The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1876-11-03
ESCAPING THE GALEOTS
A story OF Circums tantial Evidence
BY LAWRENCE LESLIE,

4" SaOry Oh Circumstantfal Evidence.
BY LAWRENCE LESLIE.
Many citizens of the State of New York
VIII remember the excitement created dur-
ing the summer of 1867, by what was gen.
orally called the ''Weatherwax Murder -
ihe arrest, the legal controversy concern.
Ing jurisdiction, the final trial, and the
howl of dissatisfaction which followed the
partial acqulttaI, are matters not easily for
gotten by those who then resided near the
scene of the tragedy.
| lhe circumstances of the case we're SUBJ
stantlally as follows: Captain John q.
Weatherwax resided in 1856 near the vii
lage of Plattsburg, New York. He was a
man OF good character, one of a numerous
family of the same name, the settlement
being known for miles around as the
Weatherwax settlement. Capt. Weather
wax was, at the time of which we write,
about thirty years of age, and the owner of
a small craft which piled on Lake Cham
plain trading with New York, Vermont,
and Canada towns along the shore of the
Lake.
| The crew of his vessel consisted of him
self, his cousin. Andrew Weatherwax, and
man named Walter Brown. In the latter
| part of June, 1856, he left Plattsburg with
cargo for Canada, and on the way back
stopped at Pike River landing, on the Can
ada shore, where he was to take cargo Of
wood for Plattsburg. During the day,
while the wood was being taken on board,
| sharp quarrel arose between Captain
! Weatherwax and his cousin Andrew, and
mutual threats were INDUCED in. 1t was
| soon over, however, but as Andrew had
become intoxicated, he was rather morose
during the entire day.
| So far, everything is plain and easily un-
derstood but here the mystery begins.
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 bow resume the quarrel of the day. 1t
steadily increased in violence, threats we're
exchanged, and though he could see ne;th-
| er of the parties, he could hear distinctly
| all that passed. The wOrdy war waxed
hotter, and suddenly he heard a 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 few minutes the captain
came aft, but he was alone. Brown noticed,
| or thought he did, that he was pale and
| excited.
Nothing was said about the quarrel, and
| the two men soon retired. Brown, how
| ever, could not Danish from his mind the
| impression that serious crime had been
| committed. He arose early and visited the
| spot where the alteration took place, and
| found Andrews hat, and near it marks of
blood. Still he did not mention his sus-
! picon to any one, nor make any inquiries
concerning the missing man. 1t appears
that he was by nature exceedingly timid
and shrank from the responsibility of
charging man with SO serious a crime,
and from the publicity which the position
of prosecutor would compel him to as
| sumo.
The boat proceeded to Plattsburg, and
when Andrews relatives made inquiries
| for him the captain professed total ignor-
ance of his whereabouts, saying 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 river at
the identical place where Captain Wealth
night.
The body gave ample evidence Of having
net death by violence, as the skull was
crushed as by terrible blow from some
| heavy instrument. An investigation was
held, and a captain of vessel lying near
to Captain Weatherwax's, on the night in
question, recognized the body as that of a
man he had seen employed on Weather
| wax's boat. He further testified to hav.
ing heard quarrel on that night, ending
with scuffle and a blow, after which all
| was silent. The alter cation, he thought,
proceeded from Weatherwax's voice in the
quarrel.
OF course suspicion was at once directed
to Weatherwax, and as he could give nc
satisfactory explanation Of his Cousins dis
| appearance, he was arrested. The pre-
liminary examination lasted for nine days,
and produced great excitement, but re-
suited i'm his being remanded to Jail to take
| his trial at the next term of court for the
| crime of murder.
The Wea.herwaxes then became alarm
| ed. Few of them doubted his guilt-in-
deed nothing seemed more certain-but
| they were not willing that the name should
be disgraced by one of them dying at the
hands Of the haugman, so they contributed
| funds, employed able counsel, aud made
the best defense possible. Mr.. McMasters
then and now, we believe, leading lawyer
! of that city, was engaged to defend him.
| Mr.. McMasters examined the case, and
p though he had no doubt of his guilt he,
like a true lawyer, did his best for him.
Not daring to take bis trial on the merits
of the case, he succeeded in establishing
the non- jurisdiction of the court, and locat-
ing the crime in Canada. The criminal,
| for such everybody now believed him tC
he. was therefore set at liberty, when he
was threatened with violence if he did moi
leave the country. He refused, saying
that he was innocent and would not stil
until he was indicated.
While movement was being organized
tn mt the threats into execution, an Officer
arrived from Canada with requisition,
| and he was taken across the line for trial
The trial was among the most remark
able ever held in Canada. The ablest
counsel both of Canada and New York
were engaged for the prisoner, and By
postponing the trial for nearly year
spiriting away some of the most important
witnesses of the prosecution, and other in
qenious and questionable devices, they sue
ceeded in producing disagreement in ont
Jury, and finally brought about an acquit