Ellsworth American., 1876-11-16

disappearance. he was arrested. The pre-
liminary examination lasted for nine days
and produced great excitement, but result
ed in his being remanded to Jail to take hi
trial at the next term of court for the Grim,
| of murder.
The wetherwaxes then became alarmed
Few OF them doubted his guilt; indeed
nothing seemed more certain; but they
were not willing that the name should bs
disgraced by one of them dying at the
hands OF the hangman, so they contributed
funds. employed able counsel. and made
the best defense possible. Mr., McMasters
then and now. we believe. a leading law
yer OF that county. was engaged to defend
| him. Mr.. McMasters examined the case
aud though he had no doubt OF his gull, he
like true lawyer, did his best tor him.
Not daring 10 take his trial on the merits
OF the case. he succeeded In establishing
the non J Jurisdiction of the court, and loca-
ting the crime in Canada. The criminal,
Tor such everybody now believed him to
be, was therefore set at liberty. he was
threatened with violence if he did not leave
the country. He refused, saying that he
was innocent and would not stir until he
was vindicated.
While a movement was being organized
TO put the treats into execution, an officer
arrived from Canada with requisition, and
he was taken across the line for trial.
The trial was among the most rrmarka-
Die ever held in Canada. The ablest coun-
gel both OF Canada and New York were en- :
gagged for the prisoner, and by postponing
the trial for nearly year, spiriting away
some OF the most important witnesses OF
the prosecution, and other ingenious but
questionable devices, they succeeded In
producing disagreement in one Jury and
hnally brought abouSan acQuittal, alter
eighteen months OF Imprisonment.
The community felt greatly outraged by
the result, and the press teemed with de-
nnnciations OF those who thus conspired to
cheat justice. His own counsel. wishing
to repair as much as possible the wrong
they supposed they had done society by
rescuing q criminal from Just fate, ad-
yised him to flee the country. and under
another name strive by better liie to re-
pay society for its tolerance In suffering
him To live.
All such advice the wretched man un-
needed and returned TO his old home de-
clarlng his purpose 10 remain there until
the cloud was lifted from his forner good
name But though saved from the galows
he did not escape punishment. The brand
OF Cain was upon him. Everybody be-
lieved him guilty, his old friends and
neighbors avoided him, he was pointed out
as a murderer. and his supposed crime was
even hooted In his ears many times as he
passed through the crowds In the public
streets.
Thus the unhappy man passed eleven
years OF his lie. submitting quietly and
meekly to the aspersion cast upon him,
and waiting patiently for his vindica,ion.
His loss of character had brought with 1t
In. 81 k,,.
him, the better avenues of trade and enter.
prize were closed against him. and he be-
came reduced almost TO beggary. But
amid all these misfortuues he was still
hopeful.
Thus matters stood till the early part
OF October. ls61, when a man clothed in
the gsrb OF & sailor made his appearance
in the village OF flattsburg, aud inquired
for Captain John Weatnerwsx. The lat
ter was just then entering the post-office,
where %a,.,ss tiia teiiSapd5itsfhfM" ,hs fabHeftsd
WAS pointed out TO the inquiriug stranger.
He made his way toward him, laid his
hand Familiarity upon his shoulder, and
exclaimed;
How are YOU. John?'
John looked at him a moment in be-
wilderment, gave 3 suppressed scream,
and replied:
Great Heaven. has Il come at last,'
Turning 10 the crowd In the post-office,
which had By this time become interested
he said:
Gentlemen. my vihdication has at last
come. For eleven years have borne your
reproaches in silence, hoplrg and praying
for this hour. This Is my cousin Andrew,
for whose murder have suffered punish
meut many times worse than death.
o.. a. a a.
sailor, s,upefied with wonder. Andrew
was equally perplexed, for the actions OF
both parties were 10 him incomprehensble.
For a short time there wss a disposition
TO regard the newcomer as an imposter
who had been brought forward to relieve
Captain Weatherwax OF the disgrace that
had attached 10 him; but his Identity WAS
soon established beyond question, and the
interest in the case deepened. thousands
coming from all parts of the State to see
the man who had apparently risen from
the dead.
The account which Andrew gave OF him
self was that he left the boat on that event
ful evening. after the quarrel, wandered
into a rum shop q short distance from the
landing, became engaged III fight and
was arrested. In the morning he was
brought before magistrate and tned, but
having no money, and being still angry
with his cousin, he would not go to him
tor aid. and was on the point of being taken
to jail. when a stranger In the audience
came forwsrd and offered TO pay his fine If
be would engage 10 sail with him. his ves-
sci then lying at Montreal. He consented,
and the next day they sailed for China;
and for eleven years he had followed the
sea and never once communicated with his
relatives He now heard for the first time
what one OF .hem had suffered on his ac-
count.
The matter OF the blood. and his nat,
which, IL will be remembered, was found
on the deck be explained by stating thar
he had had the nosebleed during the day.
and that some OF the blood had probably
fallen on the deck; the hat he tossed upon
the deck when lie decided to go out in the
evening. taking a better one in Its stead
The identification of the body found. the
quarrel, the blow, and the voice OF Wealth
erwax heard during the alteration, are
mysteries never explained. PERJURY can
hardly be alleged, but there was certainly
criminal looseness in judgment which i'm
bittered the best years oi an innocent man S
life. and nearly seat him to an untimely
and dishonored grave.
Ii is hardly necessary to say that there
was a complete revolution in feeling to-
ward Mr.. Weatherwax. Every one seemed
anxious to compensate by kindness And
patronage tor the wrongs so innocently In
hicted before. This was not unappreciated.
Business prospered, and three years ago
both Andrew and John G. Westherwax
were among the most contented citizens OF
Clinton county, New York.
in