Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-12-14
NEW TRIAL GRANTED
By United States Supreme
Court for Thomas Bran.
Decision Made on Admission Of Evil
dence of Detective Power.
Latest Developments in The Cases Of Luet.
CERT, Durrant and Others.

Washington, Dec. BIN the United
States supreme court, today, an opin-
ion was handed down by Justice White
in the case of Thomas Bran under SEN
tence of death by the United States
circuit court of the Massachusetts dis
trict for the murder of Captain Charles
|. Nash of Harrington, Me-, comman-
der of the bark Herbert Fuller, on the
high seas, in July, 1896.
The decision of the circuit court was
reversed on the ground that the lower
| court erred in admitting the testimony
of the detective with whom Bran con-
vcrsed in Halifax.
An examination into the case by the
United States consul at Halifax re-
suited in the holding of Bran and the
sending of him to the United States
for trial. While he was confined in
Halifax, Bran was stripped and CUES
toned by detective on behalf of the
prosecution and it was upon the ad-
mission of his testimony by trial court
that the decision of that court was re-
versed. This detective stated to Bran
that Brown, the seaman under arrest,
had made a confession, saying that he
had seen Bran commit the murders.
Bran was reported by the detective to
have replied by denying his guilt in
such language as to make his denial
a confession by implication. saying
that "he did not see me; how could he
from where he stood
There were 60 assignments of error but
it was upon this last one that the de-
cision was principally based. This con-
finn Vi1Sfi nfi
mitted as a confessions hence the cOnsid-
GRAFTON of the measure of proof which re-
suited from it does not arise The prin-
cipal question involved was whether the
admission was voluntary; if not, it was
in vain of the fifth amendment to the
constitution of the United States. which
provides that in a criminal case no man
shall be compelled to testify against him
self. He said it was evident that the con-
fession was not voluntary and that there
fore it should not have been admitted as
testimony.
Under the harassing circumstances.
stripped of his clothing as he was and
confronted by an officer. the man felt
that he must say something. The state
ment made to him was calculated to pro-
woke n confession.
The situation of the accused and the
nature of the communication made to
him by the detective said the justice,
necessarily overthrows any possible i'm
pIitdtltfl tDdt HIS reply u llt uttettINt
could have been the result of purely
mental action. that is to say. when all the
circumstances are considered
in their true relations not only is the
claim that the statement was voluntary
overthrOwn. but the impression is ire
sistib!y produced that it must necessarily
have been the result of either hope. or
fear, or both, operating on the mind
Hence the conclusion was reached that
IAN influence was eXerted.' and the con-
clusion drawn that as any doubt as to
whether the confession was voluntary
must be determined in the favor of the
accused. we, cannot escape the conclu-
sion that error was committed by the
trial court in admitting the confession
under the circumstances"
The lower court in conclusion was di-
rected to grant d new trial.
Chief Justice Fuller Justice Brewer
and Justice Brown dissented from the
opinion of the majority of the court. Jus
tice Brewer read a vigorous opinion Civ
ing his views. He held that the test-
mony of the detective in question, whose
name was Power. was not open to objec-
ton. Power had testified positively that
no threats were mad. to Bran and no
neiG out
Clearly. therefore,. he said. "the court
overruled the objection at that
time made to giving his testimony of the
statement of the defendant