The evening tribune. (Pawtucket, R.I.) 189?-190?, 1897-01-02
JURY OUT ALL NIGHT.
Bram's Fate Now In the Hands of Twelve
Men,


Boston. Jan 2.-The fate OF Thomas
Bran, late first mate of the barkentine
Herbert Fuller, charged with the muir
der of Captain Nash of the same vessel,
his second mate, Bamberg, and Mrs.
Nash. Is in the hands of II tried and true
iaen. The jury which went out soon
after noon, had not agreed late last
night.
For two hours the jury had been at
tentive listeners to a most exhaustive
summing up Of the law and evidence
fn the case by Justice Webb. who con-
cluded bis remarks at 1 o'clock.
The government waived the reading of
all it's points for instruction, being sat-
isfied they would add nothing to its
case. The charge was remarkable for
its lucid statement Of the law and the
remarkable fairness with which all the
essential issues Wee presented. 1t fol-
1owed the argument for the district at
torrey, which was not concluded till IL
o'clock, and was listened to by an audi
ence that filled every available space
In the courtroom, a large number OF
extra chairs having been brought In to
accommodate the persons who on off,
cial and other grounds claimed a right
to be present.
Justice Webb did not attempt to d.
rect the jury what credence they should
give to any particular testimony. leav-
ing 1t to them to attach toit such weight
as In their judgment 1t was entitled to.
He declined to say that the government
Witness Charles Brown, was not to be
believed, but suggested the doubt which
had been cast upon the truth of his
statement that he saw the captain
murdered. by the physical impediments
which the measurements of the cabin,
the window through which he looked,
the light and his position at the wheel,
showed to have existed. AS to the pos
sibility of his having been able to lash
the wheel and leave it without the ves-
sci departing from her course, the Judge
implisdly rebuked the district attorney
for the aspersions he cast on the ship
masters who had testified to their ex-
periences under similar conditions, and
said their character, their great knowl-
edge Of SHIPS and the sea, although they
may have been retired for some years.
entitled their opinions as experts to the
greatest weight. The contradictory
statements of Brown regarding his Rot
terdam experience were referred to, but
conclusions as to whether be was de-
Eberately lying or not. II the jury found
that he was not telling the truth, while
1t would destroy his testimony 50 far a.
direct proof of the crime went, it would
not make him incompetent to corro-
borate the evidence Of the other Wit
nesses, and add to its weight. The
medical expert testimony, the Judge
said, IL believed. would lead the jury to
say that Brown was insane and not in
sane at the same time; but as their
answers on this point were to hypo-
theucal questions. the Jury could de-
termine how correct was the hypo-
thesis on which the opinions were
founded.
throwing out the testimony of Brown
regarding his Ia wing seen the murder
committed, the court said. would still
Isaye q large amount OF circumstantiai
evidence on the part of the government.
How far this tended to prove the guilt
of the defendant II was for the jury to
aecide. II waS not sufficient that the
prepondsra Of evidence was against
the defendant nor was Ii necessary
for him to show that someone else
had committed the crime. The jury
unusH be satisfied. not that someone else
uHight have murdered Captain Nash,
hut that, beyond q reasonable doubt
1homaS Bran was the guilty man. II
Shsy were not satisfied on that point, IL
Asre were any, reasonable doubts in
fhskr minds OF the truth Of the conten-
don of the government, they must find
Nm NOT guilty. 1t was not question
- 10 which Of two men might have done
- act. but did this one man do IL?
The Judge explained in conclusion that
tbe circumstances proved In the case
must be consistent with the crime
charged and consistent with each other
and inconsistent with any other hypo-
thesis than the guilt OF the defendant