The Arizona sentinel., 1879-05-31
ARIZONA SENTINEL.
Mistaken Identity.

u
xecution of Pnair in Vermont, concern.
ny which there is some discussion as Ia
he Identification of the unfortunate inGl-
.idual, recalls to mind a remarkable case
f mistaken identity in California, in the
early days OF that state. which came under
The personal observation of Sheriff j. Hor-
ace Kent of Rockingham county, to whom
N- are indebted for the particulars thereof
In February, 1851, the store of Jansen,
Bod Il Co., on Montgomery street, S:n
Francisco, was robbed, and MIR. Jansen
was uur lrrously assaulted A man 10y
he name of Thomas Berdue was arrested
tor the crime and taken To tn; bedside Of
,ir. Jansen, who WIS supposed 10 tee H.
articulo morris, and recognized by him as
the man who made the assault. Ano:he'
individual WAS taken with Beldu to the
bedside, but The injured man unEesita
tingly identified Berdue Us the criminal.
The prisoner was speedily tried for the
crime. and the jury failed 10 agree, where
unon the citizens assembled To hang him,
but were restrained by calmer coun.el. In
the meantime, Be- due had also been rec.
ogniZed rs the murderer and rohber OF
the sheriff OF Placer county, Tom Moore
OF Auburn; WAS taken there, tried, con
|
time the man Berdue was supposed to be
one James Stuart, convict from the penal
colony of Australia, and men who had
known Stuart in that country, and also
worked with him in the mines OF Califur-
MIA, swore positively that it was James
Stuart, and it did not appear that there
was the slightest doubt in the matter, not
withdrawing the protestatlons OF the ac-
cused, and claim that his name was no.
Stuart. but Bcrdue. There were peculiar
marks Of identity by which the witnesses
were not likely to be deceived or mistaken.
He WAS tall, inclined to stoop, beard long,
pointed and remarkably black: hair OF Il
rich brown, fine and wavy, and reaching
below his collar He had lost one joint
from one Of his fingers, had little slit In
one of his cars, and u scar over the left
? eyebrow; had black, glittering eye
aquiline nose, defiant way OF raising his
head and looking around him; marked
regularity in his gait, n long measured
step, or. more properly speaking, stride,
, like person pacing the measurement OF
ground. While Berdue, supposed to be
Stuart. was awaiting his sentence OF death
for the murder of Sheriff Moore, III the
month of June following the assault on
Mr.. Jansen in February, the captain of an
English merchant ship lying in the bar.
Dor of San Francisco was one night felled
j. by "rlung shot" in his CABIN, the same
weapon used upon Mr.. Jansen. The wife
of the captain grappled with the would be
murderer before he could turn from his
victim to robbery, her screams bringing
prompt assistance. Snd the immediate de.
livery into the hands of the vigilance com.
u mittee (then in session on Battery street
near by), of the assassin. He had not
been in the power of the committee but a
short time before il was ascertained that
this man was the real Stuart-the real
= murderer of sheriff Moore and the robber
of Jansen-a fact that the people could
hardly realize, fully believing that he had
already been tried and condemned t.
death. When Brrdue, who was innocent
Of all that he had been accused WAS placed
beside the Australian convict and muir
derer, the resemblance was something
OF more than wonderful; it was awful! Each
had lost the joint from the same ringer
each had the slit In the left ear: the same
shaped scar over the left eyebrow; the
-, same peculiarly Of gait; the aGuillne
nose; the black, piercing eve: the Lifted
head; the same ststlrc; exact com plexior
h and the same long, black pointed beard
and long, wayy hair. The wonder and
'h astonIshment of all present were some
thing that could not be easily forgotten
After being regularly tried and found
guilty by the committee, the real jaime.
= Stuart was sentenced TO be hanged Sub
seQuently he made full confessions of hi
crimes, and acknowledged the justice o
his punish ment, his life having been on
continued tissue of crimes. His confes
sion wac published, and implicated oh
49, srs. On the 11th of July Stuart Wa
, marched from the committee rooms as il
funeral procession along B ttery street t
J Market street wharf, down which the
proceeded to derrick used for hoistin
goods ont of lighters. The fatal noos
- Was placed about his neck and the eel
ON dcmned man was suddenly pulled up b
hundreds of hands grasping the rope th'
led up the wharf. Thus was an lnuocer
J. mans life saved and justice meted out
a..f hat T. r.