The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1897-01-01

Argument VIII Be Continued This
Morning.
Boston, December 8l.-The scene in the
corridors of the Federal building this
morning surpassed for excitement any
thing since the Bran murder trial began.
The crowd, composed largely of women,
seemed almost frantic. surging first one
way and then another. The corridors,
both on the same floor and those above
and beneath the court, were crowded SO
that It took the united efforts of the
marshal's assistants and the police
during full-hOuI to clear the passages.
Bra M was led i'll as usual few
minutes in advance of the opening of the
court at one O'Clock. Bran did not show
any more sign of faltering than he has at
any other period of the trial.
Mr.. James e. Cotter at once resumed
his address to the jury when the court
came in, and proceeded to assail Brown
in vigorous terms.
MIR. Cotter talked earnestly, going now
and then into flights of oratory. as he
dwelt upon the dangers of circumstantial
evidence.
The counsel went ON to say that the
mans actions were peculiar upon the
vessel. All were afraid of him. He was
acting under a command that he could
not resist. Jnstus Leopold WesterDerg,
or Charles Brown, was the only man on
board to whom this description applied.
'sIt was a warm night Mr.. Cotter
to wash mis- shirt, to changB that Wh1ch
he bad on, aud put on heayisr one. II g
did this after wearing his clothing with
out change for an entire week. .-z1s
The story of the shooting at Rotterdam
which the district attorney claimed to
have investigated, was not only physical
ly possible, but absolutely true.
Mr.. Cotter again took up the district
attorneys statement to the effect that
there was lurking suspicion that Brown
was the guilty man, and went ON to show
the circumstances surrounding 1t. How
does he propose to show that 1t was I'M
possible for the man at the wheel TO COM
init the murdersS
The burden of proof, the counsel said,
was OH the government. He then TOOK
up the question of lashing the wheel,
dwelling on the fact that FRANK i1ohiac
had seen the wheel lashed which state
ment was backed up by the sea captains,
brought by the defence The govern
ment's witnesses were simply sailors OF
small experience
Monks contradiction of the defendant q
statement then came up. The speaker
said he had his opinion Of a man who had
gone back on his sworn deposition.
Lester Hawthorne Monks had conura-
dictsd, he said, and was now contra-
dicted by Mr. Bran. He again referred
to the actions of Monks when he came
out of the cabin, and had not mentioned
Mrs. Nash. The offense committed by
Lester Hawthorne Monks In his testi.
mony against Bran WAS nothing short OF
downright perjury. .
"That, said MIR. Cotter. lis some
other witness. We must make allowance
for Browns mental condition. Who was
the franker witness, Bran or Monks:
Here was a young man going On board
the vessel for cause he did not frankly
describe TO the court, and now coming
forward to juggle with q mans life
What was his conduct before the consul
general, when he acted the part OF
croes-examiner he was aided in this by
his counsel, and such conduct was re-
uested in Boston. Never was there a
grosser outrage perpetrated in a case
where this grave offence was charged.
"Why was not Monks bound over with
the rest2 Under some mysterious ar
rangement, Brown was brought before
the grand jury. He said line United
States did not wish to take the life OF
Thomas M. Bran, but it was the Monks,
the Browns. the Wester bergs, them
selves suspected, who hal been pursuing
this man since bis arrival In Halifax"
1t Ii no protection to the sailor TO exc
cute a man who is innocent, the counsel
went on. 1t Is no protection to the
officers of vessels to convict mate on
the evidence of combination led by an
insane sailor.
Mr.. Cotter conclud ed his plea as fol-
lows: "If there could be present in the
room at this time the murdered captain,
his wife and the second mate, they would
say. he is not the man who took our
lives He was our companion and friend.
He ate, at our table: he had our conf.
dence. We knew him to be out protector
and counsellor and friend.
United States District Attorney Hoal
began his argument for the government
shortly before noon.
Mr.. Hoar began by resorting to piece
of dramatic action which Henry +.
Durant onoe used with impressive effect
in n criminal trial when time was an
essential element, stopping abruptly in
his argument taking out his watch,
keeping his eyes intently fixed on the
hands, while everyone In the court room
was In DOUBT az to what would come
next the time appearing oppressively
long. When minute had elapsed, he in.
formed the jury that 1t was but sixty
seconds. but time enough for the accused
to have committed the act charged, many
times over. Mr.. Hoar's method was
different He informed the jury the
moment he began to address them that
he would show how long minute is,
took out his watch and looked around
the court room, while the audience won
dered what he was holding his watch
| for.
When he returned it to his pocket be
EXPLAINED that 1t was to show how lone
Bran was below according to Brown
when the defendant looked at the CLOCK
| nd MI HI