Daily Kennebec journal., 1897-01-18
MATE iBRAM'S CASE.
The Motion for 4 New Trial viii Be
Argued at Boston, Jan. 20.
Another Man Thinks Capt. Eyrnes' Id. ntiiica.
tion Of Bran is Correct.

boStoIl, jan. II-Bfam prayS the
court to arrest Judgment in his case.
In the discharge, of their duty to their
client, Messrs. Eotter and Asa p.
French filed in thegclerks office, of the
United States cffc1it court, Saturday,
a further motion booking to an ami
hilation of the verdict of guilty" which
the jury pronouf1ced upon their client.
Thomas NJ. Bram, at the trial, last
month.
The motion now filed seeks to arrest
the judgment of the court ever conse-
quent upon a verdict of conviction by a
jury. The motion to arrest the judg-
ment is based upon some ground of
legal defect apparent upon the record
of the case.
1t, in legal substance. says that the
judgment of the court should not be
pronounced upon the prisoner, though
| legal objections lie to the Indictment
or else to some other vital pleading in
the case.
The specific grounds relied upon by
Bram's counsel in this motion are not
known, because like pending motion for
a new trial, this motion was placed
away among the private files of the
clerk under the order of the court, and
is not open to public inspection until
the day for hearing it, Jan. 20, arrives
The motion from it's nature applies to
apparent record defects in the case
II generally aims at alleged defects in
the indictment. such as the alleged
want of sufficient certainty as to the
allegation of time or place of the COM
mission of the alleged crime. The
overruling of such motion allows the
verdict to stand, and exposes the de-
'endant to sentence on that conviction.
The defendant may take an appeal
rom the decision of this court to the
United States supreme court.
The effect of granting the motion is
% set aside verdict or it may be to
ward a verdict of acquittal upon that
particular indictment. though such
verdict will not be bar to a new in
lictment. The judgment sought to be
lrrested is the last judicial step by the
;ircuit court in the case. namely, the
sentence consequent upon legal and
proper verdict of guilty" The motion
will be argued before the court, with
he motion for a new trial. on Jan. 20.
Seaman Otto Roswell, a Swede. is
aid to agree with Can't. Thomas Byrne
If Wellfeet, of the Mary Sanford. in
linking that Mate Thomas Bran is
IDENTICAL with the former belligerent
ook of that schooner. who Capt. Byrne
avs. attacked him on shipboard.
Roswell was shipped at Hamburg as
me of the crew of the Sanford, in the
all of 1892, and says he escorted the
.ook around there. he being able to
peak German. while the cook was not.
The cook then went under the name
# H. Il. Greceschky. The whole crew.
vas DISCHARGED at Hamburg. including,
he cook. Roswell saws the published
descriptions of Bran ccrresponded ex-
.ctly with the cooks physical appear
nee and manner Roswell has not vet
Ii NAV not be ont of place to saw
light here that there are others" who
hink that Bran is identical with bad
1en with whom they have sailed.
MANY such stories have been waited
O the ears of the United States district
tttorney. They all have been. or will
,e investigated. There ale so many oi
hem that it takes time to look into
hem all. and the district attorney has
,ut lust returned from the weeks rest
which the exhausting labor and ex-
tement of the trial entrailed upon
him. 1t is safe to say, however, that in
lis absence his assistants have not