The Portland daily press., 1900-12-21
Decision hinges Wholly
On Alibi.
Question OF Barr0n's Suicide
Not Involved.

Augusta, December 20.-The hearing
on the petition for pardon In the case
OF David l.. Stain and Oliver Cromwell,
now serving life sentences at Thomasto
for the murder of Cashier Barron OF the
Dexter, (Me Savings bank, In 1873,
which occupied all Of yesterday, was re-
sumsd this forenoon. The taking OF
testimony was completed last night, at
an evening session, and today thsre re-
manned only the arguments OF counsel
and the consideration OF the case by the
executive board.
william II. Drury OF Boston, who Ii
associated with Lewis A. Barker OF Ban
gor, counsel for the petitioners. began
bis closing argument at 8. 40 O'Clock. he
said, In part:
| ut is my honest belief that the cas-
OF the petitioners Is even stronger for
us than was our old case. Tbe coDfes-
sion OF Charles +. Stain, duplicating his
father and Cromwell, was thought at the
time to be extraordinary, and had 1t been
looked at in the light Of common sense 1t
ought TO have been seen that 10 was an
untruth, the same as mis- story OF the Win
throp bank robbery which the directors
found had been done by three notorious
professional burglars, without doubt.
There is not the least doubt, as the afli
davits have proven, that stain was IN
Medfield the night before Hammant's
horse was stolen, which was the same
date as the Barron tragedy. These wit
uesses knew Stain we'll and had known
him for years. Ii Stain was In Medtleld
at that time ne surely could not have
been in Dexter, more than 200 miles away.
On the very evening OF the horse steal.
ing a party was neld at which Stain was
present, sang and told the fortunes OF
feveral. OF this there can be no ques-
tlon.''
At $50, Bertram l.. Smith county at.
torney for Penobscot, who appeared In
behalf of the state, began. He said, in
part:
"These men have been declared guilty
after an impartial trial by jury of
their peers The verdict was sustained
after long hearing at which the defen-
dsnts had every opportunity 20 prove
their Innocence. The findings OF the court
were unanimously sustained by the full
henoh of the Supreme court OF the state
and few years ago the governo and
council heard the petition for their
pardon, they ooncurrlng with the findings
OF the jury. The theory that Cashier
Barron committed suicide Is absurd.
After q careful examination by the direo.
tors OF the bank of the accounts OF the
cashier, 1t was found that there was no
defalcation and that robbery had been
committed. On the very day OF the rob-
berry three strangers were seen in Dexter
and reoognizsd by several persc ms. JUS
tice should be done the wife and family
of Barron and the suicide theory should
be eliminated. The testimony showed
beyond doubt that Stain and Crom-
well were in Maine at the time of the
bank robbery. Stable-keeper Maddox
of Dexter, Landlord Bowman OF the
Farmers hotel. Augusta, and several
others, testified that they saw these men
and that their actions were SO peculiar
that they will remember the circum-
1 stances forever"
| "William H. Thomas testifec," con-
]
| he saw coupons in the possession OF
Stain, which testimony has been cor
roborated and Stain had just returned
from Maine. AS regards the b. q. San
born receipt which was given for a team
| from Boston to Gardiner on steamer Star
OF the Ea st, 1t was argued at the trial
that the receipt was forged by stain. 1t
| was not vital part of the case. Charles
| f. Stain, in his confession, never men.
toned ths Sanborn receipt. There ia
some reason which caused Charles f..
Stain TO retraot his statement that he
lied when he confessed that his father
and Cromwell were guilty. Eliminate
Charles stain. He gave the government
such testimony that the men could have
been convicted without him. At the
time the Hammant horse was stolen the
had a bad reputation. No move has
been made by the defense, but has made
the government case stronger. When
the counsel for the petitioners attempted
to prove an alibi. 1t was proven beyond
a reasonable doubt that Stain was not
at Medtleld, but In Maine at the time
Of the murder"
At 10 05 O'Clock Lewis A. Barker, one
OF the counsel for the petitioners, began
the closing argument. He said, in part:
AT the former hearing before the gov
ernor and council the aase was fought
alone on the theory that Cashier Barron
committed suicide. We do not try &c
prove that Barron was suicide, but &C
prove that the men were not at Dexter
1 at the time, and to nrove that the b. @.
Sanborn receipt was not forged by Stain.
THESE peonle who identified Stain and
Cromwell, as the men they raw 10 years
afterwards. had every opportunity to re-
new their memory. The men vera hand