Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-02-10
EYES ON CEILING.
Mate Bran Hears the Motion
for New Trial Denied.
Court Finds that He Had Fair Trial
and Was Legally Convicted.
Only Hope Now Rests In New Motion to Be
Argued Today.

Boston, Feb. 9.-Thomas Bran was
brought into the United States circuit
court. this afternoon, before Judges
Colt and Webb. 1t was the deciding
hour as to whether all the previous
steps and conclusions of his trial
| should go for naught, be obliterated or
should stand as valid, with the awful
| consequences to arise out Of his con-
viction Of the murder of Captain Nash
on the high seas. The crowd was thin
in comparison with that in attendance
at the previous hearings. Bran was
| brought up from the Charles Street
Jail and arrived in the marshars Office
| at p. M. He was led into the court
room at 2.20 O'clock, the hour fixed for
| rendering decision. The judges took
their places on the bench punctually
and the counsel were prompt to arrive.
The decision was held by the court
1t was an exhaustive treats Of the
| grounds, the evidence and legal au-
thorities bearing upon the motion for a
| new trial, and was 16 typewriter
pages in length. Judge Colt read the
decision.
Bram's personal appearance was
much the same as during the trial. ex-
| cept that there was. perhaps, a slight
~ increased pallor of countenance.
There was the same outward de-
, meanor, and when the handouts were
| removed, he assumed the attitude
which became SO familiar. weeks ago.
While waiting for the court he held a
whispered consultation with Counsel
Cotter
Judge Colt, in rendering the decision.
took up the motion by its various conten-
tons. dwelling first upon the claim that
some jurors Were disqualified because of
pre-judgments and previous expression
OF opinion. He said that an impartial
jury Is always essential and 1t Is the first
duty. Of the court to determine such inn
Partially. In this case every Juror was
carefully examined all the objections
were heard all the challenges determined
any .pre-judgment or any disqualification
on the part of any juror.
Second as to the alleged misconduct of
the jury in the jury room, there are affi-
davits of one or more jurors, and the
foreman testified to some things which
occurred. The general rule is that Jurors
cannot impeach their own verdict and
that discussions in a jury room are secret
and inviOlate. This rule does not apply
to extraneous influences since it had
been decided that jurymen may testify
in the explanation of charges made from
outside the jury room. The court does
not rule that this testimony is admissa-
Bile. and We're il admissible. it does not
show any irregularity.
Third. it is further urged that there
We're improper communications from the
outside. that one of the officers of the
court. Bailiff Harrington. gave one jury
man to understand that he would find IA
communication in his hat indicating
court has only the severest condemnation
for the action of this officer, which is ut
terly without excuse. But the question
arises. did this action have any. effect
upon the jury? A careful examination
convinces the court that it did not and
there should be no setting aside of the
verdict on this account.
In regard to the finding of u newspaper
by one of the jurymen in the elevator. it
is shown that he did not even know the
name of the paper, that he did not read
the paper over to the officer. This was
the end of the whole thing. and there is
certainly no reason in this for setting the
verdict aside.
AT the beginning of the trial the mar
shal was ordered to provide whatever
was necessary for the comfort of the ju-
i'll and who had the attendance Of a ply
stefan. it is shown that nothing took
place which was not regular. Nothing
was said not professional. 1t is not re.
medical treatment.
At their meals there were walters or
servants, but none of these had any con-
versatiOn with the jurors. Then 1t Is
said that the bailiffs slept in the same
apartments with the jurors. 1t would
have been better could it have been ar
ranged. no matter at what Inconvenience.
to have avoided this. but the nature of
the oath of the officers kept them con-
stantly, near the jurors. Nothing is shown
that they in any sense violated their
oaths. and the verdict should not be set
aside on this account.
As to the objections made to the argu-
ner. tone voice and personal zeal. it may
be said that all these depend upon tenn
permanent, and no person has control over
these No objection was made during the
argument. but once, and the manner of
the argument was at once discontinued.
There is no ground for setting aside the
verdict on this ground: The. jurors at the
beginning were carefully instructed by
the court as to what weight they should
give the arguments of counsel.
The objection to certain expressions
invites attention. In every case of objec-
ton. the expression was at once with
drawn, and as to the claim that there
of the court to the interests of the de-
PENDANT. II careful examination of the
record will disabuse ones mind on this
point. The phrase concerning manufact-
ured evidence was at once stricken out,
and the other phrase concerning a far
fetched argument. which has been al
indeo TO- was wfndrawn, All sd anese t Ee
ory that the court has no other duty than
to preside at the trial and maintain or
der. 1t is clearly according to recent de-
cisions that 1t is the duty of the judges
to assist the Jury in all legitimate ways
in arriving at it's conclusions. 1t does
not appear that the court In any way
transcribed its province.
Judge Colt In closing, paid high com
pliment to the jury for its patience dur
ing long and tedious trial and said: I'VE
do not see how the jury could have ar
rived at any different verdict. 1t Is inn
possible that in trial of such length
some slight Irregularities should not Oc-
cur, but there were none in view of the |
court that are suflicient to vitiate the ver-
dict. The motion for q new trial Is there |
fore, denied
When the result was announced, Bran !
acted much the same ~ when the verdict |
was announced. His eyes turned to the |!
ceiling and his gaze remained there some |
minutes. He wet his lips and seemed
greatly disturbed. With his lips tightly /
closed he turned his eyes again to the
ceiling and tears came into his eyes. Mr.. |
French, for the defence stated that he
was prepared to waive the motion for ar
rest of judgment. This left butttw mat !
tiers to be considered: The motion for a
new trial on the ground of newly dis
covered evidence; and the bill Of excep-
tions.
Mr.. French excepted to the several re-
fusals of the court to rule upon the mo-
ton for the defence. The court while
not allowing the exceptions. stated that