Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1900-11-08
Mr.. BAKERS OPINION.
Does Not Believe Stain and Cromwell Were
In Medfie! On Day Of the Crime.

! In the great trial and conviction Of Da-
Nid l.. Stain and oliver Cromwell at Ban
gor for the murder Of Cashier Barron oG
the Dexter Savings Bank. Hon. Orville
ID. Baker was senior counsel for the gov
ernment. being in attendance as prose-
| cutting officer in his official capacity AZ
attorney general of the State.
| He has closely watched the various eff
! forts made sint" The conviction Of tie
! men 10 secure new evidence and 4 par
| don for the prisoners and carefully ex-
amined the published evidence which is
to be employed in the latest attempt to
| secure executive clemency for them re-
SardinS which h SAYS.
! This latest attempt to create a news
| paper sensation over the Stain and Crom-
| well case is easily seen on examination
| TO be wholly barren Of any new facts or
evidence.
| 1T is really surprising that any lawyer
should venture any opinion as to the in
nocence Of these convicted men without
| ever having read the sworn testimony in
| the case, and knowing SO little of The real
evidence as to imagine that the state
inents now put forward We're really new
or additional evidence. when in fact
| there is nothing new in them.
The whole matter, new evidence as
well as old tand the new evidence then
taken was incomparahly more important
| than threadbare testimony now resur-
rected), Went before the entire Judiciary
| OF the State OF Maine and was dspas-
sionately considered. and. a most unusual
thing, every member OF the court. eight
in all, signed the opinion. Their names
| a. 81 A.
! ability and the Observation-Disclosures of the
| tribunal. CHIEF Justice Peters and Jus
tees Walton. Danforth, Virgin, Libbey.
Emery. Haskell and Foster.
| "A few sentences from tn. opinion OF
tile court. State Us. Stain. * Maine, ass.
upon this question of alibi should be suf-
! ticient to set at rest forever these per
sistent attempts to create a newspaper
| sensation.
AS regards this testimony, introduced
| by the defense TO show the prisoners in
| AIedtic!d on that day ii need only be said
that, when carefully analy0ed. il is 50
! contradictory in itself and or! the part Of
the government, that it so entirely over
borne by the testimony can faave no NOR
al or legal weigh, in sustaining the mo-
lion for ! new trial.
! l lie testimony IN defense upon TINS
question Of alibi shows atfirnkl lively an
| absence OF the prisoners from Meddeld
upon the day OF the tragedy. The GOV
eminent conclusively establishes their
Iresence in Maine.
There is not a witness WHO swcars
! ;hat Stain or Cromwell was seen upon the
streets OF Medfield on the I'd day of feD-
ruarY 1875. when the excitement was rife
and search was being made tor the dis
I covery Of the stolen horse. fsit che wit
( nesses. among whom was the secretary
ana one Of the directors in Tie Medtield
/ thief detectives association and active i'll
the investigation, testify positively that
Stain was not in the search nor seen BY
them during the day. although Ssain him
self claims ID have taken part: in The
| search and mentions seeing one Of tn"
| witnesses They further testify THAT up
IN inquiry Stain was found to he away
| from home.