Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-02-11
. SPENCER'S TESTS
Alone Stand Between Bran
and the Hangman's Moose.
Arguments for a New Trial on. the
Ground Of New Evidence.
The Hearing Occupies the Entire Day a Deci
sion is Expected Today.


Boston, Feb 10-Justices Colt and Webb
of the United States Circuit court this
afternoon heard the motion of LAWYERS
Cotter and French for n naw trial for
Thomas NJ Bran. the convicted murderer
of Capt. Nash of the barkentine Herhert
Fuller. on the ground Of newly discovered
This motion was based IN evner;men.s
made in New York ON hoard he harlem
tine by three men in the presence OF the
counsel for The aovnrnn,,nt o,n dafar ..
which il is claimed shnu, 49, tha ,S,itnae.
Brown could not have seen the murder
committed. as he testified thai he did on
the trial of the casc $3.50 -'N 49, "
Jonathan Spencer cooir ~ t,a tferbar,
Fuller. when the ynnr,lar. ,,ar.' nn,n,nit :.
ted. was the only one present e WHEN The
exneriments ,vnro ,,"a p'esgi' Wns,i ~. Wy
arrangament of the varo In" nhc@ ', NE
furniture In the cabin nni ~ ,.rsi;t'n,, ~.
the body of the m,irderc, ,',t.,; .,he az
the crime was discovered. and i,non him
was done. '"'i'7 ''''''
The defence first presented tho oaida,,;,
of Jonathan Spencer. who siates fhnt
thing was ARRANGED nv hi,,, -, an,,.,,,,',,,d
with the conditions as thnw aYte,nd 1n ,,a
night of the murders: thar he went ia he
wheel and win both han az WI. ~ ' ne
found il imnossible 10 see apv ohi.ct
whatever in the after 90 hin ,hro,,s,t' ~
windou. wa '''s
over with his face close IN the sinns he he
could see the form of n person IN tbe az
ter cabin hiIt could M, idar,;c "a ~ NJ, ~,
account of the light being SO dim Nv
holding on the wheel with one hana ava
reaching over and hondine uitb nc fana
close to The stems he could sec M. ,owor
end of the cot and Mr.. Messengers lone
of the experimenters' feet and iers MARI
way to the knees. POI
The disposition of Wallace Downev n
shipwriybr OF Rrook,vn M. rsnd - !"
roborating Spencer's Statements &c Ia tho
result of the experiments He further
stated that with the same amo,,nt az
arranged bv Spencnr n u,o,,,d III ~, ,,, ~, aS
sib!e for a men standins in tho pn n.iP1s
described by Witness Brown 10 disting,,
any objects in the Interior of tho cnhin
The affidavit of Hugh G. Messenger nj
Boston. the third experimenter was nrc.
scented it being simply a corrohnration
of the other two that preceded IL "''o''
After reading three affidayits. Mr..
French. the junior counsel for Naie
Bran. briefly sketched the case. He said
the evidence he now offered is newly dis
covered. not accumulatve. He thought
tlavits. must show the i,idpes that IN, gu II
Mate Bran should be given n new trial
Referring to the new affidavit of NJ
Messenger, Mr. French said that it was
different now than in the first trial he
cause when he made his obseryatiOus M
Halifax they were made in the dav tim
These referred TO in Mr.. Messenger's All
davit were made in the night Mr irrennh
finished the reading of the affida v;ts and
his short argument at i.1o p. Nj.
Mr. Hoar arguing against a new trial
said the Judges must decide whether The
so-calied newly discovered evidence is
really anvthing more tnan occnmu,o five
evidence. He should like to hay ia
men who have signed the a,,;,l,y,ts in
court to be cross examined So rs II h.
sure that Spencer arranged things nrn,,-
crly in The caDin when Tho tcsts wcra
made mt ErookIyn
He intimated that in tho affidavit. moth
ing had been said which Went to show
that the inside of the room could not be
seen by a man with both hands on the