The Portland daily press., 1889-07-27
SECOND DAY BEFORE THE LAW COURT.
Tho Stain Cromwell Case Con-
tinued Yesterday.
Mr.. Barker Finishes His Argument
forthe Defence.
Attorney General Littlefield Presents
the Case for the State.

The court came in at 9 O'Clock in the morn
In, ord Mr. Rarker continued his argument
Cor tho ,Iefense He took up seriatim the
discrepancies in the confessions OF Charles
stain. He claimed that this confession
should be received with great caution, be-
cause all through the case it appears that he
has great deal of enmity toward his father
and to use his own words ''he will down
him." This confession of Charles Stain
was made from motives of revenge, notorie-
ty and to reap the money reward of $1,000
offered by the bank and $1,000 offered by
Mrs. Barron. Between his story rs told at
Dexter and his story at Bangor he inserts
into it the fact that they got $500 bond
FROM the bank drawer, because he learned
after his story at Dexter that there was
bond in the bank at the time which was
never found.
Mr.. Barker then took up the testimony of
the persons who claim to identify Stain and
Cromwell as being in Dexter ON the dayaof
the tragedy, and those witnesses who iden-
tify them on the previous trip into Maine.
No one testified to seeing Stain in the ia
nous November trip. Mrs Miller identi
fed Stain and Cromwell as having been At
heI house, but afterwards it appears that
lady who work ed for Mrs. Miller at the time,
on visiting the jail and having Stain and
Cromwell pointed out to her at once ex-
claimed "Why. those are not the men who
were at Mrs. Millers." The government
witnesses differ widely as TO the style of
thac IN
witness said they were about the same
height, while Cromwell is six feet tall and
broad shouldered and Stain is about FIVE
feet six or seven and rather slight. Stain
was identified by the government witnesses
with six kinds of beard and nustache on the
same day and Cromwell with five different
ways of wearing the beard. All the wit
nesses identified Stain as wearing brown
coat, yet Stain testified that he wore light
overcoat and the brown overcoat was not in
his possession after 1876 when it was stolen
by Charles Stain.
Mr.. Barker then took up the newly dis
covered evidence bearing upon the alibi of
Stain, claiming that he was in Medfeld ON
the 22d day Of February. 1875
No less than seven witnesses, respectable
citizens Of Medfeld, positively testify that
Stain was in that town on the day when the
Hamant horse was stolen, and it is indispu-
tably shown that the horse was stolen Feb
ruary %. 1875
Mr.. Barker neat went over the evidence at
length by which Stain was identified as be-
| ing In Dexter at the time of Barron's death,
claiming that 1t Is entirely insufficient to
| prove Stains presence there at that time.
In closing Mr.. Barker asked the court to
| carefully note the bearing of the testimony
| and do simple justice to these unfortunate
men. !" He said that there are 63 new wit
nesses. who have never appeared before a
jury, and that fact alone ought to give them
a new trial.
Attorney General LittleGeld began his ar
.gument shortly before 1l.30 O'Clock. He
spoke of the amplitude with which this case
and trial have been placed before the public
In the newspapers. lie said it had been Inn
piled that the public mind is not satisfied of
the guilt of Stain aud Cromwell, but that
should not influence the court They
should 60 strictly by the record and the evil
dence, and not be influenced by public
opinion.
Mr. Littlefeld said the act of 1889 was put
through the legislature expressly for the pur-
poses of this case. He called attention to
the expenses Of. printing large volumes of
evidence, and said the way in which the case
precedent which would give trouble In frl-
ture. He spoke OF the assertions of counsel
which were not a part of the record, and in
sisted that nothing outside of the printed
evidence should have any weight with the
court. He went over the statements of the
| opposing counsel, and called attention to
what he said were inaccuracies. His argu-
h ment then paid attention in detail to the
Y points Of the evidence brought out in the
| trial. He replied forciby to the statements
aud deductions of Mr.. Barker. g., -. a,fl a'-
z With relation to the attempt of the legisia-
ture to Introduce the proposition in sec. q of
/ chap. 134, laws Of 1889, that the Law Court
can be controlled IN its action by a minority
that the concurrence of but three shall be
necessary to grant this motion. Ii might as
well provide that the concurrence of but one
would be necessary to the granting of the
the legislature to provide that the Supreme
Judicial Court, created by the constitution,
shall act in any specific instance by any
minority OF its m0mbers, Is a proposition
which seems too obvious for argument. The
Law Court acts always as a court and not by
its individual members. itwould be equally
as competent for the legislature to provide
that minority could cOnclusively determine
against the opinion of the majority questions
Of law, and this would practically abolish
the court itself, by depriying the majority of
its inherent Duwer. To hold that minority
Of this court against the decision and will of
the majority, can Issue any order or decree,
ormake any binding discrimination for the
cpurt, seems plain and palpableI contradic-
ti0n of terms. Ff4a
In regard to the confessions, Mr.. Little
field said Charles +. Stain states that in
March, 1881, he was at his fathers home in
Med6eld, and that one night his father told
him that he and Cromwell went to Dexter,
had keys to the doors, that they saw man
go into the bank and come cut, and they
supposed there was nobody there; and hav-
Ing gone inst lie the savings bank they unex-
struck him. Cromwell jumped on him, and
clicked him so that he could not halloo, put
q gag into his mouth and put him into the
vault. They heard some noise and then left.
They got what there was. Got bond and
took some money! $500 bond. There is no
EVIDENCE in the case that at the time young
Stain first related this confession, and stated
the fact Of the bond having been stolen that
ne mad ever learned in any way, except by
bond was missing from the bank after the
I'd OF February, or that any ont had repre-
scented 1t to have been stolen. That there
was $500 bond there Oh the 22d or 2lst Of
February, and thatit is now missing is indis-
putable., That young Stain, however. in
vented this confession, and hit upon the pre-
else amount of this bond as having been
stolen as an Incidental pant of the confess
sion Is Uncomfortable. His father told him
that Scott was watching. That SEINE one
10 Is qullt CtTLdlH.
In November, 1882, Cromwell was engaged
IN doing some work for the witness, Harvey.
Cromwell again discussing Stain who was
then in jail. whom he thought was plotting
10 have revenge upon him, said if his son |
came down and got with the old man she |
will probably down me-" Then he spoke |
about the old man, as he called Stain, telling |
his son that he would send him rope to
hang him with when his son sent to him for |
$50. Cromwell then stated THAT he offered to
advance the money or send the whole. Har
vey asked him what was your idea of send |
Ing It; you know you never liked Charlie" |
And he(Cr0mwelDsays mo, but don't want |
him down there. He knows enough to hang |
us. What does he know" lsays Harvey |
and he CROMWELL says, why, he knows |
about the Dexter affair."" And Harvey hay |
ing never heard of the Dexter affair asked |
Cromwell about it, and Cromwell explained |
that It was "the cashier OF the savings Dank, |
one Barron, was knocked down. handcuffed, |
gagged. and locked up in the vault and |
died; And Harvey says "well, what did |
you Aaye 70 do with it." and he tCromwelD |
says, Stain and did the Job" and admits |
that Charlie knew all about it.
Cromwell makes practically the same adj |
mission to the witness Bean. Bean testjfies /
OF the conversation with Cromwell, in MAY.