Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1900-12-20

M. Bankers opening was a strong
and logical presentation of the case
and the arguments upon which the pc
titioners relied In beginning he said
In presenting this matter now I'm
der consideration. a matter concerning
the liberty of two fellow beings, a mat
ter concerning the guilt or innocence
of two fellow beings convicted by a
jury OF their peers Of the crimes OF
| murder. i feel that perhaps | owe some
apology for my youth. and my mex
.perience in matters of such grave i'm
portance. My practice and my men,
bership in the profession to which l
have the honor to belong are of short
duration. and it may well be that in
presenting this case | shall not present
it in SO logicar or so clear a way as
might be done by one of more expert
ence or better Nersed in the law. / will
only say that my study of this case
has covered TAI period of some years.
and will let my only, apology be the jus
tice Of my cause, and that il is a
sacred duty that devolved upon me.
many years ago.
We appear on the ground Of newly
discovered evidence and will briefly
endeavor TO state our case as clearly
as / am able"
Mr.. Barker then rehearsed the story
of the death OF the Dexter Bank
cashier. Feb. % 1878. and the measures
that We're taken TO find the perpetra-
tors Of the deed. He did not discuss
the question Of suicide, saying that it
had nothing to do with the case as
presented by him.
He then went over period of nearly
10 years, during which no clews or
traces of any murderers were found
and came TO the part played in the
matter by Charles F. Stain. the son Of
David l.. Stain. Briefly the story was
as follows:
In December, 1856. Charles F. Stain
plead guilty to the charge of assault
and battery upon his wife in the town
OF Norridgewock. He was fined $40 and
costs. and ordered to recognize in the
sum Of 800 to keep the peace for
one year. Failing to find q bondsman
he was committed to Jail. Writing to
his father for financial assistance the
latter replied that he would rather
send him rope TO hang himself with.
Some time after Stains committal
TO Norridgewock Jail, John Mitchell
deputy sheriff. made a call. Feb. 8. 1885,.
On J. NJ Benjamin. cashier of the
Winthrop National Bank. and laid be
fore him certain alleged confession Of
Charles Stain, in regard TO the robbery
Of the Winthrop Bank There were
large rewards offered for the apprehen-
sion Of the robbers Of this bank and
the Dexter Bank. Charles said his
father and Cromwell had robbed the
Winthrop Bank. The story was almost
Identical with the Dexter story. From
facts in the possession Of Mr.. Benja-
min and his colleagues. they saw that
the story was false. Questions put to
Charles Stain were ridicuiously
answered. The Winthrop robbers were
afterwards found and $50. 900 recovered.
This revelation Of Stains falsehood
did not influence Sheriff Mitchell or
deter him from pushing the second
story Charles tries to sell his story
to State Detective Ira n. True and
again tries TO dispose Of it in Portland
and still later to Judge Andrews Of
Augusta II was finally sold to Morrill,
Goddard. of the New York World.
Public sentiment was against Stain
and Cromwell and all sorts of stories
Of the Stain gang were circulated.
What was the governments case.
First comes the story OF Charles z.
Stain According to Charles story. /
David L. stain. Oliver Cromwell and
the mythical Billy Scott end Charles
himself made a prospecting tour into
Maine In The summer Of 1877 They