The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1897-01-25
Did CALL BRAN A DEVIL.
Attorney Hoar Says Words Were
Intentional.
DECLARES MATE HAD AS FAIR A
TRIAL AS POSSIBLE.

Third Day of the Hearing-Addresse by
Ceunsels French and Hoar-Mr. Cotter
Delfvers His Argument This Forenoon.
Boston, January 28.-Mr. Fren CHI, jun
ior counsel for the defence in the trial
of Mate Bran, convicted of the murder
of Capt. Nash, resumed his argument in
the Circuit Court of the United States
this morning In support Of the motion for
new trial, interrupted by the adjourn
ment of the court yesterday afternoon.
District Attorney Hoar' s summing UP for
the prosecution was characterized as
"illegal, improper and not calculated
to excite prejudice against the evidence. I"
"Much of it seemed" Mr.. French said,
"to be more Of personal attack on the
man who had stood two days on the
witness stand unshaken in his testimony
than the calm and dignifed summing
up of the evidence which should be looked
for from a prosecuting officer. who
should have, SIS was said by Jeremiah
Mason, mo morbid eagerness for convio-
tion, and should so gnide himself that
those who by his means were found gull
ty should not only forgive him. but look
upon bim with love and reverence.
Mr.. French also referred to the nnimus
which, he claimed, had been displayed by
the district attorney in alluding to Bran
sitting in the pen, hearing and weighing
all the evidence and then making up
the story he intended to repeat upon the
stand. Bran, Mr.. Hoar had also de-
clared, in his Judgment, had displayed
nothing of tine trepidation Of innocence,
but all the bravado of guilt.
One of the remarks Of Judge Webb dur
ing the trial was characterized by coun-
sci as fallacious and Illogical, and unwar-
ranted by the facts. We must be ex-
ceediualy careful" he said, "that we ex-
clude from our minds the hypothesis of
guilt in dealing with the case. We must
consider all the circumstances, the excul-
patory as well as the culpatory acts OF
this defe ndant." Counsel then rev loved
these acts, saying that it would have
been little short of miracle il the hands
of the defendant, if he had committed
the murder, had not heen snseared with
blood. The advice Of Monks to take a
steamer, instead Of the Herhert Fuller,
is equally explainable on the presump-
tion of innocence rs guilt. The throw
ing of the board at Monks was perfectly
natural act and was SO admitted by the
district attorney on the trial.
All of the acts of the men on that ship
must be Judged from different stan
dard than if there was not state of ter
ror existing at that time. This state OF
excitement was perfectly natural They
all were excited. The finding of that
axe WAS really favorable to the prisoner,
becuss if he was guilty he would natural
ly have thrown it overheard. Every man
on that ship saw that he might be &C.
cused of the crime and they were scting
with that presumption before them.
Each OF these acts must be proved beyond
a reasonable doubt. Not single wit
ness In that case was without prejudice.
First, that suspicion should be diverted
from themselyes; second, that they must
relieve themselves of criminal liability
for laying hands on their superior officer,
and for which they would be held liable
II this defendant is fourd not guilty;
and, third, the desire to obtain salvage
for bringing the vessel into port" Mr..
French concluded by saying that it was
more than important that the streams of
justice should he Kept clear that the life Of
this man should he saved. "This is left
to your honor's discretion, exercisingHit
with discretion and mercy"
MR.. HOAR IN HIS REPLY
began with an impassioned defence of
his conduct in the trial Of the case. eff
any injustice has been done to this de-
fendant by the court, the jury or tile dis
trict attorney he said, "then / ask that
he he given new trial: but if he has
had full justice done to him I ask your
honors to sustain this verdict and leave
to the executive the exercise Of mercy, if
the defendants is entitled to such inter
vention. If ever q man has had fair
trial, that man is Thomas M. Bran.
did call this man devil and did it
intentionally, and I was justified in do
ing So I did not do SO until after had
proven that he had done the acts with
which he was charged. And then I had
right to call him a devil. That is a
proper characterization of the man who
did these murders You must be salts
fled that any slip that the district attor-
ney made in his nrugment did substan-
tial Justice to the defendant before you
are justified in setting aside the verdict
on this ground. If there was any i'm
propriety in the remarks Of the district
attorney they should have been objected
to by the counsel at the time they were
made. In any event, if there had been
any impropriety the court would have
interfered. -
Mr.. Hoar then turned to the charge
that Judge Webb had characterized tes-
timony offered by the defence as manu-
factured testimony, and said that such
comments were Justiaable in the Federal
courts, The language itself was with