Daily national Democrat., 1861-02-27
The Case OF Berdue.

He was sentenced to II years imprisonment |
under the name of Stewart in the San
Francisco Court, and then brought for trial to
Yuba county, on a charge Of numbering a
Mr. Moore. and found guilty of murder in
the first degree. Thus, was he fully idcntl- |
fed, in both cases, as stewart, who had com |
mittcd the deeds named, and shat by the au-
thorty Of numerous witnesses. 1t was the
mere accident of the real Stewart beng |
caught, 10y the Vigilance Committee of san !
francisco, and hung, that saved the life OF
this innocent and most strangely unfortunate |
man. The resemblance between him and the |
Stewart, the real thief and murderer, was 50
complete as to cause witnesses TO swear that
they had no more doubt that the prisoner
was Stewart than they had that the sun was
shining. lie even had II mark upon one of
his fingers which was so much like "A mark
upon one of the fingers Of Stewart, that some
OF the witnesses were confirmed in their first
impression that he was Stewart by that very
circumstance.
The narrator OF the events related in the
San Juan Press, is in error in his recollection
as to its being VIM, Walker Of Nicaragua
and Glibuster fame, who assisted Jesse O.
| Goodwin, in the prosecution Of Berdue. 1t
was G. II. Bryan, who made, perhaps bis
frst speech at the Bar, in that case, and it
was universally acknowledged as a speech OF
great brilliancy and power, giving high
promise for the young and handsome orator.
The narrator is also mistaken in his state
mcnt that several witnesses testified positive
! ly that Burdue was not Stewart. Only one
witness so testified, and that was Judge
Stidger, who braved the wrath of frown-
ing multitude in speaking his convi.tions, as
he did, for they were almost ready to mob
him as Il sympathizer with one whom they
deemed proven thief and murderer at the
bar
The evidence was so clear that eleven Of
the jury, so soon as they went out, pronounc-
ell Immediately for conviction One, how
ever, held out and voted no. On being asked
his reason, he said he had none, except that
he entertained "A strong notion that perhaps
the man was not Stewart. lie held out for
several long hours, acknowledging that he
was unrea. enable in the face of so much tes-
Gmony, but that lac nevertheless doubted.
Finally he gave in, and agreed for conviction.
he was right, and the eleven, who deemed
him so OF stinat9, were all ~roag. One of the
gentlemen on that jury has told US that he
has never served on jury in trial for muir
der, since, his answer to the usual question
being invariably that he entertained conscicn
tions scruples on the subject of capital pun
ishment Il II. Taylor now District Judge
of sierra county, was on the same jury, and
made much fun for the eleven and himself in
a good-humored cpeech against the one Oh
stinatc juryman whom the balance had ar
roigncd on a sham trial, for the purpose OF
wearing away some Of the long tedum Of
their session.
We have before us a sort of record which
we once kept of events in California and il
it We find the following copy of an article
from the Marysyille Herald, then edited, We
believe, by Taylor and Massett, and dated
August. 3Uth, 1851. 1t may be interesting to
our readers to go back to what was said by
that paper on the subject of this same case
: while yet it was fresh in the history of the
! PERIOD and we here give the article;
CEASE OF BEEDUG-Ihomas Berduc, some
months since, was arrested by the authorities
Of San Francisco on suspicion of an assault
with intent to kill c. }. Janson of that city
] he evidence of his guilt was so clear, the
outrage was so great that it was thought to
be fit subject for popular Intervention.
Accordingly demand was made upon the
authorities to surrender him, which was de
MED. ~ number of meetings were held, the
city was placarded, and violent and hot
Drained speeches were made to stir up the
public mind tomutiny. For long, long hour:
Of agony, known to himself and his God
only, he awaited his doom. So equally poised
seemed the scales that feathers weight
would have turned them, and thrown him
2 into the hands of an infurated populace
that surrounded his prison. 1t is said that st
exquisite was the agony of his mind, that il
twenty-lour hours he lost thirty pounds o
l flesh. He was finally brought to trial undel
the name of james Stewart, for the attach
upon Janson, convicted and sentenced to Il
years, when upon a demand of the authori
e ties of this county, he was brought up here
took his trial for the murder of Charlie
\ Moore, was condemned and on the eve Of re-
ceiying his sentence, when a circumstance
trivial in itself directed the suspicious Of tho
4 Vigilance Committee Of San Francisco TO al
t individual as being the veritabe Jane.
j Stewart lie was accordingly arrested, made
q clean breast of it, confessed to portion o
the crimes of which Berdue had been fount
guilty, and was hung by the Committee
, Berdue was discharged from custody and de.
lvered back to the authorities at san Fran.
cisco, and we see by our late exchanges from
, that city, that, on motion made by his couu-
scl he has been fully discharged and is now 4
freeman, though evidently poor, having eX
pended all his means (about 81 jO0) in feeling
counsel, dc. We are happy to hear that &
subscription has been set on foot for his re.
lief
SENATOR DoUGLAs has introduced new
fugitive slave law, which provides for giving
the slave a trial after capture in the State
whence he fled and it also authorizes the
owner of any fugitive slave, when through