mr.. Hoar urged upon the jury the
necessity of pressing to the end the in
vestigation against the defendant, and
of bringing to justice the real murderer.
| Mr.. Hear closed at IL. 30.
The first witness was ". F. Jones,
deputy collector of the port of Boston.
lis testimony together with that Of
| Walter N. Collins, clerk in the custom
house, and that Of Ernest B. Grant, U.
| S. shipping oommi missioner, was offered to
establish the identity of the ship in the
case.
Hon. D. II. Ingraham, United Stat es
consul general at Halifax, told OF the
Arrest of the crews Of the Fuller at Hall
| fax and of their examination and their
departure for Boston. Mr. Ingraham was
questioned by Lawyer Cotton regarding
| Che GROSS examination of Bran by counsel
for Lester Monks at Halifax.
At this IAint the court took a recess
until $50 p. m.
| Mr.. Ingraham identified the log book
shown him by the counsel as the one he
had taken from the Herbert Fuller, and
sent sealed to United States District
Attorney Hoar. The book was held for
| evidence.
N Thomas Klein, police officer at Hall
! fax, who accompanied the prisoner from
Halifax to Boston, testified to the trip
when he conducted the crew and pas
/ Of q En1lpr
| Alfred Ellis, first mate of the steam
shin Halifax, testified to the passage of
| Bran.
james Il. Waters, deputy United States
marshal testified to meeting the steamer
| Halifax when it arrived at Boston with
the persons who were on the Fuller and
| together with other officers, conducted
them TO station, No. l. Mr.. Cotter
closely questioned the witness In regard
| to any effects handed over to him belong
| ing to the people in custody at that
| time. MIR. Waters recalled the paper tax
en- by Attorney Hoar. Mr.. Casey showed
| him a paper which the witness recog-
nized. 1t was the discharge paper OF
Bran's from the steamship Manlon at
Liverpool in May. 1896.
| Cant. Game of Station testified to as
sisting TO take the accused and other
members of the Fuller from the steamer
| Halifax, also in assisting to conduct
| them to the federal building.
Henry N. Nash of Boston, brother of
the murdered captain. said the last time
ne saw his brother was when he sailed
from Boston. July 5. He gave descrip-
tion of Capt. Nash, also of his sea far
| ing life. He gave an account OF how
! Captain and Mrs. Nash spent the six
weeks previous to the sailing of the Her.
bert Fuller from Boston on the voyage
in this case,
| Jas. A. Ross, photographer from Hall
| fax, said he had taken pictures of the
Herbert Fuller. MIR. Casey presented
eight or ten photographs to the witness.
who said he took them at the time the
Fuller was in Halifax harbor after the
| tragedy.
These were accepted. Some others off,
cred were objected to by the defense on
the ground that changes mighv have tax
| en- place between the time of the tragedy
| aft sea aud the taking of the photographs
Mr. Honr cited cases where photographs
were taken at times reasonable, after
the murder and that they were accepted
as evidence. There was considerable dis
cussion over the photos showing the
situation of the interior or two rooms
taken August .. The photos were accept
ed for Identification. G6
Mr.. Ross said he took August the
pictures by order of United States At
torney Hoar. and those ON July 2 out Of
curiosity. The witness was questioned
as to the position of his camera when he
took the photos exhibited in the court
Mr.. Cotter presented some of the photos
| to the witness, which he identified as
taken by him. These were put in evil
denoe. After no stated the date on which
| Shey were taken and the position of
his camera the court adjourned.