Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-01-26
THE BRAN HEARING.
Governments Counsel Asserts that Bran Was
Fairly Tried and Should Suffer.


trial in the case of Thomas NJ Bran was
continued. today. District Attorney Hoar
addressed the court, stating that six wit
nesses are confined in the Charles Street
jail and must necessarily stay there until
the matter is definitely settled. He asked
the Court to be as expeditions in the
cumstances would allow
Judge Colt stated that they would take
Mr.. Hoar's suggestions into mind and
reach their decision as quickly as pos
exceptions taken by Bram's lawyers at
this hearing. and after consultation the
court gave Mr.. Cotter and his associates
until Thursday morning next to prepare
their bill of exceptions. 1t was also de-
cided that Mr.. Hoar should have one
week in with to prepare his reply to the
exceptions.
Lawyer Cotter then began the closing
argument. He said the constitution of
the United States says that Thomas M.
Bran shall have a fair and impartial
not had. as several of the jurors had pre-
JUDGED the case. and he called attention
10 the turning of the jury room into
either a banquet hal or "A mess room,
and that court officers and walters had
eaten with the jurors This he claimed
was not legal. He spoke of the. handing
to one of the jurors the "half-pint note
States to protect the jury from outside
interference and he believed the note
was clphef dlSpatch. IL meant some
thing.
There is no excuse there is no justi
fication for it." said Mr. Cotter." He was
employed in the same building with the
district attorney and We have a right to
infer whether it was done for the inter-
ests of the government or the defence
1T is argued that the walters did not
talk with the jury. that officers were
present. Officers were also present when
one of the jurors was given a paper in
an elevator. without the officer seeing it.
Then the walters had an opportunity to
communicate with jurors fully as easily
without being seen by the officers. the
walters having been in the room from
half to three-quarters of an hour at each
meal.
Quoting the case of Maddox VS.. United
States. in decision by Chief Justice Full
Ter. Mr.. COtter read: Private communi-
cations between the jury and d third
lutely forbidden and invalidates Y YER
dict"
That is our case. Here is onesof the
latest decisions of the supreme court.
to have made out our case under this de-
cision. If Your Honors pass by this note
YOU will establish a dangerous precedent
There is no decision in the state. or the
courts of our country. which recognizes
that note incident as lawful. Instead of
preparing a meal and having it served irp
another room. these irresponsible walters
go into the jury room and interfere with
deliberations
Two men have sworn that Briggs told
them he thought Bran was guilty. but
on the stand Briggs said he had formed
no opinion as to the defendants guilt.
Had he told the truth" Mr.. Cotter said.
he would certainly have been chal-
lenged.'
Mr.. Cotter declared that Juror Briggs
had preiudged the case and that when
he was being questioned as TO his fitness
to act as juror ''he msed US: he deceived
us: he did not tell the truth.
Continuing counsel said Briggs was not
an impartial juror in the. meaning of the
constitution. He prejudged the defend
ant guilty and he deceived the court
Mr.. Cotter referred to Juror Ford's adj
mission that he thought the grand jury
had indicted the right man, meaning
Bran.
Mr.. Cotter took up Judge Webb's re-
mark about Bram's manufactured evil
dence,' and said the statement had. of
necessity, much weight against the de-
PENDANT. Counsel was satisfied, however,
that if Judge Webb thought for mo-
ment that the jury was influenced by his
words he would show his magnanimity
of soul. and grant the defendant Il new
trial.
Why was the remark stricken out by
Judge Webb" asked Mr.. Cotter. 1T
cause it was thought it might do mis-
chief. If the remark was harmless il
should have been allowed to stand; but it
mark to the minds OF, the jurors. 1t did
no good to withdraw The question, for the
harm had been done.
Mr.. Cotter asked a new trial for his
client for the reasons that there is Il
feeling of dissatisfaction abroad, of sus-
picion that there has been intermcddlinE
with the jury and that the trial was not
n fair one. There is a greater question.
he declared. than of a life to be consid-
cred. namely, the regularity of these pro-
ceedngs.
Mr.. Cotter finished at 1880. having spo-
ken two hours and 40 minutes. At the
request of the counsel for the defence.
the Court extended the time in which to
prepare exceptions to Saturday noon. and
the government will have a week from
that day to reply. The Court informed
the lawyers that a decision would be
given on the present motion as soon rs
circumstances would allow