Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-01-22
BRAN HEARING.
Had Some Of the Jurors Pre-
judged the Case?
Counsel Fight Bitterly Over the In
PRODUCTION Of Testimony.
Judges Admit Some and Exclude So me-Case
Again Continued.

court at 10 A. M. District attorney
objected to the form of summoning
witnesses for the defence. and Judge
Colt said the court would issue any
order it deemed proper. The matter
over which there was so much discus
sion previous to adjournment, yester-
day, was decided in favor of the de-
fence. Judge Colt announced that
Foreman Jack could tell about the pro-
ceedings in the jury room and what
Juror Booth said about the scrap of
paper given him by court official.
Mr.. Jack was asked by Mr.. Cotter,
Bram's counsel, if he and juror Briggs
engaged in a conversation concerning
the defendant. The question was obs
jected to by District Attorney HOar,
who declared that the proceedings did
not allow such testimony as converse
ton between jurors to be admitted
Judge Colt at first stated that Mr.. Cot
ter could proceed with the question but
was interrupted by Mr.. Hoar. A con-
sultation between the judges followed,
and Judge Colt stated that the court
had reversed it's decision and decided
to exclude the evidence relating to con-
room. This was a victory for the, gov
eminent, Mr.. Cotter did not proceed
further with the witnesses, who left
the stand. g..
Patrick H. Concannon was put on the
stand in connection with the claim of
the defence that one of the jurors, Mr..
Briggs. had prejudiced the case. The
witness could not remember hearing
anything said by Briggs regarding
Bran.
Edgar l.. Bean. a reporter, testified
that he and another reporter mad a
conversation with Mr.. Briggs. Jan. 2.
after the termination of the trial. Mr..
Hoar objected to the. witness telling
what the conversation was about, and
the objection was in part sustained. Mr..
Cotter tried in various ways to get the
witness to state what Mr.. Briggs said
regarding the case. but the court ruled
that the questions were too board.
Several other witnesses testified in
the matters outlined by the afiidavits
regarding what was said either before
or after the trial by jurors.
Mr.. French and Mr.. Hoar hau quite a
long argument over the filing of new
specification, in which the lawyers for
Mate Bran find fault with a certain
part Of District Attorney Hoar's argu-
ment to the jury which convicted Bran.
Mr.. Hoar said he believed it unjust to
him to keep filing new specifications,
which the government not given him
due time to meet. Mr.. Cotter said he
would not file any additional specifica-
tions. The judges admitted the speci-
fication in regard to Mr.. Hoars argu-
ment.
Foreman Ronaldo Jack was again
called under examination by Lawyer
Cotter. and stated that physician was
called to attend Juror Green. during
their confinement, but he could not
state the day. The physician was with
Green for 10 or Is minutes. Several
questions which Lawyer Cotter asked
were excluded and exceptions noted.
Lawyer Cotter-Did you hear Briggs
say, the week before the charge was
given, that he thought Bran was
guilty?
Judge Colt-Excluded. exceptions
noted). The next witness was Juror
Warren N. Blake.
Mr.. Cotter-Did the officers eat in the
jury room with you on the Friday
night you We're given the case?
Witness-Yes. Deputy Mcdonald, the
two baliffs and the waiter We're in the
room.
Baliff Ruhl was called again.
Lawyer Cotter-Did you report to the |
defendant or the court that a paper
had been shown you?
mo. sir
Were you present after the case
was given to the jury, in the jury !
room?''
Yes, sir. l was in the jury room at |
every meal as well as Deputy Nc |
Donald, Bailiff McGonigle and two
walters"
How long would you be in and the |
walters also?"
About half an hour"
Mr. Hoar-Did you report that paper |
to my office?
mo, sir. Not till last Tuesday"
Did the walters ever talk to the |
jurors?"
mo, SIR
Edward P. Barry. a Boston Herald !
was recalled.
Mr.. Cotter-Did Juror Briggs tell you
that he saw paper, while the case |
vas being tried?
Yes, he told me one day during the !
rial that he picked up a paper in the :,
elevator of the Quincy house and put |
n his pocket. Although the tempta-
ion was strong he said he remembered |
lis oath and turned the paper over to
mo of tho haiIiffc"
Daniel W. Bond was called He was
me of the venire called at the October /
sitting of the circuit court, and he |
Knew Juror Briggs. as they sat
ogether on a civil case. Heo then
alked with Briggs about the MUIR
lers and they agreed that Mate Bran !
vas guilty.
Lawyer Cotter stated to the court !
hat he had run across some testimony
which he believed might he important
o his side of the case. He said news
,aper reporter named Daggett had in
lis possession the names of two jurors
whom he heard say that Bran ought
o hang and they hoped they could see
Continued on page 50 :. =