Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1888-02-24

W. Barron then gave evidence. Il last saw
my husband alive on February %. 1878.
When he left home he had been in his usual
health and had observed nothing unusual al
the time or previous in relation to his health
or deYiment. He said that he was going 10
10 the bank and bade me good bye as usual.
being in his usual spirits. He said he hoped
to return by 5 or O'Clock in the afternoon.
next saw him about O'Clock in the even
ing in the National banking room, uncon-
seious. / remained with him. He continued
unconscious and died at 5.45 in the morning.
saw the bruise under his right eye and the
confusion on his forehead | think
Cross examination Il think there had
been extra calls in tie way of business at the
bank, but he had not spent any more time
than usual there. | male no arrangements
with him about dinner He said he wouldn't
return till ) or O'Clock. There was no
post mortem" examination. He left his
watch at home as he did occasionally.
cannot name any particular day when he left
his watch at home. The first heard of the
Stain stor, was in January, 1887. Last
September young Stain came TO my house
and told his story | should say that Stain
did not tell me that his father in his confess
sion implicated either Andrews, Thompson
or Kelley. My husband left his watch at
home accidentally.
At 4 o'clock Mr.. Gillen proceeded TO open
case for the defense. He said Ii is with
almost a feeling of timidity that enter into
this case, | feel that the prisoners counsel
will prove their innocence if they are able
men and amply qualified. Through the
columns of the newspapers the public mind
has been prejudiced against the prisoners in
this remarkable case, which reads almost
like a romance" Mr.. Gillen defined the law
briefly and then went on to review the case.
The main evidence in the governments case
is the testimony of Charles F, Stain and
John Harvey, he continued They are the
trunk and the other witnesses are the
branches. When it is intended to convict by
circumstantial evidence, every circumstance
must be proved. Now if you tear down the
main trunk the whole fabric falls. You will
not have TO go TO Massachusetts to disprove
the testimony of Chas. +. Stain and that
he is "a treacherous and designing villain.
We will show you that there was never a
horse shipped on The Star of the East, in
July or September by Stain; that every horse
that went on the steamer was given to his
owner We will show to You that on neith-
er of the trips in July or November were
there passengers having on board horses who
were under assumed names. We shall also
prove by reliable witnesses from Massa-
chusetts that David l.. Stain purchased bill
of goods the 10th of February, 1878, from
parties in Medfeld; that Chas Stain was
not in Medteld, Massachusetts from Nov. 5,
1917, to Jan. 2, 1873; that he was in the
Augusta Jail during February, March and
April, 1877, while he swore twice that he
was never in that Jail that John Harvey at
te mpted to take the life of David $. Stain.
Mr. Gillen outlined the well known sui
eide theory and presented a plan of the Dex-
ter Savings Bank to the jury and held that the
on Mr.. Barrons head was made by
the pushing of the vault door against it by
the bank officers that the only marks in thu
coal dust were the footsteps of one man GO
ing to and from the coal bin that the light
and screw driver were found in the vault;
that in the drawer OF the safe were two pack
ages of money so that if any men came in
there for the purpose of robbery they never
touched it; that there was nothing taken
from the bank; that Mr. Barron time and
again had fixed his books and sometimes
bridged them over to the amount of 81, 900
We will, he said, also produce the trial bal
auce to which two men have placed their
names and on which afterwards six figures on
it were changed by him. We shall further
show tina: the figures S2lS, 900 on the books
was altered to 1922 900, and shall place five
different witnesses on the stand to whom
Cashier Barron credited with money which
they never deposited and charged with sums
which they never drew. We shall introduce
another witness who went into the Savings
Bank, Feb. %, 1873, and found Mr.. Barron
on his knees alone praying. Mr.. Gillen re-
viewed the evidence of the defense which
would be introduced to prove the alibi They
would show that on the 18th of February,
1873, a man went to Stains house to get a
pair of boots tapped. and on the 2lst follow
ing they were delivered and Stain took the
pay for them; that on the 22nd of February
both Stain and Cromwell were in their own
houses with their own families; they would
the public record to show that
Cromwell took his little daughter to school on
the Goth of February of that year and again
on the 25th and would show the whereabouts
of the prisoners in August and November
Here the prisoners Foster and Whitney,
were brought into court and arraigned for
assault and robbery on Peter Bennett at
Newport. Foster pleaded guilty" ard
w Whitney ''not guilty"
Adjourned,
Notes
Among those present today we're
Labor Commissioner Matthews. Col.
Joseph W. Porter of Bangor, Col Charles
Wing of Winthrop, Joseph Bradstreet of
Gardiner, o. NJ. blanchard the steam boat
agent of Grrdiner, and Lawyer Pierce of
Dexter. who has been influential in working
up the case.
The Attorney General, as he sits in court
is flanked by members of the fair sex who are
present as spectators and seem quite ready to
begule for him the leisure moments of the
recess. This afternoon Lawyer Cornish of
Augusta sat at the table between his profess
sional brothers, Baker and Appleton
Stain rose from his seat during recess this
afternoon and crossing TO the side of Mrs
Cromwelrs friends, engaged in conversation
with her, smiling and chatting in a very care
less manner.
Sitting within the bar today were ex-chief
Justice Appleton, Judge Emery of Ellis
worth Mrs. Peters and several lady friends.
1t was easy TO be seen when Mr. Gillen
opened the case for the defense that he was
a very ready speaker and quite vigorous for
80 young man.
If the excitement heretofore has been n
tense, when the Bennett robbers were brought
into the room and arraigne d, the curiosity
became so much more so and people were
tiptoeing on every side of the hall. As the
prisoners came in shackled together whitney
appeared the older and was few inches tall
er. His head is a little bald on top and hi
eyes are deep set and have villainous look
He had a heavy brown moustache. Foster
was younger and had black hair and eyes
and wore slight black moustache Of the
two he is rather the better looking and didn't
appear so brazen. Both were dressed in
dark suits and they made quite a
neat appearance. While waiting for
the clerk to arraign them Whitney
borrowed chew of tobacco from person in
the crowd. The electric lights were turned
on and the court room was a sight not seen
to be forgotten. As they stood together the
man called Foster was calm but pale, while
Whitney appeared somewhat uneasy.
Guilty or not guilty." asked the clerk
Guilty" replied Foster without fiinching
although he was very pale. A murmur OF
surprise ran through the room. did be
say guilty!" was asked by pc ople on every
side. who couldn't believe the ir ears. Wher
the same question was put to Whitney, lift
ing his head and looking defantly before hin
he replied Not guilty who is youl