Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1888-04-03

VI bN CAAfis as diir[cl " NAS So'SAhAtSA
and testified to by c. F. Stain.
I Also that A. II. Wheeler of l79 Lineol
street, Worcester. Mass. will testify that b
was a son of the Mr.. Wheeler referred to
that he was about the stable in the samms
and fall of 1877, and that his father heve
o. ned mare Flora" nor horse Star
that he assisted his brother in settling up hi
fathers business, and can name and describ
the horses owned by him in 1877, and that N,
teams were LET TO ei:her of the Stains as a
legged.
Also that Herbert White of Medheld wi
testify that he was nephew of Mr.. Whee
ler's; that was employed about the stable i
the year of 1877. and that Wheeler owne
no such horses as Flora" and Star.
9th. At the trial the government attemDte
to prove that one of the purposes of III
preliminary trips was to take the impression
of the locks on the Dexter Savings BAN
doors, that they did take such impression
and that after returning 10 Massachusetts
they had keys made from these impression
to fit the locks, and that in February, 1878
they gained access TO the bank by means o
these false keys.
And the respondents say that this matte
has been fully inyestigat ed and that they ar,
prepared to show that the lock on the Dexte
Savings Bank doors, and the one which wa
there on the 22Dd of February, 1873. is on,
made by the Ame ic. Lock Manufactur.n.
Company, patented March 3lst, ls6S, anc
numbered LIS, and that one Philo A. Eel
ter of No. 204, w. Houston street, New York
an inventor of locks and the manufacturer O.
this particular lock, that no impression car
possibly be taken in any wax or other sub
stance from which key can be made tha
will unlock this door.
Also that NJ. j. Lynch, practical lock
smith, will testify that he is familiar will
this style of lock and that in order to make a
key that will unlock til, door, the person
making the key must either take the lock of
the door and get at the inside of it or have a
duplicate key to work from.
9th. During the trial the respondents in
troduced the receipts for the freight shipped
over the Star of the East in the months of
July, August and November, 1877, for the
purpose of showing that no teams were
shipped from Boston. Among these receipts
was one of Nov. 20th,slS77 purporting to be
that of b. c. Sanborn shipping a horse and
seated wagon from Boston to Gardiner.
This was the only team corresponding in any
way 10 the team described by Charles +
Stain. After the testimony had closed, and
after the counsel for the respondents had
finished his argument to the jury, the Attor-
ney General introduced certain letters writ
ten by David l.. Stain AMI claimed that the
B. {. Sanborn receipt was in the same hand
writing and that it really was the hand writ
ing of David l.. Stain under an assumed
name. On account of the wonderful similar
ity in the handwriting, which can readily be
seen upon examination and inspection, this
proved to be the most important piece of
evidence in the case of the government and
was so regarded by the jury.
And the respondents aver at the time that
it was utterly beyond their power or that of
their counsel to meet that issue, but
that since the trial the matter has been in
vestigated, and that one b. c. Sanborn, a
credible citizen of Lowell, in the Common
wealth of Massachusetts will testify that on
the afternoon OF November 20th, 1877 he
shipped a horse and two-seated wagon from
Boston to Gardiner, over the steamer ''Star
Of the East" and that the receipt of Nov. 20th,
signed b. c. Sanborn, is an honest and orig
iual receipt in his hand writing and signed by
him.
Also that A. c, Sanborn of said Lowell
son of b. C.. Sanborn. can testify TO the same
trip made by his father on Nov. 2Uth, 1877.
hiob' ildA " imam . iftN u fhNbi, NIt.
can testify to the arrival ot b. c. Sanborn at
Avon at this time in 1877, and can fix the
date by the date of the death of one of the
members of his family. ..-.-. ---e.
nth. The government at the trial claimed
to show by Charles +. Stain that his father
confessed to him that he was guilty. of the
Barron murder, aud that Young Stain testi-
fed that this confession was made at his
fathers house in Medicld, shortly after his
release from the Maine State Prison, in Feb
ruary. 1881. This was the only evidence
which directly connected Stain with this muir
der. t
And upon this point the respondents say
that before the trial, notwithstanding the eff
forts made both by themselves and their
cou Sc hey were unable to trace said Chas,
+. Stain from the Maine State Prison after
his discharge in 1881, but that since the trial
persons who before the trial were unwilling
to be witnesses, have volunteered informa-
ton, and that Lizzie A. Lamb of Winslow,
before mentioned in this motion, will testify
that Charles +. Stain called at her house in
Winslow in the spring of 1854, { February or
March, and said he. bad just got out of State
Prison and was going to lead a better life !;
that he left saying he was going to Water
vile; that afterwards, in May of the same
year. he again called at her house and said
that he had been and was then at work for
Cyrus Howard of Winslow.
And also that James NJ. Robinson of Wins
low, herelnbefore mentioned in this notion
will testify that he was present at Mrs.
Lambs in the spring of 1881, and heard both
of the conversations above referred to, and
that said Stain told him that since getting out
of prison he was calling himself Frank
White or Frank Williams.
Also that Cyrus Howard, credible citizen
of Winslow, in the county of Kennebec, will
testify that in March, 1881, young man
calling himself Frank Williams, but who. as
Mr.. Howard afterwards learned, had called
himself Frank White and vas in reality C..
+. Stain, hired with him on his farm and
drove his milk cart for a considerable time !;
that he continued to work for him until some
time in the latter part of May of that year,
when he left and went to work for Moses
Getchell of Winslow that while at work for
him he had a team, as he said, to 60 over to
Mr.. Lambs, where he said he had formerly
worked
Also, that Mrs. Cornela Howard, wife of
Cyrus Howard, will testify in substance to
the matters above set FORTH the same as her
husband
Also that John F. Howard of said Wins
low, son of Cyrus Howard, will testify that
in the spring of 1881 his father hired the
young man calling himself Frank Williams,
but who was really c. f, Stain, and who said
that he had formerly worked for Charles II
Lamb of Winslow; that the young man
worked there until the latter part of Mag of
that year; that during the time he had team
as he said, to go TO Lambs and Bailey's; that
when he left he went TO work for Moses
Getcheil, and that afterwards, in June of the
same year, he saw young STAIN drive through
Winslow with two young ladies', and upon
talking with him. Stain said that he had been
at work in cemetery down river siace lesv-
ing Getchelfs.
Also, that one Isaac Rome, of Waterville
will testify that he knew c. F. Stain under
the name of Frank White. while he was
driving Howard's milk cart in the spring OF
1881, and that he remembers when he wa.
at work for Getchcl after leaving Howard
and that-wh at Getchel's he lent him three
dollars; that he took milk of him while he
worked for Howard
Also that l.. c. Carleton, Esq. county at
torney of kennebec county, residing in Win
throp, will testify that before said Charles +
Stain had his story published in the newspa
~ bp ltt. oil Ia hot h.. a mn