The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1872-10-11
The Trials of Thomas B4rI,Ie.

have just read, in the MOUNTAIN CITY
TIMES of the 31st ulto., selected sketch
entitled "CircumStantial Evidence. A
HaiT-Breadth Escape from the Gallows in
San Francisco" the writer ofwhich claims
forit Exceptional truthfulneSs and accuracy.
1t is indeed, like Artemus Wards stories,
founded onto fax" but those facts are aw-
fully distorted in the narration. Thomas
Burdue's remarkable resemblance to Jim
Stewart caused him to be twice tried and
condemned, but both trials were had before
lawfully constituted courts. Here is the
true story, as it is we'll known to many old
! Californians; and it is far more wonderful
than the very imperfect version above men
( toned.
The murderouS assault upon Jansen, and
the robbery of his store, in San Francisco
took place in the winter of 1850 -'51-the
exact date l have forgotten. From Jan
sens description of the robbers the police
were satisfied that one of them was no
toTious desperate named Jim Stewart
After time they succeeded in arresting a
man whom they supposed to be Stewart,
but who asserted that his name was Thorn
as Burdue, and that he had arrived in Cal
; lfoTnia after the date of the robbery. He
was, however, tried, together with his al
legged accomplice was identified as Stew
art; and both the prisoners were found gull
ty and sentenced to long terms in the Cal
ifornia State Prison.
In the fall of 1850, the sheriff of Sacra-
mento county had been murdered. while
travelling on horseback from Marysville to
Sacramento, and robbed of about So, 600
which he had in his custody Circum-
stances clearly indicated Jim Stewart as
the perpetrator of the crime. According
ly, after the trial and sentence of the sup
posed Stewart in San Francisco, he was
delivered to the authorities of Sacramento
county, by whom he was conveyed to Ma
rysville and committed to Jail to await his
trial for murder
Jim Stewart had formerly resided ut Fos-
ter's Bar, mining camp ON the Yuba Riv-
eT, about eight miles from Marysville. He
was well known i'll that region and after
the prisoner had been placed in iail. still
strongly protesting that was he Thomas
Burdne, and not Jim Stewart, and that he
was innocent not only ofthe crime of which
he had been convicted, but of that with
which he was charged, he was visited by
many of Stewards old acquaintances, most
OF whom believed they recognized him,
while others entertained some doubts of his
identity, But one man was positive that
the prisoner was not Stewart. This man
was o. Z. Stidger, Justice of the Peace
at Fosters Bar, before whom Stewart had
appeared ON many occasions, and who
knew him well. After a long interview
WIN 1i'O ia lSOiioIJ DlIuSeT was thoroughly
convinced that he was not Stewart, and
stated his conviction and his reason there
for freely and publicly.
BY this time the Vigilance Committee
had been organized in San Francisco with
branches in many interior towns including /
Aarysville, and the organization embraced /
the leading business and professional men /
in every place where it gained foothold.
Nearly every lawyer in Msrysville was
''Nigilante," and poor Burdue, whose triai
for his life was to take place Immediately,
was unable to obtain counsel, so strong was
the prejudice against him, joined to the
fear of the committee, which carried mat
ters with high hand, in many cases sur
passing in lawlessness the outrages it WAS
ostensibly organized to repTess. Stidger
was .intervicwed" by leading ''vigilantes,'
and on declaring his absolute certainty