The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-05-18
MISTAKEN IDENTITY.


PORTSMOUTH, N. H., May 6.-The hanging
OF Phar, in Vermont recently. and the previous
discussion concerning his Identification, recalls
to the mind of Sheriff. J. Horace Kent OF this city
n remarkable case Of mistaken Identification
that came under his personal observation when
he was in California many years ngo. In 1851,
he says. the store Of Jansen. Bond X Co.. In
Montgomery street San Francisco. was robbed
and Mr.. Jansen was assaulted with slungshot.
Soon afterward man known as Thomas Ber-
don was arrested. taken TO the bedside OF Mr.
Jansen. who was supposed to be dying, and
recognized by him as his assailant Suisse
auenty another man was taken with Borden to
Mr.. Jansen's bedside. but Borden was recog
nized unhcsitatingly as the criminal. Borden
was tried. Tho jury failed to agree. whereupon
tho citzers assembled to hang him. but were
restrained. In the mean time Borden was recog-
nizcd as the murderer OF Sheriff Moore Of Placer
County. and he was taken there. tried convicted
and sentenced to death.
Although known as Borden. the prisoner WIS
supposed 10 be james Stuart. n convict WHO
escaped from the penal colony OF Australia, ana
miners who had worked with stuart asserted
positively TINT Borden was stuart, and there
WIS not apparently any doubt in the mlnds pt
others hut Borden protested and solemnly
affirmed that his name was not Stuart The
miners said that Borden had peculiar marks of
Identification. and that they were not likely TO
be deceived or mistaken. Borden was tall, in.
clned to stOOp. and ne nad U long, pOlntru, ana
remarkably black beard and fine, wlvy. brown
hair falling below his collar. Other peculinri-
ties were TINT be had lost one joint OF one OF his
fingers, had little slit in ono Of his ears, md
n scar over his left eyebrow. His eyes were
black and glterng. his nose was aqullinc, ana
he had defiant way of raising his head and
looking around him and walking with long,
measured stride.
While Borden was awaiting HIS sentence Of
DEATH four months after his assault on Mr..
Jansen. the Captain Of an English merchant
ship in san Francisco hnrbor WAS felled with
slung shot one night in his cabin. Tho Cup
taip's VITO grappled the nssnilant before no
could stenl anything. and her screams brought
assistance. The would-be murderer was deliv
cred into the hands OF the Vigilance Committee.
then in session In Battery street near 10y. Ho
was not held long before il was Hscertnined that
he was Stuart. the real murderer OF Sheriff.
Moore and the assailant OF Mr.. Jansen, a fact
that WIS hardly believed.
When Borden. who was innocent OF all that he
had been accused OF. was placed beside the Aus
trnlHn convict. the resemblance WINS wonderful.
Each had lost IN sggg i0ipii tdch had slit IN
the left ear; the same-shapcd scar over the left
eyebrow; the same popularity OF gait, tho
aquiline nose. the black hair. the lifted head and
the long. pointed hlnck beard. and long, wavy
brown hair. After being tried and found guilty
hanged. Subsequently Stuar; made n full con-
fcssion, which implicated others. About
month afterward Stuart was marchnd along
Battery street TO Market street wharf. where
stood derrick used for hosting gravel. The
rope was placed about Stuarts neck and hum
dreds Of hands pulled the end that extended up
the wharf