The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1897-01-25

then tnere are not many verd1cUs Ona0
would stand In this country. Ihese
questions of Judge Webb's were NOT OBJ
jected to by the counsel for the defence
"till they got 1t in the neck for the an
swer." cay in closing this part OF the
case, Involving the attack on the court,
that under the decisions Of the courts
and without the decisions, tie remarks
LOT Judge Webb were in the interest Of
exact Justice in this court, that he was
right in making the remarks he did, and
that some Of his questions of witnes were
of great service to the defence.
JUDGE WEBB.
me. Hoar speaks Of this as an attack
on me. But I don't regard it as an at
tack at all. want to dispossess the mind
Of anyone that am being defended
from an attack"
Mr. Hoar. "And want to say that I
consider it justified on the part of the
counsel for the defence to call attention
as they did to the acts of the court and
myself, but l must maintain that con-
slider it an attack on the court. "
II am free to say that Bran lied, and
/ think l have right to say that. He
was contradicted as to material matters
by almost every body on that vessel.
think the attitude of that man and his
testimony showed that he lied. The
charge Of the court was also SO impartial
and guarded SO thoroughly the rights
of this defendant that his counsel accepted
tt without word Of protest. very re-
narkable fact in criminal trial ! now
wish to take up the jury that tried the
case These men have been before your
honor, some of them as Witnesses, and
you have an opportunity to judge of
them from that standpoint. f" Mr.. Hoar
then proceeded to consider the acts of the
Jurors and was severe on Booth. and said
If the statements Of that juror are to be
taken, and if the verdicts are to be set
aside on such evidence. then no verdict
can stand.
nRe has come forward to back up on
the witness stand the statements he made
in his affidavit regarding the paper passed
into the jury room"
Mr.. Hosr was terribly severe In his
Characterization of the acts of the juror.
claiming that he was entirely unworthy
Of belief. By the time that he had got
through with him it appeared that he
was SO thoroughly untrustworthy shat
he was certainly an unsafe man to be
trusted with jury duty, especially where
"a human life was involved. Even If
the paper introduced = into the room had
referred to half pint of liquor, as has
been contended.' counsel said, sit could
not be regarded as anything improper,
for in one case where liquor itself was
passed into the room by an officer and
was drunk by the juror, the court ruled
it was no ground for setting aside the
verdict. Even where juror had gone
down to the bar and got drink of bran
dy, Judge Story said no harm had been
done. The courE may punish Harrington
for having passed the paper into the
room, but it has got to go further than
that and say that it justly tended to have
an effect on the minds of the jury"
Referring to the q newspaper which
Juror Briggs picked up in the elevator
and carried to the Quincy house, MIR.
Hoar said that nothing had been intro
duced to show that there was any allu-
sion to the trial in the paper, and news
papers had been permitted in the jury
room where all allusioDs to the case be-
ing tried had been cut out.
The court came in at 2.34 O'Clock and
Mr.. Hoar resumed his argument. He re-
ferred to the evidence submitted that on
the night the case was aiyen to the jury,
two bailiffs ate supper with the jurors
and that two walters were in the room.
Mr.. Hoar said there was not even the
suggestion that there was any discussion
of the case while the walters we're in the
room and during the serving of food. Ao-
Cording to Juror Briggs's statement, was
he a man whosaformedaan opinion of the
guilt of the defendant before the trial?
MI Hoar carefully reviewed the testimo-
ny Of Concannon and Reporters Billings
and Barry, and said there was absolute
ly no evidence against Juror Briggs. MIR.
Hoar said he thought his argument had
uOb DS0U ldlf4g CE1U1C4dCu' OA4AJ - RssAo u
it bad been used. He said that Bran had
told falsehood after falsehood while on
the witness stand, and this, coupled with
the evidence. was enough to convict the
defendant. Mr.. Hoar then cited several
cases where juries had decided the guilt
of prisoner who had lied in his testi-
Dony. The district attorney said that
had Brown died before the trial the axe
alone would have convicted Bram. MIR.
Hoar urged the judges not to set aside
the verdict for lack of evidence. He urged
that no fairer jury could ever be drawn
and it seemed to him no fairer trial for
the defendant could be had.
The court was adjourned at 4 O'Clock
until $50 a. m. Monday when Mr.. Cot
ter will argue for a new trial
TARDY JUSTICE.