The hydraulic press., 1861-02-09

on charge OF murder, which order was
granted, and the prisoner carried in irons to
Marysyille by COL P. and his posse
On arriving at Marysville, Col. p. handed
his prisoner over to the Sheriff of Yuba
county, R. B. Buchanan, and he was placed
in the old log Jail and ironed to the wall
en- the following day two deputy .Sheriffs,
viz-Dr. Olds and Isaac Bowen, accompan-
led by COL Prentiss, proceeded with the
prisoner to DobbinS' Ranch, for the purpose
of having him examined before Judge Std
ger. This was done at the instigation of
Col. Prentiss, who had double object in
view. lst, because it was more convenient
for the witnesses, nearly all Of whom resided
in the neighborhood and at Fosters and,
I'd, because Col. p. desired to have the pris-
oner examined before a man who had taken
an active part in ferreting out the guilty
party, and felt some interest in his conyic-
ton.
On arriving at Dohbins' Ranch with the
prisoner, deputy Sheriff Bowen was Dispatch
ed to Fosters Bar to procure witnesses, and
the removal by Judge Stidger of his Office
to Dobbins' Ranch
remember well the excitement produced
at the Bar when the announcement was made
that Jim Stewart was In custody. Almost
every man expressed a desire to go to the
Ranch to see and identify him. The Justice
believing the man in custody to be Stewart,
mot yet having confronted him, issued sub
p9nas for half dozen witnesses to appear
at Dobbins' on the following day, and then
started, in company with the writer, for that
place. We arrived there a short time before
candle-lighting, and found a large crowd
assembled in the bar-room of the hotel
l was anxious to see Stewart, and scrutinised
the crowd carefully without recognising him
as one of its number. A moment afterwards
| was beckoned into another room by Judge
s., and asked whether l had seen Stewart.
/ replied "No." Judge S. then called depu-
ty Sheriff Bowen to him, and said, ''Where
is Stewart?' Bowen replied, "That is him."
pointing to the prisoner. Judge S. said
THAT is no more Jim Stewart than | am"
To this Bowen remarked, sThat's Stewart,
sure" Judge S. then approached the pris-
oner and asked him his name. Thomas
Burdue," he answered. Judge S. then re-
turned to where Bowen and were standing,
and said, "That's not the Jim Stewart of
Fosters Bar notorety. He resembles Stew
art and his voice is much like Jim s, but it
is not him.
Soon court was called, and the prisoner
Informed that he was entitled to counsel, and
that if he wished any, the examination would
be postponed, and counsel sent for. He re-
piled, II want no counsel. am not able to
pay for any; and if l were, it would be of
no use. | am innocent of any crime, and
yet surrounded by labyrinth of difficulties
from which | canuot extricate myself. All
I want is a fair trial, and that am prepared
for. 1t may be that something will turn up
to relieve me, though at present have but
little hope. 60 on with the trial"
DR.. Trask was called in~and assumed the
management of the prisoners case on the
examination, Col. PrentiSS acting as Prose-
cutting Attorney.
Two days and nearly two entire nights
were consumed in the investigation of the
case. Over forty witnesses were summoned
from Fosters Bar alone. Two-thirds of all
those who testified as to the prisoners iden-
tity, pronounced him to be Stewart. Some
were emphatic on that point, and said it
was impossible for them to be Mistaken
Others felt equally as certain that he was
not Stewart, but confessed the resem-
blance to be remarkable. Every inch of
ground was closely contested by DR.. Trask,
and for some considerable time it was feared
the State would fail to make out its case
the whole effort of Col. Preatiss being to es-
tablish the fact, that Burdue and Stewart
were one and the same person. Towards
evening of the second day new witness
appeared, whose testimony turned the scale
against the prisoner, and which l shall re-
serve for my next number.
ITO be continued.)