The Portland daily press., 1888-08-03


junior counsel for the defence. He confined
himself to history of the case and the orig
inal testimony at the trial
MIR. GILLIN's OPINION.
Mr.. Gillin pointed out the inconsistencies
of the three stories of Charles F. Stain, the
one at Dexter at the preliminary examina
ton, his testimony at the trial at Bangor and
his previous story to Mrs. Barron. He char
acterized Charles f. Stains story as the aorta
Of the case; that every particle Of testimony
outside of it is subsidiary to it and forms the
network of the circulation and claimed that
when, as the printed case shows, the aorta is
diseased with the small pox of falsehood the
whole case falls to the ground. He comment
ed upon the change CT Stains testimony in
regard to the different trips to Maine, the
ownership OF the horses. the b. f. Sanborn
and Stains statement that he was in Med
ford during the whole year of 1877. whereas
the records show that he served a sentence in
Augusta jail from February 10, 1877, to May,
The counsel said that notwithstanding so
much had been said about the terrible record
OF David l.. Stain and "the Stain gang" the
only record Of conviction the government was
able to procure against David was one for re-
cceiving stolen goods, gold ring, for which
MR.. bankers ARGUMENT.
Mr.. Lewis A. Barker, senior counsel for
the defendants, said he believed he repre-
sented two men as innocent of the murder of
John Wilson Barron as any man within the
sound Of his voice. 1t was because of that
belief that he was here. He believed that
the attorneys for the State were honest in
the prosecution but have been imposed upon
to an extent never before known in the
history OF any criminal trial in the country.
Mr.. Barker went over the testimony as to
the finding Of Barron, the condition of the
bank, the books and other facts showing a s
ne claims that Barron dieu from asphyxia
produced by dose of morphine and close
confinement in the vault. The counsel said
they did not claim that Barron intended to
commit suicide but did intend to put himself
In position to give the appearance of hay-
Ing been assaulted and robbed. Mr.. Barker
also went over the evidence of defalcation
or shortage in the funds of the bank. He
then took up the new evidence bearing upon
the possibility of person being able to
place himself in the vault without the aid of
a screw driver by the use of a 10 cent piece !;
the new evidence bearing upon the owner
ship Of the horses with which young Stain
says they made the two trips to Dexter, and
the secret places in David Stains house for
the concealment of stolen goods. He claim
ed that the new evidence upon these matters
effectually disposes of Charles Stains story
and the claims of the government in that
regard.
Mr.. Barker, In commenting upon the r. r.
Sanborn receipt, which is the receipt for the
horse and wagon shipped on the boat and
which the government claims is in the hand
writing Of David L. Stain, said it was this
receipt that convicted Stain and Cromwell;
that II II was admissible he could show by
afiidavits of jurers that it was the turning
point in the case. Since the verdict they
have found b. H. Sanborn who testifes that
ne shipped the horse and wagon on that date
and gave the receipt.
:. In the afternoon he took up the contradic-
LIONS LIONS In the testimony as to the alleged con-
Charles +. Stain and read the new evidence
by which Charles's whereabouts were traced
after his release in 1881 from State prison
around through the State and which shows
That ne could not have been in Massachusetts,
In 1881 as he claims to have been, and that
he could not have been in a position to yet
the alleged confession. The counsel claimed
that the contradictions in the several stories
OF Charles +. Stain the contradictions in the
original evidence and the new testimony
completely disposes of his testimony which
is the very fabric and foundation upon
which the new case rests. There is nothing
left but the testimony of John Harvey and
tne testlmony OF the people who identify
stain and Cromwell in Dexter and vicinity
on or about the time, the 22d of February,
and. as the counsel clained, Stains bitter
enemy.
Mr.. Barker ridiculed the idea that Crom-
well, who stood in mortal fear of Stain.
would have confessed his completely in the
Dexter affair to Detective Bean, who was an
enemy OF Stains, and so known to be by
Cromwell.
The counsel next took up the testimony by
which the government claimed to identify
stain and Cromwell as being the persons
seen Ia Dexter on the day of the murder.
Twelve witnesses testify to seeing them that
gay and they gave Stain brown whiskers,
tull sandy beard, moustache, gray beard and
gray hair, etc,-six different styles of beard
The counsel secuted the idea that these old
accomplished thieves, burglars and bank
robbers, according to the claim of the gov
eminent, should have been seen eleven times
in Dexter ON the day of the murder, in broad
day light, hanging around the bank door and
standing in the door for an hour at q
time.
Mr.. Barker then took up the new testimo-
mony, in relation to the whereabouts of
Dayid L. stain on the day of the murder at
under disadvantage that after the great
lapse OF time they could find no event oc-
curing on the I'D of February, 1878, in OF
about the town of Medfeld, by which Stain
and other witnesses could refer to to fix his
whereabouts at that time. At the very last
man by the name of Hammond
had horse stolen ON that date
IL was then too late to show it or procure
testimony of Stains whereabouts, but Stain
TESTIFIED that he was in Medfeld at that time.
since the trial, the defence has procured the
testimony of seven witnesses who corrobo-
rate Stains story that he was there when the
Hammond horse was stolen, and by other
testimony it is proved that the horse was
stolen on the morning of Feb. 22d, 1878, the
day OF the Dexter robbery. To rebut this.
says MI; Barker, all the government have
are the dispositions Of four persons, two of
whom have grudges against Stain, who saw
that at the time the Hammond horse was
stolen it was said, "You can't lay this to
Dave Stain, because he amt in town" that
they think there was rumor that Stain was
out Of town. and this testimony the counsel
claimed Is not admissible, and if it is has nc
force whatever
One OF the many peculiarities about this
remarkable case is, said Mr.. Barker, that ac-
cardlng to Charles F. Stain, one Billy Scott
was with his father and Cromwell on these
trips. But all these witnesses who identify
Stain and Cromwell as having called on
them, and whom they carried at different
times about the country, make no mention
OF third party, and yet every time Charles
Stain sees them Billy Scott is with them.
Billy Scott Is myth, the creation of Charles
+. Stain. Even the main government wit
ness, John Harvey, says that he never knew
such a person, and does not believe he ever
existed.
One of the strongest pieces of new evil
dence and upon which the counsel laid much
stress is the deposition of Philo S. Felter, OF
Hardware, Va, the inventor of the lock
used on the Savings bank door who. ties titled
that it is fiat tumbler cylinder lock con.
tanning from rs to 80 tumblers brought into
line by the coin shape of the key; that he
knew Of no way in which an impression Of
the lock could be taken that would aid In
they must have either key or the impress
SION OIL a key. But young Stain testifies that
. .hhey went to Dexter and got impressions OF
NJ, Ne LOCKS 1 from which the keys we're made
NIL MI, Barker claimed that the keys to the lock
s Tere accounted for at the trial and were
sinu ~ n a 70 have been out of the posses
si9n OF tne persons who had them.
Mr.. Barker closed at 3 O'Clock and the
court adjourned and went into consultation,
Attorney General Baker will begin hi.
argument at the coming in Of court this