The Portland daily press., 1898-03-19
THEY Can ONLY HANG ME-.
Remark Attributed 10 Mate Bran
By Witness at Trial.
STATE OPENS CASE AGAINST AL
LEGGED MURDERER.

Several Witnesses Testified Yesterday-At-
torney Casey's Argument lasted for
Weeks to Hear All Testimony.
Boston, March ls.-The trial of Thomas
court Is now well under way, but 1t is
probable that several weeks will be re-
quired to hear all the testimony as many
new witnesses in addition to those heard
at the former trial have been summoned.
Assistant District Attorney Casey made
the opening address to the jury. 1t was
full Of force and very vividly pictured
the scene upon the barkentine the night
on which the murder occurred as we'll as
every incident up to the time when the
vessel reached Halifax and the defendant
was taken into custody charged with
having committed the murder. 1t was
practically resume of the evidence
offered at the previous trial and occupied
nearly three hours.
All witnesses other than experts who
are to testify in the case were excluded
from the court room. They were provid-
ed quarters by the marshal and will be
called in their turns to testify.
Todays session Of the trial began with
the reading of the ruling of the court by
Judge Colt upon the petition presented
by the defendants counsel, asking sthat
three or more views he had of the vess Ell
Herbert Fuller, during the progress of the
trial Ono Immediately before the trial,
or immediately after, one at the comple-
tion of direct evidence and another after
all evidence on both sides has been sub
mitted.
The instructions delivered by the court
governing the first view are considered
stringent. They are to the effect that the
jury must be kept together, under super
vision of officers. They shall not COM
municate with each other or any person
except through the United States mar
shall.
Tho defendant, his counsel and counsel
for the prosecution are to make known
their desire to inspect any portion OF the
experiments are to be made under any
circumstances.
District Attorney Jones objected to the
petition for three views presented by the
defence. The court decided that the re-
quest was subject to the discretion of the
court ana WOulu Do dCIoA UPON os ~ WAS
deemed proper by him.
There was considerable discussion up
on proposition to view the vessel in the
night time, hut the court decided that
any such proceedings In the nature OF an
experiment. as certain conditions which
prevailed at the time Of the crime could
not now be produced.
A revision of the oath taken by the jury
was made by the court under the statut es
OF 1897, which provided that if the de-
fendant Is found guilty the jury may de-
clare him SO and no more unless they
wish to qualify by adding without
capital punishment.
a recess Of five minutes was then taken
and when the court resumed, Assistant
District Attorney Casey began his open
ing address to the jury.
Mr.. Casey's outline covered practically
| the same points as those brought in evil
dence by the prosecution the previous
trial, including various explanations, TO
the Jury of the various parts of the vessel
and many nautical terms which were to
| be used in submitting the testimony. The
address had not been finished, when at
| | o'clock recess was taken until g 30
o'clock.
| When the court resumed after the noon
recess, Mr.. Casey continued his opening
address and finished about 8 O'Clock.
! The witnesses by tine order of the court
had been excluded from the court room.
and the first one called was William +.
Jones, deputy collector of customs OF the
port Of Boston, who offered the books OF
| his office showing that the Herbert Fuller
was registered by him before her fateful
voyage.
The next was W. H. Collins, clearance
clerk at the Boston custom house in
| whose handwriting the vessels papers
were made. He testified that the entries
| xx,are ,,oada by him and yUera cQrPpnt
| &c. %. Grant, clerk in the United States
| ship commissioners office, was next
called. 1t was before him that Bran
signed the papers as first mate of the Full
| Ter. He said that Bran signed bis name
and the argeement which 1t bore was
| written by him afterwards.
Robert n. Lehan, sergeant Of police of
morning the Fuller arrived at that port,
he. with four officers, went down in a
tug boat and boarded the vessel. He
| found Bran in the after cabin in irons
| and tied with rope to a post in It's CEN
| tire. While he was removing the rope he
told Bran that he need not say anything,
| as whatever he did say would be intro
duced as evidence against him at his
trial. The prisoner made no answer.
Witness then said: "It's bad sorape
YOU have got yourself into and Bran
renlied: ITO hi with them, they can
only hang me.
On oross-examination witness said that
although present at the former trial. he
did lot repeat this conversation and that
he had never before in the presence OF
the accused or his counsel made any allu"
| sion to it,
| Adjournment was taken at O'Clock
with the witness on the stand.
|
ENGLAND INTERESTED.