The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1897-05-04
COST OLA GREAT TRIAL.
Bran Case Good Example-What the
Government Does for the Accused NJ at
ter of Expense Not Considered in Con-
nection With HIS Protection.


eraI government provides tor the defend
ants in capital cases. No expense in spared
and nothing that justice requires is left I'M
done to insure speedy and at the same
| time fair trial of the accused. The recent
Bran case is one of the best examples that
could be given of the assistance which the
| law provides for the prisoner, in order that
| he may have every opportunity to prove his
| innocence. The government furnished to
| the counsel for the defence in that case two
| copies of stenographic report of the evil
dence which cost the government nearly
$1,000. The government furnished, under its
statutes, compulsory process to summon all
witnesses required by the defence, and I'M
der this process the defence summoned
most of the witnesses for the motions for
the new trial and number of witnesses for
| the principal trial. For all these witnesses
the government paid.
In the United States courts there is no
method by which counsel OF the defence can
be paid for by the government. The court
assigns persons to defend man who is
without counsel or confirms defendants
selection of his own counsel. The person
so selected and assigned or confirmed would
by refusing to act in the case, be liable to
!. 1Ne~---
Mr.. Cotter and Mr.. French were selected
by Mr.. Bran and, at their own request,
were assigned to duty by the court. This
gives them no compensation from the court,
but makes their client sure that they will
not leave him during the case. The govern
ment has no knowledge of how the defend
ants counsel are compensated, If tn ey are
compensated, in this case.
The government furnishes the defendant
what the defendant does not have to furnish
the government, a complete list of the wit
nesses to be produced. This list is given
| three days before the trial begins. If the
government discovers any evidence in the
progress of the trial which is to be testified
to by new witness, it must either stop
that trial and begin all over again or 1t must
give up that testimony. The government
can only produce the witnesses whose names
have been handed by it to the defendant
| three full days before the trial of the case
begins. The tremendous advantage this
| gives the defendant can only be appre-
| ciated by person who has tried murder
case. This process makes it doubly hard for
| the government successfully to meet new
conditions as they arise during the progress
| of the trial. For instance in the Bran case
the question of lash1ng the wheel became
4 important during the progress of the trial.
in chief, the government could only prove
the lashingsof the wheel by witnesses whose
names and already been given to the de-
fence, had for that reason, most probably,
| the government undertook to prove in re-
| buttal in regard TO the lashing of that
| wheel; for the rule does not apply to testi-
mony in rebuttal.
| The government also gives the defence a
list Of all jurors three days before the trial
but this is simply equalizing advantages,
because the government of course has that
| list also. 1t must be understood that, in
| the Bran case the government was under no
obligation whatsoever, by statute OF by law,
| to furnish to the defendant the stenographic
| report of the proceedings at the trial. That
was done at the request of United States
| District Attorney Hoar, who had been infor-
med that the defendant was without means
| to pay for such expenses. Mr.. Hoar was
subsequently informed that the defendant
| in this case had been promised by Mr.. B. f.
| Clark of Boston full payment of all neces-
sary expenses other than counsel fees in the
defence of this suit, and Mr.. Clark informed
Mr.. Hoar that he was advancing the money
and doctors, to be used by the defence. This,
Mr.. Clark said, he did in order to guaran-
tee fair trial to the defendant; so between
the government and Mr.. Clark Mr. Bran
has had all his expenses Of the trial paid,
with the exception OF his counsel, and they
have been assigned to duty at their own re-
quest. by order of the court, in way which
assured their strict attendance to their
duty; an assurance which, judging from the
character of the men, will appear to those
who know them to have been entirely I'M
necessary.
The expenses of such trial are necessar-
lily large, in that case not less than ST., 900
for the government alone. In round num-
beers, the testimony of witnesses alone cost
$780, and that is still accommodating, as
the six seamen who are confined in Charles
street jail will not cease to be an expense to
the government until there is final deter
mination Of the case by the Supreme Court
| at Washington. One reason for this large
outlay is the fact that the six sailors were
taken in custody the moment the Herbert
Fuller arrived in Halifax early in july last.
and they have been receiving one dollar a
day each ever since, besides their meals,
| which are paid for at the rate of thirty-five
cents day. This means a payment of $3.50
month on this account alone during the
long confinement of these men. The ex-
pert testimony also was expensive, as witt
nesses were brought from Halifax. The jul
rors' fees were 5000 and their board and
rooms about $1,000 more. As stated the Ste
nographic report cost about $4,000, and the
clerks fees for sending up the record were
| $3.50. The expenses of the district attorney s
ofic 20 were no less than $4,000, not including
the bill for the model of the Herbert Fuller
used at the trial for which Mr. Hoar paid
out of his own pocket, there being no al
lowance by the government for such an ex-
penditure of money. Mr.. Cotter has not yet
put in bill for such expenses as the law al
lows him on behalf, of the defendant, but
they will be not less than $1,000.
| That the Departmental justice at Washing
ton realizes the unfortunate condition .of
the six men held as witnesses is shown by
the solicitude shown by the solicitor general
that every consideration shall be shown
them. In a recent letter to United States