The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1897-01-22
WANTED BRAN HUNG.
Jurors Said 10 Have Talked Too
Much.
AFF1DAyITs TO SHOW THE CASE
WAS PREJUDGED.

Second Day of Hearing on Petition For a
New TriaI-Court Excludes Converse
tion In Juror Room-Hearing Ad-
journed Until Today.
Boston, January 21.-The Bran case
was resumed in the United States court
at 10 a. m. The district attorney object
for the defence. Judge Colt said thescourt
would issue any order it deemed proper.
The matter over which there was so
much discussion previous to adjourn
mens yesterday was decided in favor of
the defence. Judge Colt announced
that Foreman Jack could tell about the
proceedings in the jury room and what
Juror Booth said about the scrap of
paper given him by the court official.
Mr.. Jack was asked by Mr.. Cotter,
Brams counsel, if he and Juror Briggs
engaged in CON versation concerning the
defendant. The question. was objected
to by District Attorney Hoar who de-
clared the proceedings did-not allow such
testimony as conversation between
jurors to be admitted.
Judge Colt at first stated that Mr..
Cotter could proceed with the question
but was interrupted by MIR. Hoar. A
conversation between the judges fol-
lowed. Judge Colt stated that the court
had reversed it's decision and decided
to exclude the evidence relating to con-
yersation between jurors in the jury
room. This was victory for the gov
ernment. Mr. Cotter did not proceed
further with the witness, who left the
stand.
Patrick H. Concannon was put on the
stand in connection with the claim of
the defence that one of the jurors, Mr..
Briggs, had prejudged the case. The
witness could not remember hearing any
thing said by Briggs regarding Brain.
Edgar l.. Bean, a reporter, testified he
and another reporter had conversation
with MIR. Briggs January 2, after she
termination Of the trial. Mr.. Hoar OBJ
jscted to the witness telling what the
conversation was about. The objection
was in part sustained. Mr.. Cotter tried
In various ways to got the witness to
state what Mr.. Briggs said regarding
the case. The court ruled the questions
were too bxoad. Several other witnesses
testified in the matters outlined by the
atfidsvits regarding what was said either
before or after the trial by the jurors.
Mr.. French and Mr.. Hoar had quite
long argument over the fling of new
specification ON which the lawyers for
Mate Bran find fault with certain part
of District Attorney Hoar's argu mont
TO the jury which convicted Bran. Mr..
Hoar stated that he believed 1t unjust
to HIM 10 keep filing new specifications
which the. government had not been given
due time to meet. Mr.. Cotter said he would
not file any additional specifications.
The judges admitted the specialization
In regard to Mr.. Hoar's argument.
Foreman Ronaldo Jack was again
called, and under examination by Law
yer Cotter, stated that physician was
called to attend Juror Green during
their confinement. He could not state
the dey. The physician was with Green
for 10 or Is minutes. Several questions
which Lawyer Cotter asked were. .exclud-
ed and exceptions noted.
Lawyer Cotter-"Did you hear Briggs
say week before the charge was given
that he thought Bran guiltyf"
Judge t-'Excluded." (Excep-
tions noted.)
The next witness was Juror Warren
N. Blake.
Mr.. Cotter-sDid the officers eat in the
jury room with you on the Friday night
you were given tho cassT'
the two bailiffs and the waiter were
In the ROOM"
Bailiff Ruhl was called again.
LAWYER Cotter-" Did you report TO the
defendant or the court that paper
had been shown your"
"Nn sir.
"Were you present after the case was
given the jury in the jury roomP"
"Yos, sir. l was In tho jury room at
every meal as we'll as Deputy McDon-
aid, Bailiff McGonigle and two wait
ers. -
Glow long would you be in and the
walters a!so?"
"About half an hour"
MIR. Hoar-'' Did you report that paper
to my Officer"
"No sir, not till last Tuesday,
Ibid tie walters ever talk to the
jurors?"
"No, sir -
Edward P. Barry. Boston Herald re-
porter, was recalled.
Mr.. Cotter-"Did Juror Briggs tell
you that he saw paper while the case
was being tried?"
"Yes, he told me that one day during
the trial he picked up paper in the
elevator of the Quincy house and put it
in his pocket. Although the temptation
was strong, he said he remembered his
oath and turned the paper over to one
of the bailiffs.
Daniel W. Bond was called. He was
one of venire called at she October
sitting OF the circuit court, and hs
knew Juror Briggs as they sat together
on civil case. He then talked with
Briggs about the murders and they
agreed that Mate Bran was guilty.
Lawyer Cotter stated to the court that
be had run across some testimony
which he believed might be important
to his side of the case. He said news
paper reporter named DagQett had in his
possession the names of two jurors whom
he heard say Bran ought to hang and
they hoped they could see him hang, etc.
He wanted until tomorrow to produce
this evidence.
District Attorney Hoar raised objeo-
tions to this kind of evidence being pro-
duced, as he believed it merely heresay.
lie argued against it's admission at
length. MIR. Cotter replied. The court
ha dnfo