Spirit of the age. [volume] (Woodstock, Vt.) 1845-1913, 1897-12-18
GETS NEW TRIAL.
Mate Bran to Have Another
Chance for Life.
Resume OF Crime of Which He IL
Cha' ged-Many Opinions.

WASHINGTON, ID. g., Dec. l6-Mate
Bran gets new trial The supreme court
Of the United States has reversed the deci-
sion OF the United States circuit court at Bos-
ION, and the celebrated case involving the
murder OF the captain, mate ind captains
wife of the bark Herbert Fuller, will have to
DE- tried again. Bran WAS convicted Of the
murder OF Captain Nash and sentenced to be-
hanged, but an appeal to the supreme court
1f the United States stayed the execution.
The decision Of tine curt W Is not unanimous,
standing to 3. Chief Justice Fuller was
1ne OF the dissenters. The new trial was or
dared because the so-called confession" OF
iram to Detective Power at Halifax
had been unfairly obiained and improperly
admitted Us evidence. This point of the
case was not the thing that Bram's counsel
relied on for new trial. They pinned their
faith principally on these two points: that
Judge Webb was unfair In certain remarks
made to the jury about Bran and that he
therefore, prejudiced the minds of the jury
against Bran; that the jury was not fairly
chosen, AS IA jurors that had been drawn
from Cambridge had not been sum
moned. the supreme court decided that
those two points were not well taken The
murders took place on board the briyantine
Herbert Fuller, on July u, 1896. Captain
Charles Nash, his wife, Laura Nash. and
August Blamberg, the second mate OF the
vessel. being the victims. The trial took
place in Boston and Bran has been confined
in the jail there since July 20 of last year, and
with him there, although enjoying little
more freedom, are seven sailors, who were
on board the vessel when the murders
were commit d, and who we're unaplO
fore the court OF witnesses. These men
have in a measure served u sentence, not
because they committed any crime, but
because they were poor and had no friends.
They are not TO be pitied, however. AS they
have had almost the freedom OF the city and
have been paid well and we'll cared for.
Each will have snug sum OF money when
he comes out. There were two other men
on the vessel, Lester Hawthorne Monks OF
Brookline, passenger. and jonathan
Spencer, the c0lored cook. These two Sc
cured bail. The vessel left Boston on July
7. 1886, and was five days out when the
murders were committed In the early hours
Of the morning. Then 1t was that the
bodies OF the captain, his wife and the
second mate were found Ia their hunks by
passenger Monks, who was also in the cabin,
but who escaped with his life. All that took
place on that eventful voyage to Halifax of
the men Oh board. who looked at each other,
wondering which of their number was Il
murderer, OF the suspicious and charges. OF
the sewing up OF the bodies and to wing them
III thC Icut VI tHc ftsStl Ill u DDut-hll tUlS
was gone over and over again at the trial;
also the arrest OF Charlie Brown, who was ut
the wheel when the murders were committed.
Witnesses told how lie was chained to tho
mast, but would not tell what he knew for
some days; how he finally charged Bran
with the crime, saying that he saw him kill
the captain and how Bran was overpow ered
and chained to the mast and delivered over
to the authorities when the vessel arrived
at Halifax. Then there was evidence about
Bran wanting to fix the log of the vessel OF
his actions before and after the crime, OF his
sayings and doings from the time he left BOs-
ton until he appeared In court. The trial
began Dee. IA and lasted until Jan. 2 of this
year. There were witnesses by the score on
both sides Of the ease, and there was much
expert testimony There were questions
that no court ever had to deal with before.
and day after day sensations were sprung In
the court room. There was evidence on
both sides, for and against, as to whether
the ship would sail with the wheel dashed.
under the conditions which existed at the
time OF the murders. There WAS evidence In
regard to the lights in the cabin and
what could and could not be seen there.
There WAS no direct evidence except that
given by Charles Brown, the wheelsman,
who, before the trial was ended was identi-
fled as Justus Leopold Westerberg. This
man became one OF the most interesting
III tuc ITidip anu d. tiIleS tueT6
was the greatest doubt in regard to
the guilt OF Thomas Bran. The defence
claimed to show that Brown had as much Of
an opportunity to commit the crime as had
Bran, and when Brown record was brought
from across the ocean and Counsel French for
tho dofanoa startlod tho court by what DO
came known as his Clutch bomb" there
was u sensation rarely seen in a court room.
But the jury found Bran guilty OF the
charge of murder. When the verdict was
brought In the city was thrown into spasm
Of excitement, and people ran through the
corridors OF the Federal building like wild.
1t was generally expected that there would
be disagreement. Bran, who had made q
great showing during the trial, and delivered
what might be considered a lecture from
the witness stand at last broke down and
wept. Then came other legal contests
Counsel Cotter instantly filed motion for
new trial on the ground that there had been
Irregularities In the jury room. Judge Colt
delivered the only sentence possible under
the verdict, and Bran was doomed
to be hanged In the Charles street jail
on June 10. Meanwhile the exceptions taken
at the trial had been gone over and for
warded to the supreme court at Washing
ton. They could not be reached until Oc-
tober, and Bran was again brought into
court and the death sentence postponed.
Now the trial must be gone over again.