The Providence news. (Providence [R.I.]) 1891-1906, 1897-01-02
NOT Agreed.
Jury inBramMur-
der Case
Returns and Asks Further
Instructions.
This Was After Disagreement
Was Reported.
Judge Colt Gives Advice to Minority
on the Panel.
Judge Colt Gives Advice to Minority
on the Panel.
Last Time Instructions Were Asked the
Court Refused to Give Them.

BosroN, Jan. 2.-The Btsm jury report
ed a disagreement at 9:43 O'Clock tbls
morning. Judge Colt sent the jury PACK
to their room after instructing the minoc
ily that they should give way to the ma
joiiiy. There was no Indication as 10
which way the majority stood.
The circumstances connected with the
murder of Captain Nash and his vile sno
that OF the second mate of the HERBERT
fuller are already known to the punnc
from frequent repetition. Briefly out
lined, the story is as follows: The Dark
entine Herbert Fuller, 700 tons, COM
manded by Captain Charles /. Nash OF
Harrington, left Boston on July 8. $780,
for Rosario, Argentine Republic. On tine
night of July 13 the bodies of Captain
Nssh, Mrs. Nash and Second Mate Bran
berg were found murdered in the cabin,
all having been killed with an axe, the
bodies being horribly mutiated. Lester
ii. Monks, a young Harvard stucent, VINO
was passenger on board the vessel TAX
ng a sea voyage for his health, found the
todies. The Fuller was beaded for Hall
fax the next day and she arrived at that
pert July %. Mate Bran. Charles Brown,
a seaman. who Mas at the Fuller's whesl
at the time OF the murders, Jonathan
Spencer, the steward, Monks, the passen-
ger, and the entire crew were Mt oncs ar
rested at the request of the United States
consul.
After q hearing at Halifax ell were
brought to Boston. Brown and Bran
we're both charged with the nsiroers and
were ordered held for the grand jury by
the Unite states commissioners here, but
Bran was the only one indicted.
During the trial, which began in the
United States Circuit Court before JUS
tices Webb and Colt, Dec. IL, Brown was
the principal witness for the government,
and he testified that he saw Bran strike
the blow which killed Captain Nash. The
defense, however, was successful In on
! setting much of his testimony.
Tho government was represented at
the trial by Hon. Sherman Hoar, district
attorney and his assistant, John H.Casey.
! Thomas Cotter and Asa French were the
| counsel for the defense. The trial was
one of the most important ever held In
| the federal courts here, and was marked
| by many sensational incidents, chief OF
which were those which resulted from
| the attempt of the defense to introduce
PROC. that Brown had perjured himself in
| denying that he shot man in Rotter-
I dam while dementeu several years ago,
and from the effort OF the government
to introduce evidence that Bran had
previously plotted TO MURDER the cartein
anc seize the vessel. The judges decided
not to admit the sensational evidence
in each csse.
The Jury went out yesterday afternoon
at 1:23 and remained out ustil 5:3O when
the court was called together and one ol
the iurymen asked IL Bran had rro,ed
an slibi by showing that ne was of the
deck during the time the murders were
committed. After the court had ex
nlajned the testimony bearing on thi'
point which was OF nature to show tha
he was off the deck most of the time th'
iury again retired and reInained out unit
l0:2o O'Clock. As they we're unable Il
1 agree tDt COutt WIS hN1S"N~
O'Clock this morning.
IL was 9:43 however when the cour
came in and after Judge Colt hat
answered the report OF the foreman, whicl
was to the effect thut they were sill
unable - agree. they were once NOR
taken back to tteir room with instruc
tions to make another attempt TO reac
a verdict. At $3.50 the court took recess
soon after the jury asked f9S instruc
tions or certain points ana after the
had been addressed by the court the
again retired. Judge Colt again state
that while its rights should be gusrde
the minority would be justified In givin
weight to the opinion OF the majority
After the jury q second time today ha
retired Judge Colt announced that IN
court had considered Mr. Cotter's applies
tion OF yesterday for further exceptions
and believed Il was not Ia accordanc
with the practice Of Uniiel States court
90 the exceptions ought TO have bee
taken at the time they occurred. MI
Cotter'. request for further exception
was therefore overruled.
Bran, when not In the court room,
kept In tire marshsl's room. Bis d
Continued on psge 3.