Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1888-08-04

The arguments in the Stain Cromwell cas-
were continued Friday morning. Attorney
General Baker began his argument for tn.
government at $50 A. NJ, and occupied
two and one-half hours. He claimed tha
section of the statute under which it's claimed
that the Law conrt has jurisdiction, was re-
pealed with the death penalty.
This is not a capital case. The argument
was mainly as to the newly discoyerd evil
dence which was taken up point by point,
After this protracted trial and the solemn YER
dict of the jury, said he, what does the de-
fence present 20 shake the firm position of
the State. The defence consists of two
branches, suicide and alibi.
The new evidence has been divided into
these two branches and to seyering one sin
gle strand in the great cable of government
evidence, the testimony of young Stain. As
to the suicide branch, Mr.. Baker claimed
that the experiment of Mr.. Mudgett in look
I ing himself into the vault, is only a repeti-
tion of the experiment performed before the
trial. Mr.. Mudgetts experiment omitted
/ three important factors found with Mr.. Bar
ron--the absence of wounds on the head, the
unattached string curled up as it would
naturally fall on Mr. Barron's breast as he
| lay on his back and the fact that Mr.. Mud
| gett had lamp and Barron none. BY the
secret hiding places in Stains house in Med
| field, to the breaking down of young Stains
testimony in that particular confederation,
and the cross-examination of their witnesses,
the government drew out the fact of num-
Der of others which Stain had for that pur-
pose.
As to the new evidence tracing the where
abouts of young Stain, which have been
| heralded through the newspapers, it only
brings him down to the period just prior to
the jury trip. Another set of witnesses take
him just after that trip to Dexter, when he is
lost sight of. except by his own testimony,
and it is strongly corroborative of the gov
ernment's position.
| MI. Baker took up the testimony of the
defendants witnesses, were they undertake
to show that Stain was in Oakland and other
places at the time he says he was on the
July and November trips which he claimed
was worthless on account of the character of
the witnesses, or their unreliability or recol-
lection.
Having taken all this testimony to show
that young Stain was in various towns and
could not have been on these trips, they un-
earth fellow named Ware in the Massachu-
setts state prison, and proceed to show
with elaboration of detail by him that the
testimony of all the new witnesses is false
because he swears that Stain did hot go on
the July and November trips, although he
claims to give different object for them,
that is to get away from some fancied danger
of arrest.
Now what is the court to do? If Ware
tells the truth, the other witnesses are false.
If they tell the truth, Ware has lied, and
if the verdict is to be set aside, on which one
of these liars testimony is it to be done
The fact is, though they have ransacked
every corner for evidence and taken 1t into
their own hands, the whole mass, whenever
it touches young Stain, brings him down to
the July and November trips, but does not
trace him through these times. except by the
witness.
Mr.. Baker then took up the testimony as
to the b. f. Sanborn receipt. He said it was
a collateral issue forced into prominence by
the defence who, wheni was produced and
the government called attention to the great
similarity of the hand writing to that of Stain,
claimed it was forgery. The government
met the issue as offered, and it has since
turned out that the government was correct
and the receipt is genuine, although not
signed by Stain. But there was another re-
ceipt for a beach wagon and horse, and this
was not accounted for by any new evidence.
As to the identification of Stain and Crom-
well by citizens of Dexter, as having been
seen by them in the town on the day of the
murder, Mr. Baker said We recognize
our friends by general appearance and not
by detail 1t is general appearance. You
may be mistaken as to man you have
known all your life, if asked about the color
of his hair or eyes. The counsel then read
the testimony of Chase, the new government
witness, who says that he saw stranger in
Dexter on the day of the murder, and that
he went to the Jail in Bangor and picked out
Stain among all the other prisoners, as the
man ne saw.
Mr. Baker then took up the testimony of
each witness in Medfield, who claims to have
seen Stain about the day of the Hammond
horse stealing, which was the day of the
murder, and claims that it was unreliable
because these people we're criminal associates
of Stain, and it was denied By Stain himself
at the trial.
Mr.. Baker closed at noon and Mr.. Gillin
replied very briefly and the court adjourned.