Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1888-03-02
PLEADING.
Attorney Barker Ably Argues
the Defense.
He Lays Great Stress Upon the
Suicide Theory,
And Claims that AlibiS have been Proven
Beyond a Reasonable Doubt"
Strenuous Efforts to Excite the Sympathy
Of The Jury for the "FriendlsSS and
PennileSS Prisoners.
Attorney General Baker Follows with a
Clear and Forcible Argument for
the Government
And Claims that AlibiS have been Proven
Beyond a Reasonable Doubt"
Attorney General Baker Follows with
Clear and Forcible Argument for
the Government


| Special to the kennebec journal.
BANGOR, March /.
1t may be said thar relief came to all
whose duties have compelled them TO follow
the course of this trial, when it was aRuounc-
ed last night that all the evidence was in.
And yet the evidence of yesterday afternoon
was of such nature as to create the great
est excitement among the spectators and con-
sternation to the defense. Some no :; when
the thing dropped the defense was caught
mapping and made desperately weak efforts
at cross examining the witnesses of the pros
ecution. The evidence was of such "A u ture
as to completely dumb-found the prisoners
They sat in their seats with their every feat
ure portraying IA dispair that could but be
most noticeable Stain was the cooler of the
two and tried to maintain his old defiant air
Cromwe ell finally covered his face with his
hand and yet failed to prevent his feelings
otherwise from being detected. As his past
record was laid bare he would start be fore he
was aware. 1t was truly pitiable sight to
witness the two men.
1t was no wonder that after the exciting
events of "Wednesday afternoon, that the
court room was crowded this morning as
never before since the opening of the trial
All the space within the bar was reserved for
the lawyers and rheir friends. The dock was
brought in and placed just behind the bar and
the prisoners who have hitherto been seated
within the bar were placed in it. officer
Allen took position or the right and Sheriff
Barker of Dexter a position on the left of
the dock. Among the Augusta people seated
within the bar were Hon. j. Ii. Manlry. l.
G. Cornish, ESD, and Capt McAIichaelis
Volney 5. Sprague of Dexter former couu-
sci for Cromwell, stepped to the dock aud
shook hands with the prisoner. At twenty
four minutes past nine the Judge aud counsel
entered the room. Cromwell appeared more
nervous than at any time during the trial
He occasionally shrugged his shoulders as if
his coat didn't tit. Stain sat upright, not
moving muscle, The deposition of james
II. Fowler of City Mills, Mass, was read to
the jury by Counsellor Gillen. From his
memorandum was the following:
Feb. ~, 1878, went to Dedham for sheep
Bought ten sheep Feb. 20, at S4-Si0; g2d
drove them don't know whether saw
STAN or not but two men helped me drive
them over the crossing. One stranger said
something to the drivers about his color. The
! 1
Der. | read about three inches of the article
in the Boston Globe which purporied to be
my story. was disguised, aud burned the
paper" After reading the deposition, Mr.
Gillen said that as the government had with
drawn objections to a record of the IRE de
partment in Medfcld he desired to put it in
Mr.. Barker said that while he thought it
would be inadmissiblo, the go,ei m,eut lid
not care enough about it to object.
Under the date of March 9Th. 1873. ID. l..
Stain was sworn in rs member of the fire
company.
Loring Codding, of Medfeld. then took the
stand. and identified the two lunches of keys
shown Stain as those which he found in Sep
tember, 1856, beside stone wall near
Stains house, the distance being about 50
rods from the house on the road leading to
the village, on Frank ilamants land. They
were found under fiat stone. There were
seventeen keys in the lunches. MIR. Barker
then began his plea. As he rose perfect
silence pervaled the room, and every ear
was bent to catch his every word. lie said
Gentlemen of the Jury
| congratulate you upon the approaching
end of this long trial. After the counsel
and his honor have closed, you viii assume
a grave responsibility. You are dealing with
the future of these two men. 1t your YER
dict is against them these men will be ciSilly
dead. These men stand here. frlendless,
penniless and alone without the money to
being witnesses here in their behalf from
Massachusetts, where no Maine subpoena
can reach them. Perhaps these men have
not deserved the friendship of the people in
Massachusetts. They are so much the
more to be pitied Because they have done
wrong and have been guilty of petty thieving
is no proof tina, they killed Cashier Barron
The press. the greatest moving power OF
public opinion IN the world has been against
them all along Public opinion has raised
howl for a sacrifice and perhaps 1t has desig
mated the right men for the victims. Oue of
them has only poor, broken hearted wife the
other daughter " ho has risen from sick
bed TO testify for her father who has ever
treated her most kindly. These persons are
not surrounded by large circle of influential
friends in this hour OF their atiictioa. The
government has charged these men with
the murder of Mr.. Barron. They must prove
it. They mnst prove it beyond reasonable
doubt We are not called upon to prove
these men innocent, but To raise such doubt
in your minds that you can say cuasctenti-
ouslv that il is not a reasonable doubt. Mi,
Barker dwelt at some lengta upon hat con-
stitutes reasonable doubt. There is no
sound policy in rendering decisions beyond
the scope of the law. In this case the gov
ernmens start with living man and il fol-
lows that it is their duty to'proye murder.
DO they account for the death
of this man: rhey call one
single witness, Mr.. Cromwell. to Ills
cribe the wounds on Mr.. Barron head: but
they fail to prove tha; ANY of those wounds
would cause his death. Isn't ii ilifle SIN
yular that they do not cali the physician who
attended MIR Barron at the time of his death
| Gentlemen. il paiued me to be Obliged 20 put
in the record of the suicide theory. felt
il however to be my duty to leave no stene
uuturned to aid you in coniins TO correct
understanding of this case do not ask you
to find that Cashier Barron came to his death
| by suicide. But think we have shown
| that il is beyond q reasonable doubt that Mr.
| Barrou was murdered, We have shos you
the tracks on the floor in tie back room.
But If Mr.. Barron had fallen as witnesses
for the prose cution testified that be did when
struck by the slung shot. would there not