The Portland daily press., 1889-07-26
THE STAIN-CRoMWELL CASE.
The Famous Case Taken Before the
Law Court for Argument.
Newly Discovered Evidence to be
Reviewed by the Defence.
Other Gases Disposed Of by the Court
sppts' Yesterday.

When the Stain Cromwell case was pre-
| sented to the Law Court last summer it was
| contended on the part of the government
that capital punishment having been abol-
| ished this case was not properly before the
Law Court under the statute, but should be
heard before aud decided by the Judge who
tried the case. The case, however, was
heard by the six members of the court then
sitting, reserying the point. Subsequently
the court decided that the Law Court had no
jurisdiction. The chief justice denied the
motions for new trial in February last
But previous TO this decision Mr.. Barker of
counsel for Stain and Cromwell, and mem
Der of the last House of Representatives,
procured the passage by the legislature of an
act authorizing an appeal in cases that were
formerly capital, un or section 81 Of chapter
1874 Of the Revised Statutes which provides
that If a motion for new trial in capital
case is denied by the justice before whom
the same is heard, the respondent may, APP
| peal from said decision to the next law term
for such districts and the concurrence of but
three justices shall be necessary to grant
| such notion.
| After the denial of the motion by the chief
| Justice in February an appeal was taken and
the case came on yesterday for argument.
Mr.. Barker and Mr.. Gillen appear for the
respondents, and Attorney General C. E
Littlefeld viii pre- sent the governments side.
The counsel for the defence yesterday pre-
sented no new argument or new point, moth
ing that was not deliberately argued at the
last session. No new evidence has been
taken since the last hearing.
Mr.. Gilien opened the case for the defense.
He claimed that. the story of Charles f.
Stair constitutes the whole fabric aud struc-
lure of the governments case, and instead of
| being as the government claims only the KEY
1 which unlocks the storeh0use of evidenc 4, it
Is the river to which every grain and scintl-
| la OF evidence is tributary. Ii Is tn. struc-
ture and framework of the case upon which
the government built Mr.. Gilen then went
on TO show, as he claimed, ths Inconsistent
| cies, the manifest misstatement and admitted
inaccuracies in the story Of Charles Stain.
and claimed that with the demolition of his
testimony the governments case had moth
ing to rest upon. He commented at some
i length on the different stories of Charles
stain and said they were changed at differ
emit times to fit new facts
A Mr.. Barker followed Mr. Gillen for the
defendants In support of the motion for
new trial and had not closed when court ad
joufned.
He said he did not ask the curt to acquit
these men but simply to permit them to
again appear before jury and with the adj
ditional .evidenc. they nav have to See If
they cannot obtain u verdict of acquittal
lie said CHARLES F. Stain Is a theoriz.r,
dreamer, a seeker after notoriety, a dime
novel worshipper aud. it was his love Of
notoriety that led him to concoct this story
of the confession of his father. Young
Stain made similar confession and con-
nected the same parties with the robbery of
the Winthrop bank which for some reason
or other didn't pan cut or amount to any
thing. Then he starts this story of the Dex-
| ter bank and instead of being put Into the
hands Of a regular officer it Is worked up by
a New YORK newspaper for the purpose Of
told by young Stain at the Dexter examin-
| alton lacked some of the essential features of
the government case, but they were after
wards added by him to lit other facts SUISSE
| quently discovered.
| Mr.. Barker said that in the history of
| criminal trials in this State no such effort
| WAS ever made by the government to procure
cqnyictionl as there was to procure the cons
legailor detective Skill was ever employed
and no such expense was ever incurred In
any one trial as the government went to In
procuring this verdict of guilty.
MI. Barker took up the question Of the al
Legged murder. He claimed the governments
testimony was utterly inadequate to estab-
Iish the fact that murder was committed.
\ Heth0ught the evidence rather showed that
Barron, in attempting to make IT appear that
\ be had been bound, gagged and robbed, took
q dose OF morphine or other narcotic 50 that
he might be found unconscious, aud in the
excitement either took too much, or enough
so that with the vitiated atmosphere of the
vault, it overcame him and what was planned
to be only robbery turned ont to be an. ac-
cidental poisoning. P-se
Mr.. Barker went over the different points
wherein he claims that Charles f. Stains
story as related at the trial is utterly I'M
| worthy of belief, and that If that is out of
the case the court must necessarily grant the
| motion for new trial.
! Mr.. Barker win continue his argument in
the morning going over the newly discovered
| evidence and its bearing upon the original
evidence after which the attorney general
| will make the argument in behalf of the
| State. -.se s,g -
The other cases besides the Stain rom-
well case disposed of yesterday were two
Oxford county cases. 49,.
Staples q Irish vs. Otis Falls Pulp Co ar
gued orally. j. P. Swasey for plaintiff
Putnam q Bisbee for defendant.
Warren d Benson VS.. Cushman; argued
orally. j. p. Swasey for plaintiff. J. S.
ieWrlght for defendant.