Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-01-25
FIGHT FOR LIFE.
Hearing on the Famous Bran
Case Continued at Boston.
District Attorney Hoar to Replies to
Argument Of Counsel French.
Hearing Adjourned Until Today when II 10
Expected to Enc.

Boston. Jan. 23--The fourth day of the
for Thos. NJ. Bran for a new trial was
begun in the circuit court room at 10
o'clock this morning, Mr.. French con-
Guided the reading of his citation at 1872
and then District Attorney Hoar began
ms closing arsument. Mr.. Hoar opened
by crlticisinS the stand taken in the case
by some OF the newspapers: Referring to
Mr. frenchs attack upon him, Mr.. Hoar
said he believed it was only done in q;
friendly way and continuing he said:
Without meaning it, perhaps, / may
nave done that man an injustice, and If
any injustice has been done by anybody
impiore you to grant him justice. il you
think he has not had fair trial. If ever
however. 1 think it Is Thames NJ. Bran"
Mr.. Hoar thought that the safety of
the ,hea men sailing Sndar fha IsssFy ssE tag
on this petition for a new trial. He eau
toned the court not to make any guesses,
put to follow only the evidence in the
In him to to reply to Mr. French BY criti-
ns c9ntihn na id he sid IN part I did the
! closed up. Il called this man a devil,
| did 1t, your hon6r. and meant it, for
ne was devil l had right after his
brutal and the acts of a maniac, and
don't. let us get away from the terrible
details of this case. After long and
Bran guilty.
Il say l never attacked that man, I'M
I'll after all the evidence. was in and his
ment Mr.; French said that the man who
did the deed was n demon. Said he was
a devil District Attorney Hoar read an
ney General KnowIton, in a murder case.
TO SUPPORT his claim that his language
was proper. Here the jury stayed out 26
hours IN spite OF my argument. a.,
1t is not enough to allow a slip of the
attorney for the government to set aside
a verdict and you must be sure that the
slip did substantial injustice to the de-
tendant. The defence should have OBJ
Jected to my argument at the time it was
delivered" Mr.. Hoar said he thought il
would again be impossible to get an un-
pre1udiced jury to try Bran. z
AS | understand the law" he said, "a
comment on the evidence and judges are
that justice is done to the defendant.
They have if they hear counsel misstat-
ing evidence. a right to correct them. I
Webb in this case"
Mr.. Hoar read a number of citations
and entered into long argument to show
opinion that the log book and duplicates
which Bran had written were manufac-
Frequently Judge Webb offered a word
Of explanation to assist the district at
torney's explanation of his actions. Judge
Webb himself said: MIR. Hoar speaks of
no attack i noada Oh me, Ihere mas been
criticised some of my words. but in
yited that but was glad to see their In
dependence"
of the counsel at the bar, If an at
tack was made on me l, would not be
mere silent and simply want to disabuse
the idea of any attack
Mr.. Hoar said that he only used the
word attack in a general way. He said;
The charge of Judge Webb was SO fair
ana SO impartial that the two astute
lawyers for the defence did not object in
any way to the charge. thing surpris-
ing In such an important case. and If.
juror and a former client of Mr.. Cotter's
and who said he heard Juror Ford talk
in Mr.. Collins store, but was not here to
go on the stand himself. a verdict is to be
overturned by single juror. the jury
trials will not be of much use.
both. you will admit evidence which you
exclude orally and you admit evidence :
when the government could not cross ex-
anime and you have rejected the testi-
mony of persons here who could have
been cross examined
garding the half pint of whiskey "Say
I hat that affidavit is not worthy of Gre
dence. There is not evidence that Il half
pint of sand. milk water or anything
else went into the jury room ana it is not
sufficiently proved that Harrington wrote
that note or put it in Booths hat. Booth
said be got the paOer on Dec. Is. and yet.
according to Ruhl and Jack, he did not
show the paper for week. Can such a
slip of paper be supposed to have an eff
feet on the mans mind?' A recess was
taken to 80 O'Clock.
After more talk by Mr.. Hoar. the court
adjourned until Monday morning at 10
n clock