Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1898-03-16
BRAINS SECOND TRIAL
His Counsel Waging Fiercer Battle Than Ever
to Save His Lite.

IL al Z,
who once has been found guilty Of
murder i'll the first degree. was. today.
placed on trial a second time, in III.
United States circuit court. He is
charged with having killed cantain
Nharles |. Nash, on board his vessel
the barIlcntinr Herbert Fuller uf which
hram was first mate, in July. 1896
The trial follows a decision of the
united States supreme court upon IN
appeal by counsel for The defence 10
the effect thai certain evidence was
enormously admitted at the prcvious
trial
The story of the crime attributed to
Bran has been told over and over
again. Besides Captain Nash. his wife
ana thr second mate Of the vessel
Thomas Brombcrg, were killed but the
charge against Bran designates only
the murder of Captain Nash The Her
bert Fuller was on voyage from BoS-
ton TO Bueuos Ayres when the tripl"
murder was discovered Bran was
suspected and brought in irons to Hal
flax, and later, to Boston, where h. was
tried and found guilty. last spring.
Formal proceedings in the case be
gan, at 10 o'clock today. Shortly after
9 o'clock. the 119 citizens summoned ON
the venire from which the jury was 10
he selected began to arrive.
Just before 10 o'clock. Bran was
brought into court by Deputy Marshal
James ii. Waters. The prisoner was
pale and apparently nervous Bran
was scarcely seated when his attor-
neys. Messrs. Golfers. French and bore.
by United States District Attorney
Boyd h. Jones
As the clock struck 10. United States
Marshal Swift announced the court.
ana Judges Colt and Webb. who presid-
ed at the previous trial, took their
places on the bench. Messrs. Casey
and Washburn then joined Mr.. Jones at
the table used by the government
Clerk Trowbridse read an order of the
court providing for the selection Of
jurors by drawing the names from a
box before examining them. ana Mi
Jones asked that the court order on
tored on the records of the court an or-
der setting aside the verdict in the ca So
and TIL" order for new trial
MIR French then asked that the court
pass on the petition filed in court yes
trrday. stating that the defendant eX-
cepted to the denial Of the petition.
The court denied tie exception. NIr
French, fur Bran, excepted to the Dc
nial Of the exception.
Immediately. On motion of District
Attorney Jones, that the ease DC open
Cd. Counsel French Of the defenc"
arose ana objected on the ground that
h.N h.,I u Ia,
means or opportunity Of getting the
necessary information @ardug thr
amtecedents of the jurors.
Mr.. French said. hoNcVrr. that he
would he satisfied if the district attor-
ncy would allow them to look over The
data Which the government had recciV-
ed as the character ana lives of the
men drawn on the Vcnirc. District
Attorney Jones claimed that he would
be pleased to show the drfcuc" the data
referred TO, but for the fact that on the
back Of some of the papers considerable
memoranda had been recorded. which
lie would not care To- show to The de
fence.
The court after stating The laW of
Massachusetts and the federal courts
as I" tn" drawing Of jurors, said that
there was 10 provisions for the author
izing of money for such purpose and
The application for delay was not
granted.
n motion for The pauclling at Tho jury
Na% made 10y District Attorney Jones.
Tho counsel for the dofcnc" then chal-
Hinged the vrnirc IF the jurors as a
whole on several grounds.
The ruul.t tbpL q rpepsS uf p1t,,Iin.;