The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1897-02-10
TEARS IN BRAn'S EYES
When He Heard Decision Against
Him Yesterday.
UNITED STATES COURT REFUSES
TO GRANT NEW TRIAL

Grounds for the Petition Reviewed
Minutely-Decision Covers Sixteen
| Type Written Pages-Jurors Com
| mended for Their Verdict and Told
They Could Not Have Found Any
| Other.
| Boston, February 9.-Thomas Bram
was brought into the United States cir
cult court this afternoon before Judges
| Webb and Colt. 1t was the deciding
houi as to whether his trial should so
for naught, be obliterated, or should
stanl as valid, with the awful conse-
quence to ariss out Of his conviction OF
the murder of Capt. Nash Oh the high
seas. The crowd was thin in. compari.
son with that in attendance at the prsvi-
Gus hearings.
Bran was brought up from the Charles
street jail and arrived in the marshal's
office at 2 p. m. He was led into the
court room at 80 O'Clock. At the hour
| fixed for rendering the decision, the
judges took their places on the bench
punctually and the counsel were prompt
to arrive. The decision was read by the
court 1t was an exhaustive treatise of
the grounds, evidence and legal authori-
ties tearing upon the motion for new
| trial. 1t was 16 type witten pages in
| length. Judge Colt read the decision.
Bram's personal appearance was much
the same as during the trial, except thHt
there was perhaps, a slightly increased
pallor Of countenance.
There was the same cool, outward de-
meanor, and when the handouts were re-
| moved, he assumed the attitude which be-
came SO familiar weeks ago. While watt
| ing for the court he held q whispered
consultation with Council Cotter. Judge
| Coltin rendering the decision took up
the motion by it's various contentious,
dwelling first upon the claim that soEne
| jurors were disqualified because Of pre-
| judgments and previous expression Of
opinion. He said an impartial jury is
always essential and it is the first duty
OF the court to determine such lmpsrtl-
ality. In this case every juror was care
fully examined, all objections were
heard, all challenges determined and
we do not think the evidence shows any
| pre- jn 1gment or any disqualification on
the part Of any juror.
| Secnnd-As to the alleged misconduct
Of the jury in the jury room, there ara
eff1d a9itS of une or more Jurors and the
| foreman testified to some things which
occurred. The general rule is that Jurors
Casnnou impeach their own verdict and
discussions in jury room are secret
and inviolate. This ruis does not amply
to extrane0us influences, since it has
been deeide that the jury may testi-
fy in explanation of charges made from
| ci1 ba
not rule that this testimony is admis-
sable, and we're it admissible it does not
show any irregularity.
| Third-It is further urged that there
were improper communications from
outside; that one of tho court officers.
Bailif Harrington, gave one luryman to
unders stand that he would find commu-
n1cation in his hat. indicating where he
may obtain whiskey. The cnurt has only
| the severeSt condem of the action
Of this officer which is utterly without
excuse, but the question arises, did this
action have any effect upon the Jurys
careful examination cunytnces the court
that it did not In regard to the find
| ing of newspaper by one Of the jury
| men In the elsvasor'it is shown that be
did not even know the name ct the pa
| per. and turned it over to an ofh9ef. In
the case of the ir~y who was i'll. and
who had the attsnl oe OF physician, 1t
is shown that nothing took place which
was not regular At their meals tIere
we're walters or servants but none of
| these had any conversation With the
| jurors.
Then it is said the bailiffs slept in the
same apartments with the Jurors. 1t
/ would have been better could 1t have
been arranged, to have avoided this. but
nothing is shown that they in any sense
| they violated their oaths. AS to the OBJ
| n a tn DISTRICT
attorney, to his manner, tone, voice, per-
soIiai zeal, it may be said all these de-
| pend upon tenn mperament and no person
has control over these.
| No objection was made during the
argument but once, and the manner OF
argument was at once discontinued.
| The objection TO certain expressions
made by the judges. during the trial
also invites attention. On objection the
expression was at once withdrawn and
as to the claim that there was any hos
| tility or prejudice on the part OF the court
| to the interests Of defendant careful
examination of the record Will dlsaouse
lections proceeded unon the unsound
theory that the court has no other duty
| than to preside at the trial and main
tain order 1t is clearly according to re-
cent decisions. the duty. OF judges TO
| assist the jury in all legitimate ways in
arriving at It's cOnCluSioHo- ~ UoOs HUI
appear that the court in any way trans
| cended it's province.
Judge Colt, in closing. paid a high
compliment to the jury for Its patience
during long and tedious trial and said:
eve do not see how jury could have
arrived at any different verdict,
''It il impossible thnt in a trial OF such
| length some slight irregularities should
not OCCUR But there were none IN the
view of the court in this sufhcient to
vitiate the verdict.
"The motion for new trial is there
fore, denied
When the result was announced, BRAN
acted much tho same as when the YER
dict was announced. His eyes turned
to the ceiling and his gaze renamed
there some minutes. He wet bis lips
and seemed realty disturbed WIN MS
lips tightly closed he looked again 70
the ceiling and tears came INTO ms eyes
Mr.. French. for the defence, stated that
he was prepared to waive the motion Tor
arrest Of Judgment. This LETT. pat TWO
matters to be considered, motion for
new trial ON the ground Of newly us