The Portland daily press., 1888-03-02
BARKER AND BAKER
Talk to the Jury About stain and
Cromwell.
The Case as Viewed by the Counsel
on Each Side.
Probability That This Will be the
Last Day of the Trial.

DANGOis, MARCH l. nc cNlucuCc oh poeh
sides, in the Stain and Cromwell trial, is
now all in and the arguments have begun
The interest in the case is still intense, and
everybody has been crowding to the court
house today to hear what the lawyers have
to say to the jury in regard to the stories Of
the various witnesses, which have SO often
conficted.
People going to and from the court room
talk now one side and then on the other, Sc
it is hard telling just what effect all this
mass of evidence has had ON the minds OF
the people who have heard it. Those who
thought that the incident in regard to Chas
Hamant's horse was conclusive piece OF
testimony on the alibi side, were again
thrown into doubt by the evidence of ALI.
son B. Dyer of Medfeld, given yesterday af-
ternoon. He said he went to Stains house
some time in January, 1878, and Cora told
him that her father was 'down east"
When the court convened this morning a
number of prominent gentlemen from differ
ent parts of the State occupied seats within
the BAR
DEPOSITION OF JAMES II. FOWLER.
Counsel for the defence first offered the
deposition of James II. Fowler of Norfolk.
Mass. "On the 22d day of February, 1878. ]
passed through Medield with a. flock OF
sheep. Here a memorandum by Mr.. Fow-
ler was read, giving the datel. l drove be-
hind the sheep in top buggy, and had a
man driving them. / don't know whether
saw Stain or not. | remember two men
helped us over the railroad crossing. One
of them made some remarks about my driy-
er, and / asked the other who his companion
was, and he gave me his name, but don't
remember it."
In reply to cross interrogatives MI Fowler
said he read three inches OF a newspaper
story about his driving the sheep, became
disgusted and burned the paper.
The government withdrew their objections
to the admission of the fire company's record
and counsel for the defence read from. It,
showing that ON March 4, 1878, David IL.
Stain was received as member OF the COM
pany.
LOSING S. GoDDING
was then called by the government. He had
lived in Medfeld for IL years. Two punches
of keys were presented to him which he said
he found in September, 1876, by the side of
the road near Stains house in the woods. He
found the keys under fiat stone while re-
moving wall. The wall was about 40 or 80
rods from Stains house on Frank Hamants
land.
Mr.. Rarker's Argument.
At 10 o'clock Lewis A. Barker, Esq, coun-
sci for Stain, proceeded to deliver the closing
argument for the defence. He opened by re-
minding the jury of the fearful responsibility
before them, and that their decision would
affect the future lives of these unfortunate
men. They stood here penniless and friend
less, and were handicapped by the fact that
witnesses could not be obliged to come from
Massachusetts to testify at the trial. He re-
ferred to the aid which the government had
received from the searching investigations of
outside detectives for ten years. Among those
who had believed that Cashier Barron was
murdered there had been a demand that
some one be offered up as the murderer and
they thought these men would answer that
purpose, perhaps, better than any others
who might be obtained. In feeling manner
Mr.. Barker spoke of the prisoners and their
weeping and humble relatives. He did not
think because Stain and Cromwell were
convicted of crimes in Massachusetts, that
they should be brought in guilty of murder.
The jury must be satisfied beyond reason
able doubt that the prisoners are guilty and
the prisoners by law are entitled to the
doubt.
able doubt and cited the definition adopted
in this State. The government may claim
that it IS almost impossible after ten years to
prove beyond reasonable doubt, yet the
laws should not be strained to secure par
ticular end, no matter how desirable. 1t is
the duty of the government to prove muir
der. They start with living man. How
do they prove murder? Gentlemen they do
not put on one witness to prove that the
wounds on Mr.. Barron's head caused his
death. Isn't it little singular that they
don't call those professional gentlemen who
attended Mr.. Barron, to prove of what he
died? 1t had panied the counsel to put in
the suicide theory but his duty to the pri-
soners required of him that he leave no stone
unturned to protect them.
intended TO commit suicide, but he did things
which obliged him to place himself in the
position in which he was found. He alluded
to the testimony that there were no marksl
where a heavy body had fallen on the Goa
room floor, while in Stains alleged confess
sion it appeared that Barron was struck to
the floor and choked. Mr. Barker referred
to the coal hOd. pen and false teeth. Why
should the handouts key be found in the
coal room when the cuffs shut with spring?
Isn't it a little singular that no sound was
heard by Miss Wood in the telegraph room
below if there was a scuftle above or heavy
body had fallen? Isn't it little strange
that these men should select the broad day
time to rob bank when people were con-
stantly calling at the bank?
Mr. Barker argued that if struck on the
cheek by slung shot the wounds would
have been much greater than found and that
the flanges of the door when pushed would
have caused the wounds. The testimony OF
the physician that Mr.. Barron appeared to
be under the influence of narcotics on the
nj n
Barker's theory was that Mr.. Barron had
got his accounts into such a condition that
he must do something to save himself. and
held that there were various discrepancies
and alterations which could not be explain
ed. He reviewed the evidence in this direc-
tion. His accounts on the 22d of February
were proved to be $505 short and he charged
it to the government bond which has never
been found. The speaker demonstrated that
Barron could have. placed himself IN the
Mr. Barker spoke at considerable length to
impeach the the testimony of the witnesses
for the government who identified the. pris-
oders and noticed discrepancies In their evil
dence. He thought il surprising that mur-
derers should be perambuating about Dex-
ter in public all day if they were robbing
bank. The similarity between well known
men who went into the bank that DAY
and those whom the government witnesses
said they identified was noted. The routt
to have travelled after the robbery was fol
lowed by the counsel and the weak points In
the testimony relative to the distance trav.
elled and the "rangy" horse were sifted
out
Att O'Clock the court adjourned until af
| ternoon.
Afternoon Session.
Upon the coming in Of court, Mr.. Barke
continued his argument for the defence
and came to another branch Of the case-th
| Stain gang. He denied that there was an,
such band of men. He held that ali the so
called secret places in Stains house were ac
| counted for. John Harvey was arraigned
his record reviewed, and his statement abon
| Cromwell's confession pronounced incredi
BILE. Mr.. Barker next paid his respects t
| Chas. F. Stain. If the story he tells is true
he is the most unnatural monster ever hear
of on this green earth. If false, his offens