Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1867-11-01


pretty fully brought out, as was then under
stood. He Gays that if the evidence pro
duced upon this examination, had been Civ
en- TO tire jury upon the trial, it would have
been impossible but that the prisoner mus
have been pronounced guilty of murder il
the first degree, and sentenced TO be hung
by the neck till be was dead.
We come now to the third especially i'm
pOrtant event in this history. After the
facts were all out as stated above, and there
was no doubt of the captains guilt, and no
chance Of his salvation from the doom tina
hung over him, bis ingenious counsel be-
thought themselves of the Resources of in-
ternatIOnal law and treaties. They succeed
ed IN establishing themselves 10 the posi-
ton, that Inaemuch as this affair had taken
place 10 Canada, neither the authorities of
Plattsburgh nor Of Clinton county, nor yet
Oi the State of New York had anything
whatever % do with the matter. They
ousied Justice BeckwIth from hls assumed
Jurisdiction. TIE criminal las he was now
esteemed) was released from custody.
As an incident showing the deep convic-
ton oil bis guilt which rested upon the
minds OF all parties having any knowledge
OF the case, note the fact that his counsel,
Mr.. McMasters, has upon the brief record
which be has preserved Of the points that
be deemed OF special interest in the transac-
ton, an cpitOmo Of the professional advice
he gave Captain W. when ne WAS released
tom arrest. lie recommends bis client 10
hee IRON his native country, to change his
name and appearance, TO 20 to the end of
some unfroquented road, and there of out the
world. his identity concealed. to lead a new
and different life.
But the fearless and determined captain
10y no means accepted this advice In the
face OF has accusers and Of all the world. he
steadily and persistently declared his entire
innocence and refused TO bulge a single
inch irOm his accustomed round Of busl-
hess.
But no community could rest under the
reproach Of permitting such a criminal to
walk at large among them. The matter
gained a wider and still wider nOtOriety. Ii
came or was carried to the ears OF the au-
thOrIties of the British Government. \
formal rcquisitIon was made and IN ace ird-
ance with the solemn treaty existing, upon
the authorizes OF the United States, 70 de-
liver up one John German WeatherWax, ac-
cused o. capital crime committed within the
BORDERS OF Canada, TO be dealt with as d.
rected by the laws he had violated. Wm.
l.. Marcy wds then United States Secretary
OF state, and upon his warrant, dated De-
cember 9. 1856. Captain Weatherxax was
again arrested. lie was taken at once to
MInueal aud there closely confined in jail |
From thIs point onward for some months, | !
have not yet been able TO trace his history !
wlth as much certainty and clearness as |
might be desired
W hen one esteemed a criminal leaves any I
community there are few who look after .
him, OF care to trace the events Of life !
whose hopes are blasted. Ia tins case, how |
ever. the accused had a large circle Of rela- |
tiyes and those who bad been friends. His |
faithful counsel also, in this desperate ex- I
tremity. clung to the fortunes Of his client /
in manner wh'c reflects the highest credit /
upon his professional character ard ability. |
lie could not gain admission IN the province, |
TO the court as counsel in the case, but all |
that could properly be done by lawyer for \
his client was done by him.
As | am informed, the efforts set for 10 |
save Captain Weatherwax from the gallows
were simply desperate, so far as anything
can be called desperate IN criminal proceed
ings. | need not inform those who are at
all familiar with criminal trials, that there
are methods, known to the initiated, by |
which evidence changes its character, and
black becomes white. and two and two when
added together by some strange process are
made exactly equal 10 five. In the case
Of which | am writing, there are names
which have, by request, suppressed, and
persons to whom | have made no allusiOn,
because they were understood to have been
50 far compromised In cheating justice IN the
effort TO save Captain W, that alter this
long interval Of time they do not wish to be
mentioned in connection with the man
whose innocence mas first been demonstrated
since the commencement OF the present CAL
endar.
The accused remained in confinement in
Montreal for the space OF one year. | will |
not attempt to describe any of the manipu-
lations to which il is understood he Was in-
debted for his life. IL is sufficient to state
that the accused is said tc have Deen once
tried by a jury, who filled 10 agree, and |
fnd it on the record that be was tried
by jury and acquitted, on the charge Of the
Jadge. that the evidence was not sufficient
TO convict.
So ten years ago the Captain was again
released and returned TO bis home in Platts-
burgh. Thus legal proceedings ended. But
the life saved 10 the accused seemed hardly /
worth the having, NJ one believed him In
nocent The mark OF Cain Was placed upon
him, and be was summed and dreaded even
by his own relatives. A thousand times be
has been accused by them of the murder oil
their kInsman. IL would seem that the
dread OF disgrace. rather than doubts OF guilt,
had caused the Efforts TO save him from pun
Isnment. The eleven years that have passed
since the accusation was made, have been
sad and weary indeed to this man. lie has
stood alone in the belief and knowledge OF
his innocence.
And here We reach the last, and above all
others, strange event of this history. Early
In the present month of October, Andre =
Weatherwax appeared among his friends and
relatives IN the southern part OF the town OF
Plattsburgh. When intelligence Of his re-
turn was brought TO those who participated
in the scenes OF 1856, which have narrated,
they refused to credit it. Said Mr.. Mac
Masters. | will believe it when see him, not
before. And so some ten days since, the
yerirable Andrew came to the village.
The account which Andrew gives OF him.
sell Is, that on that July night, in 81, he
left the boat lying at the wharf at Pike
river. and wandered of to rum shop some
where in the neighboring settlements. Al
ready partially intoxicated, and irrltated BY
the events of the day, it did not take long
for him to become emhrollcd with certain
tipsy fellows he found there. He Gays he
was arrested. brought before magistrate
and fined. Not having the money to LAY the
fine. he was about to be placed IN close con,
fnement, when man stepped forward ana
offered tu take him as a seaman, giving an
advance of wages to pay the fine. Andre"
accepted, and was speedily shipped on an
English vessel. lie went as common sailor
70 China, to Australia and to various parts
of the world in different vessels. He returns
now and learns for the first time Of his sup
posed death by violence.
Since the return Of bis cousin, Captain
John G. Weatherwax Is another man. The
confidence, vigor and light heartedness OF his
Younger days have returned to him Friends
cannot do enough to recompense him Tor the