Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1890-03-13

made tuo former excufsions Of explor
ton into Maine. and into Dexser-once
the summer and once in the fall before Ii
0asedy-and bad been transported aero
the country from this point to Corinr
and Madison, there can Be no shadow
doubt, - the evidence from numeros
Witnesses upon that point, detailing fac
and circumstances, 10 both convincing an
conclusive. Upon THE question the test
mouy Of Charles r. Stain 10 incontroveft
bly, corrobofased. While his testimony
attacked upon minor matters Of desaili
and 70 some extent in relation to date
given BY him, IL 10 nevertheless supporse
and forfeited BY m array Of facts and Gil
cumstances too strong to be overcome
, The essential question vas not over date
but over events. Il vas not % much vha
month those trips we're made, - vhethe
or not they we're made. and whether thee
respondents we're in Dexter and were car
RED across the country to other points o.
two occasions prior to this tragedy. Thi
vas strong point in behalf Of the gov
eminent. II vas 90 conclusively proved
independently Of the testimony Of younl
Stain, that it, effects vas materially felt b,
the defence which asserted ~ boldly tha
the prisoners we're never in Dexter in thei
lives - that they had no connection viii
the death Of Barron.
But the most important evidence, per
haps, in the case 10 that which vas o6erel
to prove that the prisonefs were seen IL
Dexter during the day Of Barrons death
Upon this, - we'll - in explanation and
corroboration Of the other evidence, de.
pended the great power Of the govern,
ments case. The important and convinc.
ing facts which overthrow all defense, in
connection with the fact that these re.
sp0ndents had made other and previous
visits into Maine. and which went to prove
the guilt Of these two men, were, that
witness after witness Of intelligence and
fespectability saw and identified them
under great variety Of circumstances
sometimes singly, sometimes together; and
picked them out ~ being two Of the men.
and strangers. whom they saw In the town
Of Dexter on that fatal day. This evidence
| in relation to identification 10 both direct
aud circumstantial. 1t comes from large
number of Witnesses. Some saw them
while going to Dexter, others saw them in
I Dexter, and others identify them in their
flight on the evening OF the day of the
tragedy. anu still oihers in the early morn.
ing and in the forenoon Of the next day.
still in their flight from town. Some Wit.
nesses positively identify these men, while
others do this indirectly, and corroborate
numerous Witnesses by the description Of
their manner and bearing, by the color of
their dress and the appearance Of the horse
driven by them. ALI the Witnesses give
reasons for their remembering as they do,
and state circumstances. The proof OF
identity 10 not col fined to the single fact
Of the recognition Of the faces Of the pris
onefs. There are many circumstances and
condolences combining with that, which
have great weight on the question of iden
tificAtiOn, and which are detailed in con-
nection with the general statement Of the
witnesses. 1t may seem strange at first
thought that the witnesses are enabled to
remember and identify these men after so
long q time. Under ordinary circumstances
this would be true. But it must be borne
in mind that in consequence Of the sudden
and dreadful shock produced by the death
of Barron, every person in the community
Immediately sought to reproduce in his
own mind the presence and appearance of
any strangers seen on that eventful day,
and the impressions then received by those
who saw strange persons in town and in
that vicinity have been wildly retained in
their minds ever since. The startling
event, shrouded in mystery during all these
years, has served to stamp indelibly upon
their minds and memories the impressions
received At the time; and their testimony
is but the reproduction of what they saw
and noted. and even discussed, when every
circumstance was fresh 10 their recollec-
tion-when every incident was carefully
treasured up in the .torshovsv " Their
memories. II was an old piot1rs brought
out into clear light after having been laid
away for years. The presence of strangers
in q village Of the size Of Dexter, and in
sparsely settled towns, 10 much more rapid
ly noticed than in cities or larger places.
1t 10 significant fact that the indentifica-
ton of these men 10 not dependent upon
the testimony Of one witness, but upon
many and different Witnesses, who differ
among Themselves only in slight and not
in essential respects. II 10 not whether
one witness may be mistaken, nor several,
but whether twenty or more witnesses,
testifying independently of each other,
who saw the prisoners at different places,
at different hours, and whose testimony
10 fully supported and fortified by other
facts and circumstances, can be mistaken.
Nor 10 it whether they may be mistaken as
to one man, but As to two men seen under
the same circumstances. They would be
much more likely to be mistaken a. to one
man than they would as to two men, with
the very marked characteristics pertaining
to these two men. They differ in height,
in dress, in the manner of their bearing,
one being short, stout and erect, the other
one taller and STOPPING or round shouI-
dered. 1t wonld be remarkable, to say the
least, il the persons are not the strangers
who were seen and identified by 90 many
different Witnesses, and il 90 many differ
ent witnesses have been mistaken about
their identity when the facts and circum-
stances corrOborating them are 90 varied
and numerous. The witnesses appear to
be people Of business standing and respect
ability. But the defense is, that this 10 all
q mistake and error on their part, that they
have mistaken the prisoners for some other
persons. No one, however, with such
body of evidence, can say that there were
not two or three persons, strangers to all
in the town of Dexter on the day of the
murder. One class of witnesses identify
David L. Stain ~ one of those strangers,-
another class identify Oliver Cromwell a.
another Of those strangers, aod still ano,n-
er and the more numerous class iden-
tify both Stain and Cromwell as t~o Of
the strangers. If there is any force iu hu
man testimony it must be admitted thar
two Of those strangers, whoever they were, &,
happened to look not only like one man
but they happened to look like two differ
ent men. II it be true that two casual
strangers who happened to be in Dexter
on that particular day, bore this strik-
ing and remarkable resemblance, one
to Stain and the other to Cromwell. and il
was = case Of mistaken identity, would not
long before this time at least one Of the
originals have been found? Would not al
least one of the men, or both, who bore
this curious and remarkable resemblance,
90 ~ to deceive everybody Who saw him,
have been discoveredf 1t 10 reasonable to
believe that the energy and exhaustless
fertility and thoroughness of research,
which has characterized this defense would
have been directed towards this vital
branch Of it, il there had been possibility
| Of success. The defense has had the free
use OF the County treasury for the pay
ment Of every witness called at the trial
and since the trial, the expenses Of COM
missioners, Of printing, and miscellaneous
bills up to the time the case was laid be-
fore this court. But no Witnesses have ever
appeared to account for these strangers
except those introduced BY the govern