Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-01-23
THE BRAN HEARING.
Counsel French Denounces Judge Webb's Re.
marks and Argument Of Attorney Hoar.

Boston, Jan. 22.-The hearing on the
| motion for new trial in the case of
Thomas NJ. Bran, the convicted MUIR
derer Of Capt. Nash of the barkentine
Herbert Fuller. was resumed, today
Rinaldo Jack, foreman of the jury. was
recalled. Lawyer Cotter for Bran
asked him if. in the presence of all the
jurors before the charge was delivered
Mr. Briggs stated that he made a Ma
sonic sign to Bran, who did not re-
spond. The question was objected to
and objections sustained
After unimportant evidence by Daniel
W. Bond. the case for the defence was
closed. Juror Abel c. Ford was called
by the district attorney He denied
that he said before the trial that Bran
was guilty and ought to be hanged
He had received letter from the coun-
sci for the defence which Judge Webb
declined to admit as evidence, though
the district attorney criticised the
manner in which the defence had re-
ceived it's afiidavits. witness stated
that while he was talking in his shop
before the trial he said: We'll, Bran
is indicted and | think they have get
lndi
he had said that Bran ought to be
hanged.
The district attorney then called to
the stand Juror Oliver J. Briggs of
Cambridge. He denied that he said.
There is not the least doubt things
ere looking bad for Bran and l be-
lieve him guilty." Witness at the re-
quest of the district attorney told how
he had during the trial found a news
paper in the elevator which he put in
his pocket His conscience reproached
HIM and he gave it to an officer with
out looking to see what the paper was.
The other members of the Jury and
court officers was with him when he
picked it up. Juror Booth called his
attention to the paper in the elevator.
The entire evidence was then finished
and after recess. Mr.. French of
Bram's counsel outlined the argument
of the defence which Mr.. Cotter will
rake. Adjourned until $50
This afternoon, Counsel French re-
sumed reading his citations. He took
considerable time reading over his
specification consisting Of evidence
touching on the part taken by Judge
Webb in questioning the witnesses. In
speaking of the manufactured evil
dence," the remark of Judge Webb, Mr.
French said: That remark simply
acted as poison to the minds, of the
jury. 1t did more to form their opinion
than any other action on the part of
either counsel in the case. 1t does not
matter that the court ordered the re-
mark Withdrawn, for the jury heard
ard did not forget it.
The tone, manner and inuendoes of
the district attorney during his argu-
ment We're improper. 1t appears to me,
the language was so intense that it
the bitterness of personal at
tack on the defendant who had stood
for two days on the wit
ness stand. In his argument, Mr.. Hoar
made an improper appeal in raising
class distinction. He said He was the
nearest approach to Spencer, the negro
Now there was not a bit of evidence to
show that Bran had any negro blood
in his veins.
Zone of the most wicked things that
was said. was If you don't convict this
man believe murder will go on on the
nigh seas UNPUBLISHED The counsel for
the defence still believes if it was not
for Browns evidence in the case there