The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1897-01-02

Boston, Mass, January 1.-Thomas M.
Bran wore an anxious look as he came
into court this morning. There IS no
Dlistaking the fact that he is undergo
ing severe mental strain, and that it's
effects are com mencing to be seen. Bran
LOOKS thinner today than he has any pre-
ceedfng period. In the race for places
in the court room the women seem to
have come out ahead. fully four-tfths of
the spectators being of the fair sex.
District Attorney Hoar resumed his
argument Immediately after the Judges
had taken their seats. He assailed Bran
in the beginning, first calling attention
to the plucky conduct of the negro,
Spencer, and saying that Bran showed
none Of that mans courage. Spencer
was not man to clasp the knees of peo-
pie; be did not ask whether there were
any Free Masons on board, nor did be
make any signals Of distress. He went
to work and did just what Bran ought
to have done. He went to see what was
the matter on board. what had happened
to those people, and how they had been
killed. He did not know how many OF
the crew were aft. He knew that only
Lester Monks and Charley Brown oonld
be aft of him, beside the dead bodies.
He went straight down there, went to
FRANK Lobeao, saw the captain on the
floor. went around and got revolver, and
went straight into that cabin.
Having assured the jury that, if they
left Bran uuoDnvicted. murder ON the
high seas would forever go unpunished.
Mr.. Hoar asked why Bran had put up
that story about the second mate being
forward. That one statement was enough
to convict him, because he knew that
man was down stairs. And why did
Bran not bring that lantern forwards ?
Why did he leave 1t in Lester Monks's
| roomf 1t was for the mighty good reason
because II he brought it back, Lester
Monks's eyes might have lighted on the
body OF the dead second mate, and that
would have started an inquiry.
MIR. HoBr went on to describe the move
ments of the car tain and his wife on the
eve Of the muraeI. He dwelt at length
on the charge that Monks had commit
tsd perjury, contrasting the passenger
with Bran. He defended Brown and
Monks from the impeach ments brought
against them by Mr.. Cotter, and contend
sd that their evidence WAS truthful and
sufficient to warrant the conviction of the
prisoner. Bram's story, he said, was
no5 borne out in any essential partieu-
lar. He took up tho alleged claim of sal
wage and said the sailors had not claimed
any, and had no reason whatever to tes-
tify against Bran, other than what tn
knew.
The lashing of the wheel was gone into
about 20 minutes afrer the court opened,
and Mr. Hoar said that the men on board
did not lash the wheel while they were
wsat he called the antiquated sea cap
ans Of the defence. who had left the sea
eff )re he WIS bonn, as having testified
tn"5 the wheel could be lashed. He
claimed that the captain was the only
man who could take the risk of LASH
ing the wheel, and Brown would nsver
have done it with Brain sitting on the
lee rail.
The attorney, in speaking of Brown
seeing visions. said it was natural.
Wouldn't you see visions of these people,
he asked, ii you had seen them horribly
murdered?
Mr.. Hoar spoke for upwards of half
an hour and closed with an eloquent
appeal to the jurors to do their duty
under their oaths and return a verdict
of guilty against Bran. At his oonclu-
sion recess of five minutes was taken
and then Judge Webb delivered fhe
charge TO the jury.
Some little time was consumed in rnt-
ting in the exhibits, and it was 1.25 VIII n
the jury retired. The court adjourn d
until clock.
In his charge Judge Webb said the jury
must determine their verdict upon the
evidence submitted and must not be
influenced by any argument of counsel
only as such argument is supported by
its evidence 'Let not the much talked
of suspicious govern, for they are not suf-
fcient," be said.
Continuing, Judge Webb explained
whas constituted murder. Malice. he
said. Is an essential part and the act
must be done wi1fully and with intent.
The oaly question the jury has to de-
eide, he said, is to the death of Capt.
Nash. They are simply to deter mine