New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-10-19

APPEAL IN THE BRAN MURDER CASE
HEARD.
A DECISION AGAINST THE soUTHERN PACIFIC
RAILROAD coMPANY-DURRANTs CASE SET

A DECISION AGAINST THE SOUTHERN PACIFIC
RAILROAD coMPANY-DUERANT's CASE SET
FOR HEARING ON NOVEMBER Is.
Washington. Oct lS-The case OF the United
States against Thomas Bran. convicted OF murder
on the high seas and sentenced to be hanged. was
heard In the United States Supreme Court to-day
on appeal OF Bran from the findings Of the United
States District Court of Massachusetts. Unusual
interest attached to the case. In view OF the
mystery and brutality surrounding II ana the eX-
element 1t occasioned throughout the country,
PARTICULARLY in New England. Sol!citor-Generai
Richards and Assistant Attorney-General Boyd APP
peared for the Government, and James Cotter and
Asa F. French Of Boston. for Bran. The Court
aave close attention to the graphic story OF the
crime as related by Bram's counsel reference De-
ing made to a diagram of the ship HERBERT fulier'
or which the tragedy occurred. Counsel Tor BRAN
dwclt particularly on the alleged errors In tho In
allotment and preliminary hearing. and on tho
action OF the District Court in excluding certain
testimony favorable 10 Bram He also dweit on
the conduct Of the Court in allowing the Ch'.eu
States District Attorney to make statements III MS
closing argument alleged to be beyond tho 'esu-
roonv Objection also made TO the Uiai
,ourt as not an impartial tribunal. 1t being stated
that one OF the judges charged the accused MAJ.
while he was on trial with mo mahuia@'"o ~
evidence. thus prejudicing his case. Inc arsa
nent was largely Of a technical character' siAt'
Mr. French argued each OF the principles IN sup
,or. NJ hts motion. Special stress was laid on the
N ct that no venirs was drawn from Camoriuse as
ordered by tho Court. 1t pe!ng con'ehoe' "t' vac
nperfect array OF jurors was pre1udicia 10 mo IN
terests Of the defendant. and also on remark IN
6,cating the guilt Of the defendant maze py INC
,roe,d,np Judge during the trial. With reference
N the latter point Justice Brown askeo IL '"o
Judge had Withdrawn the remark
1T was subsequently ordered stricken OUT To-
Piled Mr.. French -, , ~.
Justice. Should he have ordered inc 'iia' s'oPPe
and the jury Discharged?
Eyes. Your Honor" said Mr.. French, we con-
tend that that is the only thing which wou'd nave
healed the Injury to our defendant
Had the jury been discharged ana new " , la ~
Gun could not the defendant then have set up the
,a,,, thu, his life had been once placed IN Jeop-
ardy?' asked Justice Brown
I'VE think not" replied Mt. French.
Mr. French closed at O'Clock. To-morrow Alr.
CoIaer VI" Richards and Assistant AttorneyGen
Boyd will argue the case LOT tne iii is nnt OK.
decision on the motion for a ne" u'd' - "o' ~
pected for a month
The Court to-day advanced the argument OF the
I,urrant murder case. brought here from pan
Erancisco and set 1t for hearing on November 10
An opinion was rendered to-day against the raii.
road in the case Of the Southern Pacific railroad
comnany against the United States brought here
from the Circuit Court for the Ninth Circuit Aho
case involved about seven hundred Thousand scre'
or land in Southern California, and grew on. Oh ''
tac, thu. the forfeited land grant OF the Atlantic
and Pacific Railroad Company was ovefiappeo 70
some extent by lands claimed under Government
srant nv the Southern Pacific. The Atlantic ana
Pacific Railroad Company originally Claimed 'ne
lands IN controversy. and its original maps o, 10
cation along the line Of these ands wefe nc ,and
forfeited and thereupon the soG,heth rdc1 po
whose grant overlaps that OF the Atlantlc any I'd
cine set up title to the lands The CiTcuta Co and
hnwever decided against the southern racine, anu
NE Sunreme Court to-day affirmed the decision 60
FAR as concerns the railroad company Dut Isn Snu,
"a IN the lower court for decision the cases OF apoue
TWO hundred persons who had purchased part Oh 'io
lands from the road.
The Supreme Court to-day affirmed the decision OF
,he Court OF Appeals OF New-York IN the case OF
Benton Turner plaintiff In error. against the o.a'e
n, Ney-York involving title TO lands IN raa,n n.
County which had been sold In ~. ior ip in ai
Tesnects O. the statute OF June g. 1885, relating 70
c0nyeyances by the Controller OF the os"'' "a ~
tba