The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-09-13
BMBITTERBD His BEST YEARS

ing me summer OF 1000, Oy NDal was gen
orally called the "Weatherwax murder.
The arrest, the legal controversy concering
jurisdiction, the final trial and the howl OF
dissatisfaction which followed the acQuittal,
are matters not easily forgotten by those
who then resided near the scene Oh the
tragedy.
The circumstances of the case were sub
stantiaHy as follows: Captain John g..
Weatherwax resided IN 1856 near the village
of Pittsburgh, \. Y. He was man Of
good character, one of a numerous family Of
the same name, the settlement being known
for miles around as the WeatherwaX Settle
mept CAPTAIN WeatheTwax was, at the
time Of W hich we write, about 80 years Of
age. and the owner of small craft which
piled on Lake Champlain, trading with New
York. Vermont and Canada towns along the
shore Of the lake.
The crew of this vessel consisted of him
self. his cousin Andrew WeatherwaX and
man named Walter Brown. In the latter
part of June, 1856, he left Plattsburgh with
q cargo for Canada and on the way back
stopped at Pike River landing on the
Canada shore, where he was 10 lake Oh
wood for Plattsburgh.
During the day, while the wood was De-
ing taken on board, sharp quarrel arose
cousin Andrew, and mutual threats were
INDUCED in. Ii was soon over, however,
bus as Andrew had become intoXi-
Gated he was rather mor0se during the en-
tire day.
So far. everything is plain and easily IN
derstood; out here the mystery begins, and
what follows is largely based upon the
statements of the third party, Walter
Brown. He states that after dark CHE
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 neither
of the parties. he icould hear distinctly all
that passed. The wordy war waXed hotter
and suddenly he heard a crash, as Of
blow crashing 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 10 the wounded
man, but fear restrained him and he awaited
the result In 8 few minutes the captain
came aft, but he was alone. Brown noticed
or thought he did, that he was pale and eX-
cited.
Nothing was said about the quarrel,
and the two men soon retired Brown,
however, could not baniSh from his mind
the impress on that a serious crime had
been committed. He rose early and Wis
tied the SPOT where the alteration had
taken place. and found Andrews hat. and
near 1t marks of blood. S-ill lie dld not
mention his suspicious to any one, nor
make any inquiries concerning the missing
man. Ii appears that he was by nature eX-
ceediugly timid, and shrank from the re-
spousibility of charging a man with so
serious a crime, and from the publicity
which the position II prosecutor would
cOmppl him 10 assume.
The boat proceeded to Plattsburgh, and
when Andrews relatives made Inquiries
for him, the captain protested total ignor-
ance Of his whereabouts, saving that he
had left him at Pike River, without nOtiica-
ton, 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 al
the Identical place where Captain Weather
waX's boat had been m00red on the fatal
night
The body gave ample evidence of having
met death by violence, as the skull was
crushed as By a terrible blow from some
heavy instrument. An investigation was
held, and the captain Of vessel lying near
70 Captain WeatherwaX5 on the night Ia
question recognized the body IS that of
man he had seen employed on Weather
wax's boat. He further testified to having
heard q quarrel on that night, ending " it'll
seuffie and a blow, after which all was
silent. The alteration, he thought. pro-
ceeded from WeatherweX's boat, and he
distinctly heard Weatherwax's voice in the
quarrel.
OF course suspicion was at once directed
20 WeatheTwaX. and as be could give no
satisfactory explanation Of his cousins dis
appearance he was arrested. The prelimi-
nary examination lasted for nine days, and
produced great excitement. but resulted in
his being remanded to jail TO take bis trial
flt.r a5vr rcr7 Of ~ fo- fho rif,1a rf
murder
The Weatherwaxes then beanie alarmed.
Few Of them doubted his guilt, indeed
nothing seemed more certain; but they
were not willing that the name should be
dlSgfaced by one Of them dying at the
hands Of the hangman, so they contributed
funds, employed able counsel and made
the defense possible. Mr.. McMasters, then,
and for many years afterward, leading
lawyer OF that county, was engaged TO de-
fend him. Mr.. McMasters examined the
case, and, though he had no doubt of his
guilt, he, like true lawyer. did his best for
him. Not daring TO take his trial on the
merits OF the case, he succeeded In estab-
fishing the non-iurisdictiun of the court,
and locating the crime in Canada.
EThe criminal, for such every body now
believed him to be, was therefore set ct
liberty, when be was threatened with
violence II he did not leave the country.
He refused, saying that he was innocent
and would not stir until he was indicated
While movement was being organized
TO put the threats into execution an officer
arrived from Canada with a reqUsition
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 a year,
spiriting away some Of the most important
witnesses of the prosecution and other
ingenious but questionable devices. thew
succeeded in producing a disagreement in
one jury and finally brought about an
scquittal, after eighteen months Of impTison-
ment.
The community felt greatly outraged by
the result, and the press teemed with de-
nunciaions 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 resculng
criminal from just fate, advised him to
flee the country, and under another name
strive by better life to repay society for
its tolerance In suffering him to live.
All such advice the wretched man un-
needed and returned to his old home, de-
elaring his purpose to remain there until
the cloud was lifted from his former good
name. But though saved from the gallows
be did not escape punishment. The brand
of Cain was upon him. Everybody be-
Bltu SuIl9s us Uiu 1lltUu5 hUu
neigh bors avoided him; he was pointed out
as a murderer and his supposed crime was
even booted in his ears many times as he
passed through the crowds In the public
streets.
Thus the unhappy man passed eleven
years OF his life, submitting quietly and
meekly tothe aspersi0ns cast upon him and
waiting patiently for his vindication. His
loss OF character had brought with it loss OF
property; business men summed him, the
better avenues Of trade and enterprise were
closed against him, and he became reduced
almost 10 beggary. But amid all these mis-.
fortunes he was still hopeful.
Thus matters stood until the early part oil
October, 1867, when man clothed in the
gsrb of sailor made his appearance In the
village of Pittsburgh and inquired for
CAPTAIN John Weatherwax.
The latter was just then entering the post
Office, where considerable crowd had col
lected waiting the distribution of the mail
and was pointed out to the inquirinI
stranger.