St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-07-03
A Very Strange and Thrilling
Story Of Early California
Days.
Everything in Readiness for
the Execution Of an limo
cent Man.
He Escaped Through One of
Those Miraculous Incl
dents.
San Francisco Chronicle.


gold fever" one of the most extraor-
binary Of these dramas was one in
which all innocent man narrowly es
capped hanging, simply because he re-
sembled guilty one.
In the early spring of 1851 there land
ed in San Francisco a man calling him
self Thomas Berdue, with his ''chum,"
10 Mildred, bringing the product of
some months OF labor in the gold fields.
They had very little business to trans
act in town, and two days later they
made for the whalves to board Sacra-
mento river steamer. They had hardly
stepped OH board. when they found
themselves arrested and landed in Jail.
On the very day they had landed in
town, says the Philadelphia Times,
Charles Jansen, proprietor of a large
dry goods house OH Montgomery street,
was found in his cOunting-room bleeding
and senSeleSS beside his rifled safe. At
his residence he rallied enough 10 make
statement regarding the men who at
tackled him, and it was on the strength
of this description that the men were
arrested.
At that time robberies and murders
were frequent in San Francisco, and it
escaped Australian convictS was bur
rowed among the sandhills of the neigh
borhood, and most of these crimes were
attributed to them. Hence the preju-
dice against Australians, who were popu-
larly known as Sydney Ducks" was
very strong, and many of them had
been warned to leave the locality. This
particular gang was led by one James
Stuart, a desperate Scoundrel. whose
name was terror throughout the state.
Many crimes had been fixed ON him,
among others the murder OF the sheriff
of1uba county, but so far he had eS-
capped both the regular police and the
vigilance committee. The prisoners, of
course, being comparative strangers,
knew little of this.
Early on the morning after arrest
they were confronted with Jansen, who
was supposed to be dying. He declared
positively tina. Berdue was the man
who had felled him with bar of
iron. About Mildred he was not so
positive, but he had few doubts.
The prisoners, confidently asserting
their l1nCc ence, were removed to the
examining magistrates office on the
blaZa. in the ''Old Adobe" building.
But Berdue's courage failed him when
he found the warrant gIving.his name
as ''JameS Stuart, alias 3 erdue" de-
Scrlbed him exactly. Then followed
half dozen witnesses, who Swore posi-
lively to his Identity with Stuart. One
i'll particular Swore that he had lived for
months i'll the same camp with Berdue;
knew him well, and that he had always;
gone by the name of Jim Stuart"
Of course this, with JanSen's recog-
milton, was enough, and they were
promptly sent TO the recorder, whose
Office it was, after more examination, to
commit them for trial. To escape the
crowd they we're removed by a back
door and driven rapidly in closed car
rage by the side streets to the court
house.
But the excited thousands surged
through kearney street and reached the
court house Immediately after them,
and, learning that the prisoners were
within, fierce rush was made for the
door, The railing. within which thew
sat, was broken down in an instant and
dozen men leaped toward them.
But it happened that an adjoining
room was used for drill room by
volunteer company of soldiers, and
part of them were drilling at that mo-
ment. A happy thought struck the re-
corder. He opened the door between
the rooms, ami in a second twenty of
the volunteers poured through it with
fixed bayonets. They charged the
crowd, who fled like sheep; the room
was cleared in moment, and the pris-
oners were hustled, more dead than
alive, into cells In the basement.
All that afternoon and evening thou
sands of people surrounded the build
ing. shouting for the prisoners, demand
ing that they should be brought forth
and executed Instantly. Excited orators
haIangued the mob and many proposed
all attack on the Jail, but within the Jail
were fifty men with bayonets and loaded
muSketS, and the attack was not made.
By degrees the excitement wore itself
out to some extent, and during the night
it was arranged that on the following
day the prisoners should be given I'D 10
the citiZens-nOt to be executed imme-
diately, but to be tried by lynch court.
The court was composed of two law
yerS and three merchants, all prominent
men. Competent counsel were selected
for the people and for the prisoners, and
at O'Clock on Sunday afternoon the
court opened. In an involuntary glance
around the prisoners saw little ground
for hope written on that sea of faces.
The prosecuting attorney opened the |
case with few calm words and pro-
,dnced his evidence. which was much |
the same as on the Gay before.
Jansen was brought in in spite of his |
weak condition, and swore positively !
to Berdue. almost as positively to Will |
dred; witnesses again testified posi- |
lively to Berdue's identity with Jim |
Stuart. No witnesses were found for |
the prisoners and no evidence given: |
the constable who had been sent in |
search of men banned by them returned |
without them. Probably they feared to |
be compromised by teStifying for such |
unpopular men, and left the city to |
avoid Ii. A little more evidence was |
produced, and then the closing speeches |
were made TO the jury. The prisoners |
counsel made strong appeal for |
mercy. for time to investigate the mat |
ter, and was roundly applauded on |
closing, and the jury, being charged, |
retired.
A little past midnight the jury sent In
word that they could not agree. A ray |
OF hope dawned upon the prisoners, but |
when the news reached the crowd out
side it was received by a frightrul roar |
OF "Hang them. hang theml" A speech |
from the presiding judge Gained them !
somewhat, and when the jury again |
stated that they could not agree the |
court consulted moment. Then the |
citizen guard was ordered to return the |
prisoners to their cells, and the court |
adjourned to meet at the call of the |
president.
The grand jury was then in session.
The next day they found '.true BILL" |
and two weeks .afterward Berdue and |
Mildred were tried in the criminal |
court. The evidence given upon the
lynch trial was reproduced. The trial |
lasted but few hours; they were both
convicted of the crime charged in the
MISUNDERSTANDING sentenced to
fourteen years i'll The penitentiary.
Mildred was immediately taken there;
but for Berdue requsition was in
waiting, demanding him for trial in
1uba county as Jim Stuart, the mul-
derer OF the sheriff. That night he was
taken to Marysville, where the grand
jury had already found an Indictment
against him for murder. A few DAYS
later he was tried as Jim Stuart; sworn
to as Jim Stuart by at least dozen wit
neSaes: nAuvicfad Lin St,,art