The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1898-04-01
THE BRAN TRIAL.

Boston, March 3l.-An important de-
oision. and one said to establish pre-
oedent. was announced when Judges Colt
ara WeDp took their seats in the United
States circuit court at this morning 8
session OF the Bran murder trial on
the question they have had under consid-
eraulon for several days as to whether
portion OF the testimony of the defen,
dant BRAN at his previous trial should
be introduced at the trial. The defence
ooJeoted to the admission of the evidence
on the grounds that it was, indirectly,
forcing the prisoner to testify against
himself, which was violation OF the
constitution Of tho United States. Inc
decision was to the effect that the cyl,
dence given by Bran at the previous trlal
was voluntary and therefore the reading
Of stenographio report of that evidence
was IN no sense violation OF the prls-
oner's right under the Constitution;
With this point decided, Lester MONKS
was recalled and identified the log
book of the Herbert Fuller and testified
to having seen Bran write in 10.
Capt. Ernest Nash, brother OF Capt.
Charles I. Nash, for whose murder BRAN
is being tried. was called. HE had sailed
the Fuller, he said, and he explained the
steering Of the vessel and the action OF
the sails when she came up into the
wind. In answer to MIR. Jones, witness
said that under the conditions OF winds
and sea that existed on the night OF the
murders, the Fuller would hold her
course only about one minute, but 1t
might be possibly three minutes before
the sails began to shake.
In answer to the hypothetical question
as to how long the vessel would keep her
course with the same conditions OIL WINDS
and seas as existed on the night of the
crime and with the wheel lashed unoer
the most favorable circumstances de
replied, ssNot longer than two minutes"
Capt Jesse Wyman of Melrose was
then asked the same question. His an
swer was that two minutes was the
longest possible time she could keep
on her course.
At the afternoon session cross exami-
nation By Mr. French proceeded. Wit
ness said that although the vessel would
not keep on her course more than min
utes, it would be some time longer than
that before the sails would begin to
shake and make noise. The officer of
the deck would not know she had left
her course until she was off several
points until he went to the compass
The greater part of the cross-examina-
ton was regarded technical points and
no further testimony of Importance was
developed. Capt Edwin G. Emmerton,
o retired master mariner, was next
called. He said he followed the sea for
50 years and for As years had acted in
the capacity of officer, being master
for the most part of that time. He ex-
planned the duties Of a first mate and
said that If he was doing his duty, moth
ing should transpire upon the deck of
ship during his watch without his
knowledge. He should take his position
on the quarter deck Ewhere he would have
a commanding view of the entire ship.
In answer to the lengthy Hypothetical
question put by Mr.. Jones, he replied
theEyessel would. not keep her course one
minute.
The direct examination was not con-
Guided when court adjourned at O'Clock.