The hydraulic press., 1861-02-23
For the Hydraulic Press.
"Reminiscences of Early Times In tb e
Region of Fosters Bar.


Region of Fosters Bar.
The trial Of Budue in the District Court OF
Paba County for The Murder Of Moore--His
conUiction-7he arrest Of jim iSte,oart at San
Francisco-Ns trial, conUiction and execution
by the Vigilance Committee-Ihe erhumatio1a
Of his body-The discoveries naade-Ihe re-
lease Of Burdue.
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 G. 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, for the de-
fense. The jury empanneled to try the
cause was composed of the most intelligent
and respectable men of the county, and
everything denoted that the prisoner would
have fair and impartial trial. The excite
ment was intense among the people of-Marys
vile, for every man, or nearly every man,
believed the prisoner to be the notorious
Jim Stewart. A Vigilance Committee had
been organized there, and determination
expressed by more than one person connect
ed with that organization, that if by any
means the jury acquitted the defendant, he
should be hung.
When the case was called, an effort was
made by the attorneys for defendant to have
the trial postponed, but all efforts of this
sort were in vain. The outside pressure was
too great. The fiat of guilty had been de-
creed 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 commence
ment to its close, the whole effort on the
part of the prosecution, was to identify the
prisoner as Stewart; for every body was we'll
satisfied that Stewart was the guilty party.
The efforts of the defendants counsel were.
to satisfy the jury that the prisoner was not
Stewart, and to prove an abb Hosts of
witnesses who had been summoned from
Fosters Bar, were called upon to identify
the prisoner, and more than two thirds of
'all those examined on that point testified
unequivocally that the prisoner was Stewart.
Judge Stidger, Nehemiah and Ezra Dodge,
and one or two others of the Fosters Bar
witnesses, including the writer, testified as
uaequivocaly that the prisoner was not
Stewart.
1t is not my purpose TO give the entire
testimony elected pro and con at Burdue's
trial, but as portion of the testimony went
directly to the point of the prisoners guilt,
it will be necessary to give it here.
Rawley, Wilson, Captain Vim. Dobbins and
Malcomson, testified as at the former exam
inaton. A man named Shaundown, testi-
fed that he was intimately acquainted with
Jim Stewart that they had been partners in
mining, ate at the same table, and slept to-
gether under the same blankets for several
months that he knew Stewart as we'll as he
did any man living; that he could not be
mistaken as to his identity that the man
before .iim 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 oues-
tions, he said Jim Stewart had certain in
delible ink marks upon his hands, and de-
scribed them as follows: A small star be-
tween the finger and thumb of the left hand,
rather dim; q circle or ring around the Sec
ond 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 form
ing a club finger, or a double finger at the
end He enumerated several other marks
upon the person of Stewart, and strange to
relate, when the prisoner held up his hands
before the court and jury, every mark sworn
to by the witness were found upon them just
as they were described by the witness.
Here was truth positive-conclusive at least
to the minds of the jury, as well as the
court and bystanders, and this evidence
sealed the prisoners fate.
The evidence given for the defense could
not counteract the effect of Shaundown S
testimony, for although all who were exam
ined testified that if Stewart had indelible
ink marks upon his hands, they had no
recollection of them, but that he might have
had them for aught they knew to the con-
trary. The evidence given by the Fosters
Bar Justice was positive and unequivocal,
and in direct opposition to more than forty
persons who had testified before him. He
gave full 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 him 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, &c. He also said that he re-
inembered distinctly that Jim Stewart had a
defect on one of his fingers, occasioned by a
cut; that the first joint was stiff &C. He
denied that Stewart had an injury of the
second finger of the right hand, as described
by Shaundown, and stated positively that
the prisoner was not tue Jim Stewart of
Fosters Bar Nehemiah Dodge also testified
positively that the prisoner was not Stewart.
So did George Prescott, a former partner OF
Stewards. Ezra Dodge, and a few Others
called for the defense, testified more eau
tiously. They said there was strong re-
semblance between Stewart and the prisoner,
but they did not believe that the prisoner
was Stewart, &c.
Eventually the case was given to the jury
and in due time verdict of guilty was rem
dered. The excitement among the outsiders
was intense, for it was feared the testimony