The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1893-08-02

Ing scenes that were to be witnessed in
San Francisco during the days of the
gold fever" one of the most extraor-
binary Of these dramas was one in which
an innocent man narrowly escaped
hanging simply because he resembled a
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 Wildred, bringing the product of
some months of labor in the gold fields
They had very little business to transact
in town, and two days later they made
for the wharves to board a Sacramento
river steamer. They had hardly stepped
on board, however when they found
themselves arrested and landed in Jail
On the very day they had landed in
town, says the Philadelphia Times,
Charles Janson, proprietor of a large
dry goods house on Montgomery street,
was found in his counting-room bleeding
and senseless beside his riied safe. At
his residence he rallied enough to make
a statement describing the men who
attacked him, and it was on the strength
of this description that the men were
arrested.
At that time murders and robberies
were frequent in San Francisco, and it
was known that a gang Of escaped
Australian convicts was burrowed
among the sandhiIls of the neighbor-
hood, and most of these crimes were at
tributed to them. Hence the prejudice
against Australians, who were popular
" known as Sydney Ducks" was very
strong. and many of them had been
warned to leave the locality. This par
ticular gang was led by one James Stu
art, a desperate scOundrel, whose name
was a terror throughout the state. Many
crimes had been fixed on him, among
others the murder Of the sheriff of Yuba
county, but so far he had escaped both
the regular police and the vigilance com
r1ittee. The prisoners, of course. being
comparative strangers, knew little Of
this.
Early on the morning after arrest
they were confronted with Janson, who
was supposed to be dying. He declared
positively that Berdue was the man who
had felled him with a bar of iron. About
Wilfred he was not so positive, but he
had few doubts.
their innocence, were removed to the
examining magistrates office on the
plaza in the "Old Adobe" building. But
Berdue's courage failed him when he
found the warrant, giving his name as
James Stuart, alias Berdue" described
exactly. Then followed half a dozen
witnesses who swOre positively to his
identity with Stuart. One in particular
swore that he had lived for months in
the same camp with Berdue; knew him
well, and that he had always gone by
the name of "Jim Stuart" of course
this, with Janson's recognition, was
enough. and they were promptly sent to
the recorder. whose office il was, after
more examination, to commit them for
trial. To escape the crowd they were
removed by a back door and driven rap
idly in a close carriage by the side
streets to the court house.
But the excited thousands surged
through .Kearney-st and reached the
court house Immediately after them, and
learning that the prisoners were within,
a fierce rush was made for the door.
The railing within which they sat was
broken down in an instant, and a dozen
men leaped toward them.
But it happened that an adjoining
room was used for a drill room by a
volunteer company Of soldiers, and part
of them were drilling at that moment.
A happy thought struck the recorder.
He opened the door between the rooms.
and in a second twenty of the volunteers
poured through ii with fixed bayOnets.
They charged the crowd, who fled like
sheep; the room was cleared in a
moment. and the prisoners we're hustled,
more dead than alive, into cells in Tire
basement
All that afternoon and evening thou
sands of people surrounded the building,
shouting for the prisoners. demanding
that they should be brought forth and
executed instantly. Excited orators
harangued the mob and many proposed
an 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
cut TO some extent, and during the fight
it was arranged that on the following
? CHI h 70
the citizens-nOt TO be executed imme-
diately. but to be tried by lynch court.
The court was composed Of two lawyers
and three merchants, all prominent men.
Competent counsel were selected for the
people and for the prisoners, and at 3
o'clock on Saturday 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 a few calm words and pro-
duced his evidence, which was much the
same as on the day before.
Jansen was brought in in spite of his
weak condition, and swOre positively TO
Berdue. almost as positively to Mildred
witnesses again testified positively to
Berdues identity with Jim Stuart. No
witnesses were found for the prisoners
and no evidence given; the constables
who had been sent in search of men
named by them returned without them.
Probably they feared TO be compromised
by testifying for such unpopular men,
and left the city TO avoid it. little
more evidence was produced, and then
the closing speeches were made to the
Jury. The prisoners counsel made a
strong appeal for mercy for time to in
vestigate the matter, and was rOundly
applauded on closing, and the jury, be-
ing 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
outside it was received by a frightful
roar Of Hang themi hang Them A
speech from the presiding judge Gained
them somewhat, and when the jury
again stated that they could not agree
the court consulted a 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 a true bill''
and two weeks afterward Berdue and
Wildred were tried by the criminal court.
The evidence given upon the lynch trial
was reproduced. The trial lasted but "a
the crime charged in the Indictment
in the penitentiary.
WiIdred was Immediately taken there,
but for Berdue a requisition was in
waiting, demanding him for trial in
Yuba county as Jim Stuart, the muir
derer Of the sheriff. That night he was
taken to Marysville. where the grand
ittrv had already found ar Indictment