The hydraulic press., 1861-02-23

await his sentence, which was to be given in
one week thereafter.
The prisoner was therebpon taken totjail,
where, on the following day. ], in company
with the Fosters Bar Justice, visited him.
The prisoner was much detected. In con-
versation with the Judge, he gave detailed
statement of his tribulatons and persecu-
tions, and closed by avowing himself inno-
cent of every crime imputed to him. He
said he did not care to live any longer, as
life had become burden to him that if he
had escaped from this charge, still he would
have to be immured in the walls of the pen
itentiary for IA years, for a crime he was as
innocent of as he was of the murder of
Moore. He wept bitterly on bidding US
good bye" and called upon the good God
who ruled all things well to bless the Judge
for the efforts made to save him.
On the following day Judge s., together
with number of others, including the
writer, returned to Fosters Bar, arriving
there in the evening of the same day. On
the night of our arrival, or rather before day
on the following morning, Judge Stidger,
was aroused from his slumbers by person
who had come in post haste from Marysville,
with a message from the Secretary of the
Vigilance Committee at that city, announc-
ing to him that the person supposed to be
the veritabe Jim Stewart had been arrested
at San Francisco, and was in the hands of
the Vigilance Committee; that it was the
desire of the Committee at Marysville that
Judge S. should proceed directly to San
Francisco for the purpose of identifying
Stewart, and if possible save Burdue. Judge
s. Immediately started for San Francisco via
Marysville, taking George Prescott with him.
AS | was not connected with any of the
scenes which followed, can not as an eye
and ear witness. describe them Conse-
quently, to close the history of this Eurdue
case properly, must resort to facts connect
ed with Stidger and Prescotts trip to San
Francisco, as detailed to me by both parties.
They told NE that on their arrival at
Marysvlle, on the day they left Fosters,
they found the entire city in a complete
hum of excitement, and thousand different
rumorS in circulation respecting the party
arrested at San Francisco that hundreds of
men who had formerly joined in the hue and
cry against Burdue were now anxious to
save him, and urged them to go on to San
Francisco and see the man under arrest;
that on the following morning they took
stage for Sacramento, and before they reached
that city met the stage bound for Marysviile
with Mr. Wm Hawley on board, who in
formed them that they need go no further,
as he had seen Jim Stewart hung by the
Vigilance Committee the day before, &c. lie
said, among other things, that he was now
satisfied of his mistake in swearing that
Burdue was Stewart, as he did at the trial
of Burdue.
Notwithstanding this information, the
parties continued their journey and arrived
at San Francisco about eleven o'clock that
night. They Immediately ascertaned that
the man they wished to see had been hung,
as Mr.. Hawley had stated, the day before,
and that in all probability be had been given
to the doctors As it was too late ut night
to make the Investigations required, they
concluded to delay matters until the follow
ing morning.
Early in the morning they set themselves
to work, and ascertaned that the body of
the man who had been hung was buried on
the evening of their arrival, and not given
to the doctors, as reported. On learning
this fact, they proceeded to the Mayor OF the
city, c. Brenham, Esq, and obtained from
him an order authorizing the exhuming of
the body Of the executed man. In accord
ance with the order, the parties procured a
carriage and took with them the Mayor, and
several gentlemen connected with the press,
proceeded to the graveyard, where the sex
ton was in waiting and had the body taken
up and examined. They recognized the dead
body before them as that of Jim Stewart.
They made thorough examination of his
hands, and strange to relate not a single
n.ark sworn to by Shaundown was found on
either of them The third finger Of the
right hand had the marks as testified to by
the Fosters Bar Justice, and it was the only
mark upon his fingers.
Having satisfied themselves that jim Stew
art was dead and buried, they returned to
Marysville, where they filed in the District
Court an affidavit of the facts herein set
forth. On receiving the affidavit, an appli-
cation for new trial in behalf of Burdue
was made by his counsel, and granted. A
nolle prosequi was entered by the Court, and
Burdue ordered to be returned to the Sheriff
of San Francisco county. He was so re-
turned.
During the time Stewart was in the hands
of the Vigilance Committee, Janson, who
had been knocked down with slung shot,
as detailed il these "reminiscences, visited
him at the rooms of the Committee He
testified before the Committee that the man
before him was the one who committed the
deed, and that the man in the Yuba county
Jail was not the person. When Burdue was
returned to San Francisco, a motion in his
behalf was made to the District Court that
had passed sentence of IA years imprison-
ment on him, for a new trial, which was
granted, a nolle proseqm entered by the court,
and Burdue was thereupon discharged
Stewart, previous to his execution, made
a confession in which he confessed himself
guilty of all the crimes alleged against Bur-
due.
To THE EDITOR This ends my reminis-
cences, so far as they relate to the Stewart
and Burdue matter. | might detail to you
the Providental circumstances which led to
Stewards arrest, but fear to trespass upon
your columns.
As soon as can obtain time, purpose to
continue these "reminiscences. and to detail
to you the circumstances attending one of