Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-01-22
FIGHTING FOR LIFE.
Hearing on Motion for a New
Trial for Mate Bran.
Aaidavits and Testimony introduced
With Objections by Mr.. Hoar.
Bram's Affidavit Also Admitted Case Con.
tinued Over TIL Tcdsy.

Boston, Jan. 21.-The United States cir
cult court, Wednesday, heard the arGu-
ment for new trial for Thomas NJ
Bran, convicted Of the murders on lne
were Foreman Jack and Jurors Blake
Briggs and Ford, who were members OF
the jury that brought in verdict OF
guilty against Bran. Judge Colt stated
that the court had decided to admit the
affidavits, subject to the objection of the
counsel to each affidavit.
District Attorney Hoar said: OBJECT
to the affidavit of Harry. J. Booth. This
deals with subject of the jury oom.
claim that this is not admissible. | also
object" Here Judge Webb shut him OF
given opportunity to state his objections
separately on each affidavit.
Lawyer Ormsby read the afiidavits. The
first was that of James J. Council OF
Cambridge. He knew Oliver J. Briggs OF
Cambridge, one of the panel that con-
victed Bran. lie swore that previous II
the. trial, Mr.. Council told him that In his
opinion there was no doub- but Bran
was guilty. This was before he was
drawn on the jury.
The next affidavit was Sylvanus G. Cot
ing of Hyde Park. He knew Abel G.
Ford, one of the jurors. and on Jan. 10,
Sg7, he visited his (CottinG's) store IN
everett square. They discussed the trial
md Ford said that he had said before
he trial Bran ought to hang"
The affidavit of Harry j.. Booth was
cad. AS the lawyer started TO read II.
IT. Hoar said he objected. as the secrets
the jury room should not be made
.ublic property. The court allowed the
flidavit to he read. 1t stated that Booth
fas a member OF the jury and the affi-
tvit described the particulars OF note
the incident in which Deputy Sheriff
harrington figured. The court on Mr..
ioar's objection said il would give the
fldavit such weight as it deserved.
The affidavit stated that on or about
zee IS while a member of the jury. as
ma skr.Ar the hallway of The cor
iiors. "A man named Harrington. an as
i3tant United States marshal, gave HIM
note which read. Look in your hat.
When he arrived at the jury room he
,und note which read: Would you
IKE a half-pint? II SO, III put ii in your
"cket.'' signed Red" The affidavit
ere served, two walters and two bailiffs
ere in the room. There was also Il sup
ementary affidavit attached. Nothing
new interest was attached.
Mr.. ormSby wanted to read the affi-
tvit of the defendant. Bran. MIR. tioar
1jected. az he claimed the affidavit had
My been drawn up. Wednesday. and a
opy had not been submitted to him. The
curt decided to allow the affidaNits ad-
ritted. although when Lawyer Ormsby
tartcd TO read he was told by the court
lat there was no need of reading il.
udgc Webb dryly remarked: THE only
rrsons to suffer will DE the reporters.
The afiidavits of Lawyer Cotter
rams counsel, was read, in which he
lated tliat at the tline OF the tTlal ne
d not know that Messrs. Briggs and
ord had prejudged the case. The affi-
avits OF Lawyers French and ormsby.
SsoCiate counsel for the defence. were
SO admitted. This ended the afiidaVits
Lawyer Cotter called 10 the stand for
is first witness, Foreman Riualdo A.
ack of East Boston. of the jury that
onvicted Bran. Mr.. Hoar objected to
ny questions being asked him, relative
what took place In the jury room. Mr.
9ck identified the paper written by
/ Red as one he had seen in the jury
Dom.
MIR Cotter asked him if certain expert
tents We're tried in the jury room. Mr.
ioar strenuously objected. on similar
easons as before. and was heard at
myth on that point. citing certain de-
isions in support of his objections. Law
er French replied to the objections of
r. Hoar. He argues that the testimony
ney wished TO introduce was admissible
nd stated that it was impossible for the
lrors to have tried the experiments and
cen able to get anything like intelligent
esults. Mr.. Hoar replied briefly and
hen there was a short consultation of
ne judges. Judge Webb announced that
was apparent that the case would have
go on. Thursday, and an adjournment
vas taken until 10 A. Nj.