The Portland daily press., 1888-04-03
Tho Motion for a New Trial.

The motion for new trial OF Stain and
Cromwell, which their attorneys, Messrs.
Barker and Gillen presented IN court at Ban
gor. yesterday, is q very interesting decu-
ment. Eleven reasons are urged why new
trial should be granted, which may be
summed up briefly as follows:
l. Because one Willard K. Mudgett Of
Bangor has succeeded in demonstrating that
1t would not have been physical impossible
ty for Mr.. Barron to have locked himself into
the safe without screw driver; but that on
the contrary. Mr. Barron might have done it
with pen knife or even ten cent piece.
q Because credible witnesses have since
the trial established tho fact that Charles +.
Stain did not live at Aedfield during the en-
tire year Of 1877 and until January 1878. as
he testified that be did but was in Maine.
s. Because 1t can be proved that Francis
N. Bowman, who testified that he war the
proprietor OF the Farmers Hotel In Augusta,
In 1877, and that threc unknown men who
declined TO register, took dinner with him en-
July 18th, in reality was not the proprietor
OF the hotel at that time, nor did he have
any interest there.
~. Because it can be proved that Wheeler
the Medfeld stable keeper, never owned a
mare "Flora" or horse star" the anil
mails with which young Stain testified he and
his father went TO Dexter In July and No
vember, 1877.
5. Because expert locksmiths of New
York and Bangor declare that the locks on
the doors of the Dexter Savings Bank were
of such kind that no impressions could be
taken from which keys could be made. as
young Stain testified they were lnadc after
the preliminary trips.
g. Because the resemblance between the
handwriting OF the elder Stain and that Of
the b. G. Sanborn signature on the Star of
the East receipt OF Nov. 20, 1877. Is merely
accidental; az can be shown by the testi-
mony of ono B. C. Sanborn. Of Lowell,
Mass, who will testify that he shipped
horse and a two-seated wagon from Boston
to Gardiner on Nov 20, 1877.
7. Because 1t can be shown that at the
time of the alleged deathbed confession Of
the elder Stain to his son In 1881, the son
was not at his fathers house at all but In
Maine.
s. Because 1t can be shown that the al
LACED secret closet In Stains house was
not a secret place at all, but merely rough
closet left In finishing the house, and used
for a time as ladder way to the attic
8. Because Charles l.. Winslow Of Dexter.
will testify that day or two after the tragedy
he found cracker crumbs, not only upon the
settce but ON the floor behind the settee and
so mixed with dust MS to indicate that they
had been there long time.
10. Because DR.. j. H. Richardson, Of
Medfeld, is prepared to testify that Crom-
well really did have sunstroke in Septem-
Der, 1877, and suffered from it for long
time afterwards.
IL. Because 1t can be proved by several
new and reliable witnesses that David l..
Stain was In Medfeld and not in Dexter on
the 22d of February, 1878, wien J. Wilson
Barron was found dead.
For establishing all these very important
points the counsel rely upon the testimony
OF large number of witnesses residing
both In Maine and Massachusetts, The
question naturally arises: "Why were not
these witnesses brought forward at the
trial?" The reason which the petitioners
give is that some OF them were very re.uct-
ant to admit any knowledge of the case pre-
vious to and at the time of the trial, because
the newspapers were full of sensational
stories, and because anyone who made any
statements in favor of the accused men was
liable to be unsupported, or worse still, to
find himself discredited by jealous news
paper partisans of the prosecution. Not
thinking that Stain and Cromwell would he
convicted these witnesses did not feel 1t
their duty to tell what they knew. But