The Portland daily press., 1901-01-01
Vote Recommendation by Council
Was Unanimous.
The News Conveyed to the Two Prisoners
at ThOmast0n.

and Cromwell were arrested, tried and
convicted. The case on account OF its
unique features at tracted attention
throughout the country. The trial lasted
several DAYS ana the jury was out ~
hours. The case was carried to the law
court on exceptions and motion for a
new trial made, which was denied. The
men were sentenced In 1890 by the then
Chief Justice Peters to the state prison at
Thomaston for life. Lewis A. Barker,
counsel for the prisoners. took the Gauss
of these men as q heritage as his father
defended Stain at the trial. Associated
with Mr.. Barker was William II. Drury.
Boston lawyer. The counsel for the ps-
titioners proved by affidavits that stain
and Cromwell were at Medfleld, Mass,
two hundred miles away at the time OF
the traQedy, thereby proving an alibi.
Governor Powers said tonight;
81 have carefully read the evidence In
the Stain and Cromwell case and the
opinions OF the court. In fact l was some-
what familiar with it during the time of
the trial. MY acquaintance In Dexter was
sueh that neceasacIiy knew Mr. Barron
and others who had to do with 1t from
that town.
II never felt fully eatisfisd with the
identifioations of the witnesses after so
many years or with the unnatural testi-
mon OF Charles Stain, which he now ad-
mits to be false. The Sanborn receipt il
forgery and In the handwriting OF stain
seomed to corroborate Charles on a ma
terlal point and TO show that Stain and
Cromwell were in the state. This receipt
is admitted now to have been genuine
and not forgery By Stain; one or more
OF the jurymen swear that without 1t
there never would have been conviction.
Besides, these men do not belong TO that
class that generally rob banks. 1t Is In
evidence that Stain was a oobbler and
that was his common vocation most of
the tims. do not recall what Cromwell
did for living.
1.-THE council have unanimously voted
In favor of pardon, and Notwithstanding
/ recognizes the ability and integrity OF
the court and have as much respect for 1T
as any one, ana especially for Chief JUS
tioe Peters who tried the case. yet under
all the circumstances, and In view of the
new evidence that has been submitted, l
feel constrained TO act upon the advice Of
my council, believing that in this or any
other case, IL Is better for me to err on
the side of mercy than to retain men who
may bs innocent longer in prison."
Governor-eIent nm said:
~ could not help arriving at the con-
clusion did after hearing ths strong evil
dense going to prove an alibi. l felt 1t
my dnty to vote to advise the governor
to pardon the men. When the testimony
of Charles Stain was eliminated from the
state 1t had nothing to stand upon"
Lewis A. Barker, attorney for the petit
tionsrs, said tonight; 81 can only say
that from boy believed the men inno-
cent, and am more than delighted that
they are at last set free. He received
hundreds OF congrat ulatory kilograms
this evening,
County Attorney Smith of Penobscot
who represented the states interest at
the pardon hearing said:
Until within few weeks have had
no knowledge of the case except what
was known publicly. The view that l
gave 1t which was officially required to
do led me to conclusion in harmony
with the verdict of the jury ana con-
clusicns OF the court. From legal
standpoint there was nothing in the al
legged newly discovered evidence to change
that conclusion. Much of the new testi-
mony was hearsay and inadmissable, and
much of 1t weak ana inconsequsntial
From my point of view, nothing was ad-
ducsd at the hearing which would weak
en- the case OF the government as orginal-
ly presented to the jury and the courts.
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