The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1888-04-03
STAIN AND CROMWELL AGAIN.
Their Lawyers File the Motion for a
New Trial,
Stating the Evidence Discovered
sSince the Conviction.
The Arguments to be Made at the
June or July Term.

The Arguments TO be MADE at the
June or July Term.
BANGOR, April 2.-In the Supreme Judi
cial Court today, David l.. Stain and Oliver
Cromwell through their counsel, Lewis A.
Barker, Esq, and P. II. Gillin, Esq, moved
that new trial be granted them on the in
dictment for the murder of ]. Wilson Bar
ron. The new trial is prayed for on the fol-
lowing grounds, which are set forth in the
| motion as follows:
"lst-Th at at thetrial of this case, upon
| the question of whether there had been a
murder or a suicide the government laid
great stress upon the fact that the presence
of the screw driver in the bank vault on the
22d day of February, 1873, had not been sat-
isfactorily accounted for, and that without
| il, it was a physical impossibilty for Mr.
Barron to lock himself into the safe in the
manner in which he was found.
"And the respondents aver that since the
trial, one Millard e. Mudgett of Bangor, In
the county of Penobscot, has, with no other
instrument than a silver ten cent piece, In
the presence OF several gentlemen placed
himself in the position in which Mr.. Barron
is shown to have been found by the evidence
bound and gagged in the same manner, with
his hands handcuffed behind his back and
both doors of the safe locked behind him,
and that he did This in about four minutes
and will so testify. That Mr.. Mudgett will
also testify that the same thing can be done
with pen-knife or any other sharp edged
instrument
"2nd-At the trial of the above entitled
cause, one Charles r. Stain was very mate
rial witaess for the government, and among
other things testified that he lived during the
entire year of 1877 and until January, 1878,
at his fathers in Medfeld, Massachusetts,,
and heard these respondents, together with
one Billy Scott plan the robbery of the
Dexter Savings Bank, during the commits
sion of which j. Wilson Barron is alleged to
have been murdered"
The respondents aver that they intro
duced witnesses whose testimony showed
that Charles f. Stain was not in Medfield
from December, 1876 to December. 1877, and
that the only trace of his whereabouts which
could be found by diligent search was the
record of his commitment to Augusta jail in
February 1877, and his detention until
April Is. 1877, and this record was intro
duced at tie trial.
The respondents further allege that per-
sons who would have been important wit
nesses at the trial and whose evidence was
then unknown, have since voluntarily made
known facts of great Importance to which
they will testify.
"The respondents aver that one Warren
Davis, of West Gardiner, in the county of
Kennebec, a credible person, will testify
that Charles f. Stain came to his farm in
West Gardiner and hired with him some
time in December, 1876 or January, 1877, and
that he remained there and worked for him
about two months when he left and went
away.
"And the respondents aver that one Orrin
Towle, of West Gardiner, will testify that he
knew said Charles +; Stain; that ne remein.
bers when he worked for Warren Davis, that
he knows when said Stain left Davis en-
ploy. because at that time he, the said Stain:
stole robe from him, the said Davis, and
that he followed him to MT; Vernon, In SAID
county, where he had said Stain arrested,
tried and committed to Jail, as was shown
by the record introduced at the trial"
1t is further avowed that Mrs. Lizzie A.
Lamb, of Winslow, will testify that Stain
worked for her husband from April 16, 1877,
until sometime in August following. Mrs:
Lamb will also produce the account book OF
her husband kept with Charles +. Stain
from April 16, 1877, to July 21st of the same
year, and also the account pook OF Cnaries
Mr.. Lamb; this account book being in Stains
own handwriting and having been left in his
room by him when he left in August. 1877.
Mrs. Lamb will also testify that said Stain
January, 1878, and said that he had recently
paid visit to Massachusetts,, and that after
leaving there In August he had visited In
Mt. Vernon and Bangor and had worked
while in the shoe shops in Auburn, Me. NJ
Davis, of Litchfeld, in the county of Kenne-
bee, will testify that on the Sth day Of An-
gust, 1877, he, in company with Charles =.
Stain. drove off bridge in the highway In
West Gardiner with team, and that on the
with the town of West Gardiner. said Stain
receiving one hundred dollars and said Davis
fifty dollars for alleged injuries"
james NJ Robinson, Of M MWinslow; Reed Reed
Gardiner, and Joseph Ellis, of Randolph,
will give testimony as to Stains presence In
Maine in 1877. corroboratiye of the fore
going.
3rd-In regard to the testimony of G. F.
Stain, at Bangor, that he. thegrespondents,
and Billy Scott stopped at the Farmers Ho-
tel, in Augusta, in July, 1877, while on trip
to examine the condition OF affairs at Dexter
and the testimony of Francis M. Bowman
that he kept the hotel at that time, the re-
Geo. III. Robinson of NorridgeworK, who,
with his clerk Geo. w. Taylor of Hall0well,
and A. II. Foster of New Vineyard, a guest
in the house, will testify that Bowman was
not there and had nothing to do with the
house at the time he testified he was its pro-
prietor.
"4th. The said Charles +. Stain testified
that he, together with these respondents and
one Billy Scott came from Massachusetts
to Maine, in the middle or lastof November,
A. D., 1877, for the purpose of again examin-
ine,the Dexter Bank; that they came with
team from Medfeld, over the steamer Star
of the East, landing in Gardiner, and driy-
ing from there to Dexter. In this connec-
tion he also. testified that the horse with
which they came in July was mare called
"Flora," and that the horse they came with
in November was <called star, ana tnat
both said horses belonged to ME- Wheeler
and of whom he hired Nthem, and that Mr..
Wheeler was dead Y
"And the respondents aver that L.. W.
Wheeler of Saxonville, In the STATE OF Mas.
sachusetts, will testify that he is che son OF
the man who kept the livery stable in Med
field, and who is referred to in the above
testimony of Dodge and Staini that ne was
employed about the stable at that times tnat
he and his brother settled up his fathers
that he has his fathers books In his possess
sion and that his father did not own any
mare Flora" or horse STAR" during the
year of 1877. He will give the name and de-
scription of each and every horse owned by
his father and kept in that stable that year.
Further, he will state that no team was let
to either of the Stains as alleged by the gov
ernment and testified to by G. +. Stain"
A. III. Wheeler, another son of the Wheeler
above referred to, Herbert White of Med
field, Wheeler's nephew, and Warren Ii.
Adams, hostler, will testify that no such
horses were owned by Wheeler.
ss5th.-At the trial the government at
tempted to show that one of the purposes of
these preliminary trips was to take the inn
pressions of the locks on the Dexter Savings
Rank doors, that they did take such impress
sion. and that after returning 70 Massachu-
setts they had keys made from these impress
sions to tit the locks, and that in February,
1878. they gained access to the Dank by
means of these false keys"
ssTbe respondents say that one Pnllip A.
Felter. of No. 204 w. Houston street, New
york. an inventor of locks and the manufac-
turer of this particular lock, will testify that
no impression can possibly be taken In any
wax or other substance from which key can
be made that will unlock this door.
"Also that M. j. Lynch, OF Bangor, In tne
| county of Penobscot, practical locksmitn,
| will testify that he is familiar with tbs style
| of lock and that in order to make key tnat
1 H. H.. m II in