Bradford opinion. [volume] (Bradford, Vt.) 1874-1881, 1876-10-28
A NARROW ESCAPE.
A Story OF Circumstantial Evidence.

Many citizens of the State Of Ne,
York will remember tho excitement Gre
ated during the summer of 1856 b.
what was generally called tho "WeatheI
wax Murder" The arrest, tho legl
controversy concerning jurisdiction, tn
final trial, and the howl of dissatis
faction which followed the partial &C
quittal, arc matters not easily forgotte
by those who then resided near tn
scene Of the tragedy.
The circumstances of the case wer
substantially as follows: Captain Johl
G. Weatherwax resided in 1856 near tn
village of Plattsburg, New York. H.
was u man CT good character, one of
numerous family of the same name, tn
settlement being known for mile
around as the Weatherwax settlement
Captain Weatherwax was, at the time o
which we write, about thirty years O
age, and the owner of small Graf
which piled on Lake Champlain
trading with New York, Vermont ant
Canada towns along the shore of the
lake.
The crew of this vessel consisted ol
himself, his cousin, Andrew Weather
wax, and a man named Walter Brown.
In the latter part OF June, 1856, he left
Plattsburg with cargo for Canada, and
on tho way back stopped at Pike River
landing, On the Canada shore, where he
was to take on n cargo of wood fo1
Plattsburg. During the day, while the
wood was being taken on board, sharp
quarrel arose between Captain Weather
wax and his cousin Andrew, and NUT ual
threats were indulged in. 1t was soon
over, however, but as Andrew had be-
come intoxicated, he was rather morose
during the entire day.
So far, everything is plain and easily
understood but here the mystery be-
gins, and what follows is largely based
upon the statements of the third party,
Walter Brown. He states that after
dark (the night was very cloudy and
starless) he was standing on the rear of
the boat, and heard the captain and his
cousin (who were at the bowl resume
the quarrel of the day. 1t steadily in
creased in violence, threats were ex-
changed, and though he could see
neither of the parties, he could hear dis
tinctly all that passed. The wordy war
waxed hotter, and suddenly he heard q
crash as of blow crushing through
skull and brain, succeeded by heavy
fall, and as suddenly all was still.
The man listened with bated breath
and trembled; his first impulse was to
rush forward and offer assistance to the
wounded man, but fear restrained him,
and he waited the result. In a few min
utes the captain came aft, but he was
alone. Brown noticed, or thought he
did. that he was pale and excited.
Nothing was said about tho quarrel,
and the two men soon retired. Brown,
however, could not Danish from his
mind theimpression that serious crime
had been committed. He arose early
and visited tho spot wher the alterca-
ton took place, and found Andrews
hat, and near it marks of blood. Still
he did not mention his suspicious to
any one. nor make any inquiries con-
cerning the missing man. 1t seems that
he was by nature exceedingly timid, and
shrunk from tho responsibility OF charg
ing a man with so serious crime, and
from the publicity which the position
of prosecutor would compel him to
assume.
The boat proceeded to Plattsburgh,
and when Andrews relatives made in
quiries for him, the captain professed
total ignorance of his whereabouts, say
ing that he had left him at Pike River,
without notification, and gone, he knew
not whittier.
Matters rested in this condition until
eight or ten days after the occurrence,
when body was taken from the riverat
the identical place where Captain
Weatherwax's boat had been moored on
the fatal night.
The body gave ample evidence of
having met death by violence, as the
skull was crushed as by terrible blow
from some heavy instrument. An inves-
tigation was held, and captain of a
vessel lying near to Captain Weather
wax's, on the night in question, recog-
nized the body as that of man he had
seen employed on Weatherwax's boat.
He further testified to having heard q
quarrel on that night, ending with a
souffie aud blow, after which all was
silent. The alteration, he thought,
proceeded from WeatherwaX'S boat, and
he distinctly heard Weatherwa1's voice
in the quarrel.
OF course suspicion was at once di-
rected to Weathcrwax, and as he could
give no satisfactory explanation of his
cousins disappearance, he was arrested.
The preliminary examination lasted for
nine days, and produced great excite
ment, but resulted in his being remand
ed to Jail to take his trial at the next
term Of court for the crime of murder.
The Weatherwaxes then became alarm
ed. Few of them donbted his guilt :;
ir deed nothing seemed more certain;
but they we're not willing that the name
should be disgraced by one of them dy-
ing at the bands Of the hangman, SO
they contributed funds, employed able
and made the best defense pos
sible. Mr.. McMasters. then and now,
we bek0e, a leading lawyer of that
county, was engaged to defend him.
Mr.. McMasters examined the case, and
though he had no doubt of his guilt,
he, like true lawyer, did his best for
him. Not daring to take his trial on the
merits of the case. he succeeded in es-