The Portland daily press., 1900-09-01
John Harvey's Convic-
ton Of Burgl airy.
Blamed David Stain and Prom
ised Revenge.

Rochester, N. H., August 31.-There is
a possibility that the case Of David L..
Stain, one of the men now serving a life
sentence In the Maine State prison, Tor
the murder of Cashier Barron of the Dex-
ter (Me.) Savings bank, many years ago.,
will be re-onened. Charles S. Barker, a
member of the Rochester city government
and formerly an attorney, who before the
bank robbery was retained by Stain to
defend two men accused of burglary in
Needham, Mass states that he has long
been in the possession OF certain facts
having a bearing on the bank case, which
have never been mad public. Mr.. Bark
er says that ne has had some correspon-
d ence with Crosby & Crosby, lawyers, of
Dexter, Me-, who defended Stain in the
famous trial at that place, and that the
convict's. attorneys will probably now go
before the governor and council at Au-
gusta, with a petition for a pardon for
their client or at least ask for the privi-
lege Of presenting the facts to which, Mr..
Barker says, he is ready to make sworn
affidavit.
MIR. Barker says that he believes that it
is probable Stain would not have been
convicted Of completely in the Barron
tragedy had he been summoned to give
testimony. He considers the fact that he
was not summoned to give evidence, is
not strange, KIN owledge of the nature of
the statements that might have been
made by him being known only to the
two witnesses for the prosecution on
to detective now dead. According to
Mr.. Barker, John T. Harvey and Charles
Stain, the principal witnesses for the
government, were impelled to testify
against their erstwhile confederate in
crime, through motives of their own. The
real motive, In the opinion of the Ro-
chester man, was revenge, and the wit
nesses were aided by knowledge of
Stain proximity to Dexter, Me-, at the
time of the tragedy. Both witnesses
were closely related to David Stain and it
was considered a significant fact that
Stain was convicted on evidence furnished
by his own kith and kin, who, without
some very strong motive to do otherwise,
would naturally be inclined to shield
each other.
While Mr.. Barker was practicing law in
1877 at birmingham, Mass, he was re-
tained by David l.. Stain to defend John
f. Harvey and William Bell, who were
charged with breaking and entering the
Charles River Railroad station at Need
ham. 1t was expected that the men
would have been acquitted, but such
was not the case. Mr.. Barker asserts that
after the defendants had been sentenced
they called him to the prisoners box,
where Harvey, IN the presence of Bell and
his attorney, took an oath to be revenged
on Stain, saying to him, eff ever the op-
portunity comes 1 will salt David l..
Stain for a longer sentence then 1 am
getting today" 1t appears that the men
were convinced that Stain had betrayed
them to a detective named Bean, rela-
tive of Stain. In Mr.. Barker's opinion,
the opportunity for revenge came with
the Barron bank tragedy, when Stain
was in the Vicinity of Dexter, and that
out of this case developed the motive
which Induced Harvey to testify against
his relative. The detective, Josiah
Bean, afterwards told Mr.. Barker of a
motive which induced Charles Stain to
give evidence against his father. Beams
statement was that Charles had eloped
with young woman of good character
and that hs went through mock mar
riage with her which was performed by
David L. Stain, whom the girl believed to
be regularly ordained clergyman. AT
forwards the elderssStain is alleged to have
assaulted the young woman and that as
the outcome bitter enmity arose be-
tween father and son. In his statement,
Mr.. Barker continues: eff Charles Stain
was devoted to this young woman, what
stronger motive could he have had for
his part in the trial of the Stain Crom-
well case? These are facts that 1 have
never before impaired to a living soul,
but that they are absolutely true, SO far
as my actual knowledge of the affair ex-
tends, ana that they can be substantiated
l am positive. Many of them can be
proved by the court records and by SiIas
Fields of Natick, Mass