Daily national Democrat., 1861-02-27
lallp Natlonal 1emutrat
The Trial of Berdue in Yuba County.

cient interest to be laid before our readers.
Many of the present citizens of Marysville
will remember the circumstances, and prob
ably some are now here who sat upon the
Jury which innocently condemned an inno-
cent man
The trial of Burdue for the murder OF
Moore. came off early in the summer OF 1851,
in the District Court of Yuba county, before
Judge &. n Mott, now of Marysville. jesse
O. Goodwin, Esq, aided, think, by William
Walker, of Nicaragua notoriety, acting as
prosecutors, and f. L. Aud, Esq, Tor the de-
tense. The jury empanneled to try the cause
was composed of the most Intelligent ana re-
spectacle men of the c, unity, ana everything
denoted that the prisoner would have fair
and impartial trial. The excitement was IN
tense among the people of Marysville, for
every man, or nearly every man, elieved the
prisoner to be the notorious jim Stewart. A
Vigilance Committee had been organized
there, and determination expressed 10y more
than one person connected with that orgaui-
zaton that if by any means the Jury acquit-
ted the defendant, he should be hung,
When the case was called, an effort was
made bv the attorneys for defendant to have
the trial postponed, but all efforts ofthis sort
were in vain. The outside pressure was too
great. The fiat of guilty had been decreed
against the prisoner, and nothing had to be
done but to convict him, in accordance with
the forms Of law.
The trial began. From the commencement
TO its close, the whole effort Oh the part of the
prosecution, was to identify the prisoner as
Stewart; for everybody was well satisfied
that Stewart was the guilty party. The eff
forts of the defendants counsel were to salts
"a, II II ~
art, and to prove an dIi6j. Hosts of witnesses
who had been summoned from Fosters Bar,
were called upon to identity the prisoner,
and more than two.thrds of all those exam
ined on that point testified unequvocaly
that the prisoner was Stewart Judge Stidg-
er, Nehemiah and Ezra Dodge and one or
two others of the Fosters Bar witnesses, in
GLIDING the writer, testified as unequivocally
that the prisoner was not Stewart.
It is not my purpose to give the entire tes-
timony elected pro and con at Burdue's tIial,
but as portion of the testimony went di-
rectly to the point of the prisoners guilt, it
will be necessary to give it here
Rawley, Wilson, Capt. VIM. Dobbins and
Maeol1ison, testified as at the former eXami-
nation. man named Shaundown, testified
that he was intimately acquainted with Jim
Stewart that they had been partners in min
ing, ate at the same table and slept together
under the same blankets for several months
that he knew Stewart as well as he did any
man living; that he could not be mistaken as
to his identity; that the man before him on
trial was Jim Stewart; that he was as certain
of that fact as he was that the sun rose and
set. In answer to questions, he said Jim
Stewart had certain inde}ible ink marks upon
his hands and described them as follows: y
small star between the finger and thumb OF
the left hand, rather dim; circle or ring
around the second finger Of the right hand
and also a deep cash or cut made through
the end of the second finger Of the right
hand, thus forming club finger, or a double
finger at the end He enumerated several
other marks upon the person OF stewart. and
stranQe TO relate, when the prisoner held up
Iii, hands before the court and jury, every
mark sworn to 10y the witness were found
upon them Just as they were described by the
witness. Here was truth posiiive--couciu-
fivo, at least to the minds Of the jury, as well
rs the court and bvstanders, and this evil
dcnco sealed the prisoners fate.
The evidence given for the defense could
not counteract the effect Of ohauudowu'S trs-
timony, for although all who wcYe examined
testified that if Stewart had iudelible ink
marks upon his hands, they had no rccollec
ton Of them, but that he might have had
them tur aught they knew 10 the contrary
The evidence given 10y the Fosters Bar jus
tice was positive and unequiyocal and in di-
rect opposition TO more than forty person.
who had testified before him He gave ful
description Of Jim Stewart of his size, color
of his hair, shape of his head, body, legs, and
in fact, every part of his person compared
hm with the prisoner, and pointed out the
difference between Stewart and Burdue, even
TO the shape of the nose color and expression
of the eyes, color of beard, No. lie also said
that lie remembered distinctly tLat jim
Stewart had a defect on one of his fingers
occasioned hy Il cut; that the first Joint was
still, etc. He denied that Stewart had an
injury of the second finger Of the right hand
as described 10y Shaundown, 0ad stated posi-
lively that the prisoner was not the Jim
Stewart Of Fosters Bar Nehemiah Dodge
also testified positively that the prisoner was
not Stewart. SO did Geo. Pr"scot t, former
partner OF Stewart's Ezra Dodge, and a few
others called for the defense, testified more
cautiously. They said there was Il strong
resemblance between Stewart and the prison
er, bat they did not believe that the prisoner
was Stewalo, etc.
Eventually the case was given to the jury
and in due time a verdict Of guilty was rem
dered. The excitement among the outsiders
was intense, for it was feared the testimony
OF the Fosters Bar Justice would have pow
'eriul weight with the jury, and cause them tc
render n verdict of not guilty.
Immediately on receiving the verdict, the
Judge of the District Court remandrd the
prisoner to the custody of the Sheriff tc
await his sentence, which was to be given in
one week thereafter
The prisoner was thereupon taken to Jail
where, On the following day l. in company
with the Fosters Bar Justice, visited him
The prisoner was much detected In con
versaion with the Judge he gave a detailed
tons, and closed by avowng himself inno-
cent of every crime imputed to him. lie
said he did not care to live any longer as
life had become a burden to him; that if he
had escaped from this charge, still he would
have to be immured in the walls of the PEN
Nentiary for II years, for a crime he was as
innocent of as he was of the murder OF
Moore. lie 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 wri-
Ger, returned to Fosters Bar arriving there
IN the evening of the same dav. On the
night of our arrival, or rather before day on
the following morning, Judge Stdger was
aroused from his slumbers by person who
had come in post haste from Marysvile. with
message from the Secretary of the Yigi-
lance Committee at that city, announcing Ia
nun 1nat the person supposed to be the verit-
aole jim Stewart had been arrested at San
Francisco, and was in the hands of the Viri.