Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-02-13
9ails gs,ikshef ypusus1.
BRAN loslHs HeARr.
Motion for New Trial nsalsd-wiIl Now tn
Supreme Court.

3 81
BOSTON, Feb. 1e.-Bram's last motion for
q new trial is denied, the court holding
the alleged newly discovered evidence Ia,
6e only cumulative. The alleged new evil
the barkentine Herbert Fuller. regarding
the View Of the cabin by a man at the
wheel, made at Empire store docks in
BROOKLYN; last Saturday night by direc-
Cotter N- $1,000 -
The motion for new trial was sup
ported by dispositions of Spencer. who was
steward on the Fuller at the time or the
tragedy. and who assisted In the ex-
periments at Brooklyn; William Downey.
snip carpenter of Brooklyn, who was
present during portion Of the tests and
LOOK certain measurements, and Eugene
messenger ship carpenter of Halifax
VINO was witness In the recent trial.
anu who testified to certain measure
ments made by him.
When Bran was ushered into the dock
instead Of turning to- the front as he was
won't TO do and face the court or to cast
i LOOK around the room, he sat down on
the settee. leaned far back in the corner
OF the settee, placed his arm over the
naek Ok It, and turned his eyes to the
wan. Ihey rested on point between the
| came the long steady gaze which those
| IN the court room noticed when the
| Iormer decision was announced. The
| ana tears stood in his eyes all the time.
Inc contrast between the man who sat
| IN the dock during the trial and the
| man today was most striking
The court room was crowded when
Judges Colt and Webb took their places
on the bench at II O'Clock. The only
| business before the court was the render
ing of the motion for a new trial and this
was done by Judge Colt. The court held
\ that the evidence offered by the defence
was not newly discovered evidence in the
| Spencer and Messenger testified at the
term trial as to the ability of a person
standing in a particular. part of the YES
SCI, TO see INTO the cabin. as also did
| Besides the court held, by the exercise
| of reasonable diligence. counsel for the
defence could have had the alleged new
! evidence for production at the trial. and
| also for this reason, under the rule of
/ law making newly discovered evidence.
| in the legal acceptation of the term, since
| the term trial as to the ability of per-
| son standing in a particular part of the
1 vessel. to see into the cabin. as also did
| Brown, the chief government witness.
| Besides the court held by the exercise
4 of reasonable diligence, counsel for the
! defence could have had the alleged new
evidence for production at the trial and
| also for this reason, under the rule of law
Il making newly discovered evidence a
ground for granting new trial, the mo-
| ton must be denied.
AT the conclusion of the decision Mr..
French of Bram's counsel. stated that
| the defence was still in doubt as to how
| far they have a right to preserve eX-
| ceptions but desired to save all the rights
| the defendant may have in the premises.
| Mr.. French said he would except if per-
| mitted, to the ruling of the court on the
| motion.
The court decided to come in next Tues
| day at II O'Clock, when counsel for the
defence will be allowed to file the reason
for their objections to the decisions OF
I the court, the objections will be noted
and new bill of exceptions may be
drawn. The next step will then be an APP
at Washington. This court will sit up to
the last of May to hear cases argued.