The Portland daily press., 1897-01-23
JURORS ON THE STAND.
DENY Statements Made by Some of the
Afiidavits.

Hearing ON Bram's Petition For New
Trial Continued neutrality-suspicious.
ment Made Until Today.
Boston, January 22.-The hearing on
the motion for new trial in the case OF
Thomas Bran, the convicted murderer
of CAPTAIN Nash of the barkentine
Herbert Fuller, was resumed today.
Ronaldo Jack, foreman of the jury,
WAS recalled.
Lawyer Cotter, for Bran, asked him
If, in the presence Of all the Jurors before
the charge was delivered, Mr., Briggs
stated that he made Masonic sign to
Bran who did not respond; II Juror
Briggs had stated that the defendant was
not Mason and was hypocrite and II
Briggs had stated that he should like to
be present at the execution OF the de-
fendant. The questions were ruled out
on objections.
After unimportantr-e by Daniel
W. Bond, the case for the defense was
closed.
Juror Abel G. Ford was called by the
Q1SGflcG attorney.
He denied that be said before the trial
that Bran was guilty and ought to be
hanged.
Witness stated that before the trial ID
eaid:' Well, Bram is inaiotedand think
they have got the right man now.
The district attorney than called to the
stand Juror Oliver J. Briggs Of Gam
bridge, de denied that he said, "Thsre
L.. ~ + 4, { irlr
bad for Bran, and believe him guilty.
Witness told how he had found news
paper ia the elevator, which he gave to
an officer without looking to see what
the paper was.
The entire evidence was then finished,
aud after recess Mr.. French uf Bran e
counsel, outlined She agument OF the de-
fense which Nr. Cotter will make
Adjourned until 80.
This afternoon Cousel French resumed
the reading of his citations. He took con-
siderable time reading over his specifiea-
tion, consisting TO evidence touching On
the part taken by Judge Webb in qaes.
tioning the witnesses. In speaking Of
the manufactured evidence,
mark of Judge Webb, Mr. Frens
said: "That remark simply acbes. )
poison to the minds Of the jury and it
lid more to fern their opinion than any
other action on the part OF either counsel
in the case 1t does not matter thas the
court ordered the remark withdrawn, Tor
the Jury heard and did not forget. The
tone, manner and inuendoes OF the
district attorney during his argument
were improper, 1t appears to me that
the language was so intense that 1t
touched the bitterness Of personal at
tack on the defendant who had stood uD-
finchingiy for two days on the witness
stand"
ssIn his argument Mr. Hoar made an
improper appeal in raising class dis,
| tinction. He said that ne was the nearest
approach to Spencer the negro. mo"
| there WAS not bit of evidence 20 show
| that BRAIN had any negro blood in his
| veins. One of most wicked things that
| was said was, If you don't convict this
man believe murder will go on the hiaf
seas unpunished. The counsel for tbs
defence still believes that If it swas no'
| for Browns evidence in the case there
would not have been anything ON which
Bran could possibly have been onsicted
| Let us see If it is safe to follow Brown q
| testimony.
sHis statement that he saw the murder
| com uitted is uncorro borated. He bac
an interest to direct suspicion. Hi
antecedeuts, bis false statements, hlt
eouivocations, eo on the stand should throw
out his testimony entirely. The dis
orepancies in time In Browns anc
Loheao's statements should have beer
| ia nj. Brcwn said he saw Bran in tht
cabin about 1.15 to /. 30. Lohenc said b,
saw Bran on the deck constantly unit
f.50."
At AS the court adjourned until ter
| tomorrow,