Litchfield enquirer., 1868-04-23

CONN. THURSI
 satisfied of their guilt, would be obliged to commit them for trial.
 The recorder was at that hour holding
 court in the building at the ccrner of Jack
 son and Kearney streets, saich then serv- ed for court-honses poliees 1ee, and iail. In order 10 escape the cfoalg. which was now becoming impatient, the prisoners
 were taken ont by a back way from the ma gistrate's office, and, being placed in close carriage, were driven as rapidly as possible
 by side streets to the court house But the
 excited crowd, which had now swelIed in
 numbers to several thousands, soon learn
 ed what had been done, and, moved by one common impulse, surged like sea-waves
 through Kearney street, and reached the court house just after the two men had been taken into tue recorders courtroom Law at that time in San Francisco was very doubtful and unreliable III it's opera 1, tion. Notorious murderers, robbers, thieves, and burglars, it was we'll known, had, by some corrupt means, succeeded in continually escaping through it's meshes, until the people began to feel that the com initial of presumed criminal upon his preliminary examination was equivalent to his final escape. As the excited crowd reached the house, and learned that Stuart and Mildred had just been taken in Q rush was made for the door, the railing, inside of which the prisoners sat, trembling like aspen, was broken down, and dozen pioneers leading the rest, leaped over to- ward the prisoners box, ready to seize and bear out to the populace tine two frighten- ed wretches. It so happened that after noon, volunteer company of soldiers, whose drilling room adjoined the record er's office, where at that very time engag- ed there in drill. As the crowd broke down the railing which enclosed the sa- cred space where justice was supposed to |rnle, 3 happy thought struck the reeorder; opening Q door communicating with the drill-room, there come pouring through it in second, twenty of the volunteers with fixed bayonets, who charged upon the crowd, driving it before them like sheep. In 8 moment the court room was cleared, and in another the prisoners, more nearly dead and alive, were hustled for safety into the cells in the basement of the build ing.
 The American blood, which, up to the time of the civil war, boiled at the sight of the bayonet, was running through the veins of the populace at fever heat. All that afternoon and evening thousands of people remained about the building, shout ing for the prisoners, demanding that they should be brought out and instantly exc cuted. Harangues were made, in which the story of the robery was told over and over again; the tardy course of justice com plained of; and the probable escape of the prisoners, if left to be tried by the institu- ted authorities, predicted. The imagina- tion of the multitude was excited by glow ing pictures of San Francisco in flames, while murder, robbery and rapine were be- in committed by the gangs of Sydney Ducks' which infested the city. The invari- able conclusion of all these speeches was that the prisoners should be immediately brought out and hung. In the jail now, however, were fifty men with bayonets and loaded muskets, and not single one of the loud mouthed orators felt inclined, or man. ifested the slightest disposition to lead his hearers to an assault, which although might be successful, might also cost him his life. Toward night wiser counsels prevailed, aud although considerable number of persons remained about the jail till morning, no demonstrations of d hostile character were made upon it.
 During the night a compromise was eff fected between a self constituted commit tee of commercial men and the judicial au- thorities. It was agreed that on the fol lowing day the two prisoners should be given up to the citizens, not to be directly executed, but to be tried by Lynch Court. The rumor of this arrangement spread through the town at all early hour, and by noon nearly all the male adult pop ulation was gathered about the court house All were quiet and orderly, however, and seemed disposed to patiently await whatev- CT was to come. A little before two clock young and well-known lawyer addressed the people, advising them of tine decision which had been arrived at, and submit ting to their consideration a number of names of names of proposed members of the impromtu court. These were voted upon, and the court, in few minutes con- sistiug of two lawyers and three merchants was constituted. A merchant, who after ward became quite prominent as the Presi dent of the Vigilance Committee, of 1856, was appointed prosecuting attorney, and an old and conscientious lawyer was cho- sen to defend the prisoners.
 It was on Sunday afternoon, about three o'clock, when Berdue and Mildred were brought trembling into the same room where the day before their lives had been saved by the prompt action of the volun- teers. In the glance, however, which each of them, involuntarily, as he took his seat cast around upon the multitude assembled in the court room, he saw written upon their faces anything but hope for him. The prosecuting attorney opened the case in few calm words, and the evidence was pro- ceeded with. Jansen, in spite of his weak condition, was brought down, and gave his testimony, clearly distinctly, and with evi- dent conviction of the truth. As to the man Berdue, he again swore positively, while as to Mildred he expressed but little doubt. A circumstance had, however, come to light, while Mildred was in jail, which told heavily against him. Upon the right el- bow of his coat was found dried clot of what looked very much like, and was assum- ed to be blood; and upon piece of goods in Jansen's store was found Q correspond ing blood mark. A clerk testified that this piece of goods was on a counter near the door, and in just such a position. at just such 8 height. that Mildred in escaping might have left the mark upon it as he brushed it with his elbow. The theory of the prosecuting attorney, of course,s was, that this was Jansen's blood. A number of witnesses testified again, positively, to the identity of Wildred's companion with Jim Stuart. No witnesses, were found for