The Portland daily press., 1897-01-21
BRiM'S FIGHT TOR LIFE.
Hearing on Petition For a New
Trial.
AFFIDAyTTS OF THE JURORS AD-
MITTED BY THE COURT.

The Sheriff Harrington Incident Put in
Evidence-Judge Webb's Allusion to
the Reporters-Heariug Adjourned
Until Today.
Boston, January s9.-Thomas NJ.
Bran. was brought into the United
States Circuit court at II O'Clock today,
the time fixed for hearing his motion for
new trial.
The court today considered only the
motion for new trial. The motion to
arrast the judgment was not argued. No
time for this hearing has yet been fixed.
The motion for new trial is based up
on the allegations that the verdict was
against the evidence and the law; that
the statements Of a member of the court
and Interruptions Of defendants counsel
by said mem ber were partial, that the
statements by the district attorney in his
argument we're such as TO excite the
passions of the jurors; that some of his
declarations were unfair, and that he
argued from the evidence that had been
excluded by the court; that some OF the
jurors prejudged the case having previous
to the trial expressed opinions as to the
defendants guilt; that the instructions
given the jury by the court during the
time that the case was under considsra
tion by hhe jurors, to the effect that the
minority should show Difference to the
views of the majority, caused misap-
prehension in the minds of the jurors as
to their strict legal duties; misconduct
of certain of the jurors during the trial
and after the case had been given the
Jury, and because certain person or per-
sons in the service of the United States
we're permitted to improperly communi-
cate and intermeddle with certain of the
Jurors during the progress Of the trial.
Counsel read extracts from the records
of the trial in support Of the first four
allegations.
Mr. Hoar objected to the reading of
certain parts of the record OF the trial,
but Judge Webb said it must all go.
Counsel for the defendant then offered
in support of that part of their motion
affecting ths jury and court officials. GER
tain affidavits, which were objected to by
the government on the ground that they
were not competent evidence.
The government contended that an
opportunity should be given for Cross
examin alton of the witnesses and the
court should have chance 70 Jdcge o.
their credibility while on the stand.
Numerous authorities were quoted by
counsel In support of their contentious.
At the conclusion of the discussion the
court took recess till 80 when a de-
cision probably will be given.
In the jury seats this afternoon were
Foreman jack and Jurors Blake, Briggs
ana Ford, who were members of the jury
that brought in the verdict OF guilty
the court had decided to admit the
affidayits, subject 20 the objection of
counsel to each affidavit. District At
sss5sy sdsy,s Of oas Harry s j. Booth. fsis deals
with the subject of the jury room.
claim that this is not admissible. l also
object" Judge Webb shut him
off, with the statement that he would be
given an opportunity to state his OBJ
Lawyer Ormsby read the affidavits.
The fiji st was that of James j. Connell
of Cambridge. He knew Oliver j. Briggs
of Cambridge one of tbs panel that con-
victsd Bran. He swore that previous to
the trial, MIR. Connell told him that in
his opinion there was NO doubt but Bran
was guilty. This was before he was
| drawn ON the jury.
THE next affidavit was Sylvanus g..
Gotaing Of Hyde Park. He knew Abel
G. Ford, one of the Jurors, and on Janu-
ary 10. 1897, he visited his (Cotting's
| store in Everett sc uare. They discussed
| the trial and Ford said that he had said
befors tile trial that BRAN ought to
| hang.
The affidavit Of Harry J. Booth was
read. AS the lawyer started to read 1T,
Mr., Hoar said he objected, as the seer rsts
of The Jury Ioom should not be public
| property. The court allowed the affidavit
read. 1t stated that Booth was mem.
her OF the Jury and the affidavit described
| the particulars of the note incident, in
which Deputy Sheriff Harrington figured.
| The court on Mr.. Hoar's objection said
it would give the affidavit such weight
on or about December IS while mem bel
of the jury, as he was passing the hal
way of the corridors, man named Har.
ringtop, assistant United States marshal
gave him a note which read: "Look in
your hat. When he arrived at the jury
room he found note. which read
"Would you like half pint? If so, I'll
put it in your pocket, ," signed "Ren.'
The affidavit further stated that when
their meals were served, two walters and
| two bailiffs were In the room. There also
was supplementary affidavit alta oh ed.
Nothing of new interest was attached.
Mr.. Ormsby wanted to read the
| affidavit of the defendant, Bran. Mr..
| Hoar objected as he claimed the affidavit
had only been drawn up today and 6
copy had not been submitted to him. The
court decided to allow the affidavits ad
mitted, although when Lawyer Ormsby
sterted to read, he was told by the court
that there was no need of reading it.
Judge Webb, dryly remarked: "The only
persons to suffer viii bs the reporters. y
The affidavits of Lawyer Cotter, Bram's
counsel was read, in which be stated thai
at the time of the trial he did not know
that Messrs. Briggs and Ford had
prejudaed the case. The sfidavit oi
Lawyers French and Ormsby, associate
counsel for the defence were also ad
mitted. This ended the aff,davits.
Lawyer Cotter called to the stand fol
his first witness, Foreman Ronald a.
Jack of East Boston, of the jury tbnt
convicted Bran. Mr.. Hoar objected tt
any questions being asked him relative
to what took place in the jury room. Mr.
Jack identified the paper written by
"Red'' as one he had seen in the jury
|