Daily Kennebec journal., 1900-12-21

was called Il sure case of undispute'
identification.
! Actually in this ease the prosecution
bolstcrcd up its own case where it wa
weak by the introduction of witnesses
one of whom was IL man named Maddox
| Il have told you nearly the whole o
! the prosecution case, strange rs it ma.
seem. Bat it will not satisfy the peopl.
of Maine. They naturally revolt from tn,
sentence of these men and always will.
| The assumption that the men wer,
guilty compels the swallowing of many
absurdities. Feb. -. 1878, was the birth
| day of George Washington In Medhe!t
| on that day the date was fixed by two
| facts the stealing of Charles Hanant's
| horse and the flood. Evidence that seems
to us positive proves that Stain was ir
Medfield on that day.
Mr.. Drury mentioned seven people who
had testified that Mr.. and Mrs William
Thomas lived in Stains house, Feb. -
1873. I'VE have the testimony of an old
| man in his dotage to the contrary and
the man Hanley, teStilies against the
town records. We have the dates when
Miss Ella Stone and Clara Hamilton lived
in the Stain house to a certainty. They
say so themselves. The records of the
straw factory come in Tor evidence here
and they offer in contradiction the testi-
mony Of an old man in his dotage.
There is most conclusive evidence that
Stain was in his house on the evening be-
fore and the morning after the horse rob
berry. Eight other witnesses besides the
Thomascs' saw and talked with Stain in
Medfeld on the day of the robbery. And
one other. Margaret Steele, saw Stain
either on the day before or after the rob
berry. She wasn't sure which.
Mr.. Drlry stated that on the very eve
ming Of the discovery of the horse rob
berry there was an entertainment in the
room of one OF the girls in the Stain
house and Stain was present. The date
is fixed by the books Of the Putnam Nail
Works. Frederick Hamilton who was
employed at the works, was to visit his
sweetheart at Stains house That day, hut
the rain prevented and he worked as the
books show.
while he was said to be in Maine plan
ming 4 robbery, Stain was attending a
simple little entertainment in Medtield.
I'VE have the testimony of Charles Ha-
HltIt, dS sure dts tIIouSIl lie we're iNlIiS,
that on the day after the horse robbery
he saw David Stain at his home. Mr..
Drury's argument occupied one hour and
he expressed the regret that he had not
more time in which to argue the case.
BertraE l.. Smith, counsel fer the State.
took two hours in giving his argument.
He began:
Il desire to congratulate my younger
brother upon the excellent manner in
which he has conducted this case and the
unanimity of my elder brother who has
made so much out of very little
Il appear to oppose the granting of this
petition because | believe the respondents
are guilty and unworthy of executive
clemency. They have been convicted Of
murder by a jury of their fellows after a
trial that was perfectly fair
Mr.. Smith said that the findings Of the
court were sustained by the full bench.
That in the opinion the court says that ii
was the unanimous opinion that the de-
cision Of the lower court was correct.
The counsel for the State said that he did
not think it necessary for him TO speak
of the theory Of suicide and insisted that
the testimony of his brothers be carefully
considered and compared with that OF the
State.
Mr. Smith dealt with the identification
of Stain and Cromwell to considerable
length, asserting that in several cases the
identification was beyond a doubt. He
spoke of the finding of cracker crumbs
and cigar ashes in the hall above the
bank. the day following the robbery, and
the testimony of the trader who had
sold crackers and cheese to a stranger the
day before. 1t was held that Stain and
Cromwell and Billy Scott had been in the
hall and that they had been seen by seV-
eral persons standing in the doorway OF
the bank the afternoon after the robbery
and were recognized after arrest.
He said that most of the government
witnesses were reliable men and that in
many cases the identification was posi-
tive, especially in the testimony of .those
who saw the men on their flight from
Dexter to Gardiner.
John Harvey was confidant and friend
of Cromwell's and he testified that Crom-
well had told him: Young Stain knows
enough to hang us meaning Stain and
himself That at another time, speaking
OF the Dexter robbery Cromwell said:
stain and ] done that job" Mr. Smith
argued that although Harvey may have
wished to inJure Stain he would not have
hurt Cromwell by any lies, and that II he
was going to concoct any such story he
would have put the words of confession
in the mouth of Stain, as he was said to
dislike him.
Josiah Bean of Boston, said Mr.. Smith,
was an efficient and trustworthy officer
He told Cromwell the story that young
Stain was telling. He also asked him If
he knew where Dexter was. Cromwell
replied that he did not When arrested
Cromwell asked if Harvey would testify
against him. and on being answered in
the a.iirma tive. he said: ITS all up; L
shall spend the rest of my days in prison
and what is life without lberty?' Mr..
Smith argued that it was natural for a
criminal to wish to confess his deeds to
somebody and to whom would Cromwell
more naturally go than to his confeder-
ate, Harvey?
| In reviewing the testimony OF Charles
F. Stain Mr.. Smith said that probably no
witness was ever more severely arraigned
than was he. No one would believe a man
| of his reputation without confederation OF
| the most certain nature and that not
much stress was laid upon the confession
until it was corroborated. That as other