The Vancouver independent. (Vancouver, W.T. [Wash.]) 1875-1910, 1877-03-02

4 REMARKABLE CASE OF CIRCUMsTANTIAL
EVIDENCE.


York. He was a man of good character,
one of numerous family of the same
name, the settlement being known for
miles around as the Weatherwax settle
ment.
Captain Weatherwax lived near the
village of Plattsburg, New York. He
was the owner of q small craft which
piled on Lake Champlain, trading with
New York, Vermont, and Canada towns
along the shores CT the lake. The crew
Of this vessel consisted of himself, his
cousin Andrew Weatherwax, and one
Walter Brown.
In the latter part of June, 1856, he
left Plattsburg, with cargo for Cana
da, and, on the way back, stopped at
Pike River landing, on the Canadian
shore, where he was to take in a 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 An
drew, 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
understood. But here the mystery be-
gins.
What follows is largely based upon
the statements of the third party, Wal
ter Brown. He stated 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 quar-
rel of the day. It steadily increased in
violence. Threats were exchanged, and,
though he could see neither of the par
ties, he could hear distinctly all that
passed. Suddenly he heard a crash, as
of blow crushing through skull and
brain, succeeded by heavy fall Then
all was still. He listened with bated
breath. 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 moments 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, however, could not Danish
from his mind the impression that Sc
rious 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 make any in
quiries concerning the missing man.
1t appears that by nature he was exceed
ingly timid, and shrank from the respon-
sibility of charging a man with so seri-
Gus crime.
The boat proceeded to Plattsburg,
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,
and gone he knew not whittier. Matters
rested in this condition until eight Oh
ten days after the occurrence, when a
body was taken from the river at the
Identical place where Captain Weather
waxs boat had been moored on the fatal
night The skull was crushed as by q
terrible blow from some heavy instru-
ment. An investigation was held, and
a captain of vessel lying near to Cap
tain Weatherwax's on the night in ques-
ton, recognized the body as that of q
man he had seen employed on Weather
wax's boat. He further testified to hay
ing heard quarrel on that night, end
ing with a scuffie and blow, after
which all was silent. He distinctly
heard Weatherwax' voice in the quar-
rel.
OF course suspicion was at once di-
rected to Weatherwax, and as he could
give no satisfactory explanation of his
cousins disappearance, he was arrested,
and Iemanded to Jail to take his tri.l
for the crime or murder. Few of them
doubted his guilt, indeed, nothing
seemed more certain. But they were
not willing that the name should be
aisgraced by one of them dying at the
hands of the hangman, so they en-
ployed able counsel, and made the best
defense possible.
Mr.. McMasters was engaged to defend
him. He examined the case, and
though he had no doubt of his clients
guilt, he did his best for him. Not
daring to take his trial on the merits of
the case, he succeeded in establishing
the non-jurisdiction of the court, and
locating the crime in Canada.
The criminal-for such everybody
now believed him to be-was therefore
set at liberty, when he was threatened
with violence if he did not leave the
country. He refused, saying he was in
nocent. An officer arrived from Cana
da, with requisition, and he was taken
across the line for trial.
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 witneaees of the