The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1872-10-11
NUMBER 81.

that the prisoner and Stewart were differ
ent men, was warned that if the prisoner
was acquitted on his evidence, both should
dangle from the samc gallows ! He was
not to be ''bluffed," however, and replied
that he would testify to the truth, what
ever might happen
The Vigilance Committee did not at
tempt TO take the trial of the prisoner into
ITS own hands, but used its power and IN
fiuence in aid Of the prosecution, and stood
ready to mete our summary punishment,
should the court fail to convict the alleged
cuIprit. The trial was pretty much one
sided The counsel assigned to the pi1S-
oner did his duty manfully all things con
sidered but the witnesses were evidently
afraid of the Committee, and such OF them
AS had any doubts of the prisoner $ identity
hardly dared express them. lotewart
connection with the crime was established
by incomtrovertible evidence, and the case
hinged upon the question of identity. At
length Stidger was called to the stand, ana
testified promptly and positively that he
knew Jim Stewart well, having seen him
nearly every day during a long period, and
that the prisoner at the bar was not Stew
art. On his cross-eXamlnatlon colloquy
something like the following occurred be
tween Stidger and one of the attorneys for
the prosecution
O: You admit that there is a strong re-
semblance between the prisoner at the bar
and Jim Stewart?
A. Yes: a resemblance so close that
was at first deceived by 1t.
Q. How, then, did you satisfy yourself
that the prisoner rs not Stewart?
A By the strong points of difference be-
tween the two men.
O. What are those points of difference?
/ A. Well, Stewart is a little taller-about
an inch, | think, than the prisoner, and
his hair and eyes are a little darker. The
middle finger on the prisoner 5 left hand IS
crooked, apparently from rheumatism
The middle finger on Stewart rtgtthand
is crooked, having been nearly cut off with
knife in a hand-tO-hand fight. Again,
Stewart is a nervous, eXcitable man, with
restless eyes. If he were in that box he
would be constantly changing his position,
and his eyes would be incessasltly wander
ing about the courtroom, never resting
for more than second or two upon one
person or object; whereas the prisoner sits
quietly in one place, and regards every
thing he looks at with a calm; steady, LIN
gering gaze The features of the two men
are very much alike in their outlines, but
totally different in their expression
If Stidger's testimony had any weight
with the Court and jury, they were afraid
manifestit for the judge charged against
the prisoner and the jury, after short alb
seuce from the courtroom, brought III a
, verdict of guilty of murder in the first de-
gree 1t was fortunate for the prisoner
that they did 50. Had they acquitted
him, he would have been seized and sum-
marily hanged by the Vigilance Commit
tee. AS it was, he was allowed a short re-
spite-twO or three wcekS-tO prepare for
death: To render his escape impossible,
the Vigilance Committee, protesting To
distrust the Sheriff and his aids, kept a
strong guard around the jail day and night.
Three or four days before the time ap-
pointed for the execution, news reached
Marysville that Jim Stewart had been cap
tured, and I'm the hands of a vigilance
Committee in San Francisco. The matter
was considered of sufficient Importance to
inquire into, and committee of the Ma
; rySville organization was detailed to pro
ceed in all haste to the Bay and ascertain
the truth. Stidgers was invited to accom-
, pany them and did SO. (fIis testimony
, had its good effect after all, and that at an
Opportune time.) A look at him was suf-
| fcieutly convincing. Notwithstanding his
: remarkable resemblance to the condemned
man in Marysville, who called himself
Thomas Burdue, the points of differance
noted by Stidger were now plainly appa-
, rent. Stewart was at once recognized by
= every man Of the party. Furthermore, he
: had confessed both of the crimes of which
Burdue had been convicted. There was
now barely time to save the latters life.
, 1t could only be done by executive nterfcr-
ence. In breathless haste the party wait
ed upon the Governor, got his signature
and seal to two distinct pardons, and, with
, great eXertiOns; reached MarySviIle with
the documents just as the minionS of the
law were about 70 lead Burdue forth to sx-
ecutiOn.
And thus, after languishinC for many
months in prison, being twice condemned
and finally pardoned for crimes he had new
er committed, Thomas Burdue was turned
out. friendless and penniless, upon the
world Whittier he went or what became
him no one in that part Of the country
knows. lie was never again seen or heard
of there: john CLERKE.
PIEDMONT: W. VA, Sept Is, 1872.
, -COrrespORdeRce df Cumberland Times.
ExTRvAGkNCE VS.. MARRIAGE.-Those