Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1888-04-03
KICKING.
Stain and Cromwell Move for a
New Trial.
A Y0luminOuS Document Pre-
pared by Lawyers Bar
ker and Gillin,
Presenting Lately Discovered Evidence
that Strengthens the AIibis and Dis
credits Young Stain.
A Very Eventful Year in the Life OF the
Most Precocious Youth in Maine


the counsel for Stain and Cromwell filed the
following motion for new trial
STATE OF MAINE.
| PESoBsCoT, SIS. Supreme Judicial Court, Feb
! ruary Term, A. ID. 1888.
| State of Maine VS.. David l.. Stain and Oil
yer Cromwell, otherwise called Oliver Crom-
well Smith.
| Indictment for the murder of J. Wilson
! Barron, at Dexter, in the county of Penobscot,
on the 22nd day of February A. ID. 1878.
And now, on this second day of April A. ID.
| 1883, being the day of said February term,
after a verdict against said respondents of
guilty of murder IN the second degree, and
before judgment, the said David l.. Stain and
Oliver Cromwell, otherwise called Oliver
| Cromwell Smith, come and move this Honor
able Court that a new trial may be granted
them in the above entitled cause in which
they are respondents, as aforesaid for the
| following reasons, TO wit:
lst. That at the trial of this case, upon the
| question of whether there. had been murder
| or suicide, the government laid great stress
upon the fact that the presence of the screw
driver in the bank vault on the 22nd day of
February, 1873, had not been satisfactorily
accounted for, and that without it. it was
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 Mllard L. Mudgett, of Bangor in
the county of Penobscot, has, with no other
instrument than a silver ten cent piece, i'll the
presence of several gentlemen, placed HIM
self in the position in which Mr. Barton is
shown to have been found by the evidence,
bound and gagged in the same manner, with
| his hands handcufed behind his back and
both doors of the safe locked behind him, and
that he did this in about four minutes and will
50 testify. That Mr. Mujgett will also testify
that the same thing can be done with pen
knife or any other sharp edged instrument.
Pad. At the trial of the above entitled
cause, one Charles +. Stain was very mate
rial witness 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 Medfcld, Massachusetts,
aud heard these respondents, together with
one Billy Scott plan the robbery of the
! Dexter Savings Bank, during tie commission
/ Of which J. Wilson Barron is alleged to have
! been murdered.
! Aud the said respondents say. that anticipat
! ing such statements from testimony already
given by saic Charles +. Stain AT the hearing
before the Municipal Court i'll Dexter, when
the respondents were bound over, they used
all the means at their command to procure
witnesses to contradict said statements, and
did at the trial introduce witnesses to
show that said Charles +. Stain was not
in Medheld from December, 1876, to De-
cember, 1877; that the counsel for the respon-
7 dents made three tripsto Massachusetts, par
/ iicularly to Medheld and vicinity, before the
trial. in search OF evidence. That witnesses
were introduced by SAID respondents 10 show
1 said Charles +. Stains absence from Medheld
during that year, but that the only trace of
his whereabouts which could be found by
dilgeut search was the record of his commit
mcnt to Augusta jail in February, 1871, and
his detention Til April 18th, 1871, and his re-
cord was introduced at the trial.
I And the respondents further aliege that per-
sons no would have been important witnesses
at the trial. but whose evidence, well as the
persons themselves, were unknown to either
the respondents or their COUNSEL and NJ no, on
4 account ot the great new spaper notoriety OF
this case. not desiring to be known adver-
used in connection with it, kept back their
know ledge have. since the trial and convic
ton of these respondents, come forward vol
uutarly and made known to respondents,
through their counsel, facts of great impor-
tauce, which before conviction they had
avoided making known to any one for the
reasons above mentioned.
And the respondents aver that from evil
dence, all of which has been newly discov-
cred since the trial and verdict in this case,
they are now able to trace said tharles +.
STAIN through said year of 1877 ard TO prove
coqclusively that he was in Maine and not in
Massachusetts,, as he testified, aur for this
purpose they are prepared to offer the follow
ing evidence:
The respondents aver that one Warren
Davis, of West Gardiner. i'll the county of
kennebec. a credible person, will te stlfy that
Charles + 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 hen he left and went away
And the respondents aver that one Orrin
/ Towle, of West Gardiner aforesaid, credi-
Bile person, who lives next neighbor to War
rem Davis, above named, will testify that he
knew said Charles f. Stain that he remem-
bcrs when he worked for Warren Davis; that
/ he knows when said Stain left Davis employ
because at that time he, the said Stain, stole
Il robe from him. the said Davis, ami 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
( And the respondents further say that said
Charles F. Stain, according to the record.
was discharged from said jail in Augusta,
April 18th. 1917, and that Lizzie A. Lamb, of
Winslow. in the county of kennebec, will
testify that she is the widow of Charles II.
Lamb. late of said Winsiow. and that on the
18th day of April, 1877, she was living on the
farm now occupied by her in Winslow with
her husbands that Oh the 18th day of April
afore said the said Charles F. Stain appeared
at their home and hired to do farm work with
her husband. W remained there at
work until some time in August of that year
and during that time was never away from
the house over night. That while there said
Stain stated that he came there directly after
being discharged from Augusta Jail. Mrs.
Lamb will also produce the account book of
her husband kept with Charles F Stain from
April 10th. ls71. to July 2lst of the same
year, and also the account book of Charles
f. Stain kept by himself while at work for
Mr. Lamb; this account book beiug in Stain 5
own handwriting aud having been left in his
room by him when he left in August, Isl {.
Mrs Lamb will also testify that said Stain
was again at her house on the lst day of jan
uar., 1878, and said that he hal recently paid
a visit 10 Massachusetts, and that after leay-
iuy there IN August he had visited in Mt
! Vernon and Bangor and had worked while
in the shoe shops in Auburn, Maine.
And the respondents further say that one
James NJ Robinson of Winslow. aforesaid, d
credible person. will testify that he was at work
l. for Charles II Lamb of Winslow, on the 18th
: day of April, A. ID. 1877, and remembers ,ha
Charles f. Stain came to Lambs aud hired ou
TO do farm work tha, he continued to worl
there with said Stain until some time iI Angus
of that year, sleeping with him every night
that said Stain was never absent from the house
' over night during that time; that said Staii
: stated that he came there directly from Angus
! ia jail Mr.. Robinson will also identify Lamb