Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1900-12-21

duced 10 prove tnat the tea party o.
Stains house took place, Feb. 22, 1878
One of the girls wrote a letter but |,
had been lost. The wife had an i'm.
preston that it was the 22d
I'm her first deposition Clarisa Ham.
ilton had lost most of her memory Mr.
Drury has great faculty for revivins
memories. He saw this girl and she
suddenly recovered her memory anC
could recollect all the details of the
party but does not recollect the vita
point-the time. | am at a loss to dis
cover the newly discovered evidence
Mr.. Smith said that all moves fol
the release Of the prisoners had always
strengthened the governments case
The records read by Mr.. Benjamin
does not bear out the assertion that
Charles Stain offered the Winthrop
Bank story before the Dexter matter
Nobody offered Mr.. Benjamin any testi.
mony for sale. 1t is possible that
Young Stain did not know about the
Winthrop robbery.
THE prisoners We're convicted by a
jury and fair trial. If ever anyone
had a fair trial, Stain and Cromwell
did. Nothing additional has been Of
fered in this case. The evidence of the
guilt of these men is strengthened If
anything. That which is new is inn
material. There is lawlessness enough
in our land without turning loose these
two. If they ask for mercy they are
not entitled to ii. The people of Maine
do not want them liberated. The
friends and relatives of John Wilson
Barron cry out against il"
Lewis A. Barker of Bangor. the
young attorney for the petitioners.
closed the case His remarks were
strong and brilliant and at the close
he was congratulated by several
well-known attorneys present. for his
conduct of the case. He began:
Let me congratulate Your Excel
lency. the Council and myself that we
are approaching the end of long and
tedious hearing. This is the last
struggle for liberty that will be made
by Stain and Cromwell or those who
believe in their innocence. / regret
that | have not more than one hour to
close the case"
Mr.. Barker said that the State made
great point that the prisoners were
convicted by fair trial. but they were
convicted on one supposition that has
been proved false. The fact is sub
Stimulated by the evidence of five of
the jurymen. They say a man cannot
tell what he is convicted on. don't see
why. My brother speaks of Judge
Walton; l have introduced to you evil
dence that he said that a mistake had
been made.
He spoke of the former hearing.
What was urged by the defence?
Suicide alone. | don't know whether
Mr.. Smith wished to bring me into n
discussion of the theory of suicide but
shall not touch il as it has nothing
to do with the case. We wish to prove
that David stain was in Medfield at
the time of the robbery and that the
men are innocent.
He says the people of Maine de
mand that the prisoners be not re-
lee sed. | have seen no petition from
the people of Maine.
He speaks of Barrons neck as be-
ing cut with a rope. l don't know
where he got his evidence. The ply
stefan testified that there was red
spot on the cashiers neck, probably
caused By the edge of trunk upon
which il rested.
Mr.. Barker spoke of F. W. Bow
man as a perjurer and Harvey a self
confessed drunkard and thief. on
whose word no credence could be
placed. He said these and other wit
nesses for the government were far
from reliable.
He went deeply into the question of
identification and spoke of. how diff
cult it would be for one to identify. 10
years after, man in sleigh. driving
swiftly past. Yet one of the witnesses
tells all about the eyes. the coats and
which sat on the left and which on the
right. He said: II think that witness
is liar" Most of the witnesses saw
three men. Why? Stain and Cromwell
We're not professional burglars. and so
the mythical Billy Scott was intro
duccd. Does anyone tell how the third
man looked? If they remember two OF
them so we'll. why not some idea of
he third? 1t was because he was not
before them at trial: because they had
seen no photograph of him.
In speaking of Cromwell's alleged
confession to Harvey. Mr.. Baker said
Harvey hated Stain and Cromwell
knew it and it was therefore foolish
TO think he would tell such 4 story
about Stain when he himself would
have to suffer with him if found out.
The counsel for the State said thai