The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1897-02-11

window. With one hand on the wheel
and bent over with his face close to the
steps, he could see the form of person
IN the after cabin, but could not identify
MIN on account of the light being SO
dim.sEs
By holding On the wheel with one hand
and reaching over and bending with his
face close to the stsps, he could see the
lower end OF the cot, and Mr.. Messenger e
Zone of the experimenters' feet and legs
part way to the knees.
The deposition Of Wallace Downey, a
shipwright of Brooklyn, was read and
oorroborateG Speucer's statements as to
the result OF the experiments. Il further
stated that with the same amount of light
That was in the cabin that night. as ar
ranged by Spencer, it would be impossi-
BILE for a man standing in the position
described by the witness Brown to dis
tinguish any objects in the interior Of
the cabin.
The affidavit of Hugh G. Messenger of
Boston, third experimenter. was pre-
sented. 1T being simply confederation
OF the other two that preceded it.
After reading the three affidavi5s, Asa
French, the ijunior counsel for Mate
Bran. sketohed tho case briefly. He said
the evidences he offered now, is newly
discovered, not accumulatlve. He thought
the new evidence as shown in the affidav-
its, must show the judges that by tt
Mate Bran should be given new trial.
Referring TO the new affidavit of Mr..
Messenger, Eir. French said it was differ
ent now than inaathe first trial, because
when he made his observations Mt Hall
fax they were made in the day time.
These referred to in Mr.. Messenger 8
affidavit, were made in the night. MT.
French finished the reading Of the affi-
davits and his sshort..argument at 4. 10 p. m.
Mr.. Hoar, arguing against granting a
new trial, said the judges must decide
whether the so-called newly discovered
evidence is really any thing more than &C.
cumulative evidence. He 81 ould like tn
davits in court to be cross examined,
SO as to be sure Spencer arranged things
properly in the cabin when the tests
were made at Brooklyn.
He intimated that in the affidavits,
nothing 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 wheel. When Mr.. Messenger, who
made the tests at Halifax, was on the
stand. he did not ask him whether the
tssts were made in the night or day Jime
apparently leaving ir for the jury to de-
eide what time Of day it was. MIR. Hoar
argued the different points of the alleged
new evidence from his stand point,
closing just before 5 clock.
The court took recess for 10 minutes.
On the return Judge Colt said the court
ruled that Mr.. Hear had no right to put
in rebuttal evidence on Mr.. Cotter's mo-
tlon and in regard to the sffidavitss Mr..
Cotter in his closing argument for a new
trial, argued that the new experiments
were made in the presence of the district
attorney aud by the assistance of SFen-
Ger, n gOvernm ent witness. In regard to
tests of Mr.. Messenger at Halifax, Mr..
Cotter said the defence had no means by
which to get Spencer to make the tests,
or to use any witnezses who we're con-
fined in jail. He believed that no more
honest experiments could possibly have
reen made than were made at Brooklyn.
Mr.. Cotter finished at 553 and the court
adjourned until 10 a. m. tomorrow when
the decision will probably be announced.