Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1896-04-10
The Story Telter.
CIRCUMSTANTIAL EVIDENCE.
A Fragment of California History.

A Fragment of California History
The annals of jurisprudence are
marked by many strange cases o1
circumstantial evidence. Many man
has passed out of the world and many
a one gone unwhipped of justice on
what was considered "reliable author
ity !" but which has afterward proved
the reverse-a combination of causes
producing chain of evidence suppos.
ed to be irrefutable. We ourselves
have seen pregnant illustrations of the
unreliability of evidence based on
circumstances-ar remarkable instance
of which was shown in the case Of
Berdu, man accused of an assault on
Jansen, a merchant of San Francisco
in the year 1851. The facts of the
case are as follows:
Jansen kept store on Montgomery
street near Washington, close by the
edge of the once famous cove of Yerba
Buena. One evening two men enter.
ed, and asked to look at some blan.
kets. They were ill-looking men,
dressed as miners, and armed in the
'warlike fashion of the times. Some.
thing in their manner excited the
suspicious of Jansen, who observed
them closely. He proceeded to obtain
the blankets. While STOPPING for this
purpose, one of the menreached across
the counter and grasped the till. As
he did so, Jansen noticed his hand. 1t
was a hand few could forget after
having once seen it. The middle
finger was encircled with a ring drawn
in India ink, while the first joint of the
forefinger was broken, or rather twist
ed, giving the finger peculiar appear
ance.
Jansen had scarce time to notice
these things when he was struck with
slung-shot. He fell, and remember
ed no more. The ruffians then broke
open the safe, and adding this to what
they found in the till, departed. Jan.
sen was found late in the evening lying
on the floor almost dead. He was i'm
mediately placed under the care of a
physician, but several months passed
before he was able to quit his bed.
In the meantime the citizens organ
lied, and, forming themselves into a
"Committee of Vigilance. employed
every exertion to discover the perpe-
traitors. Their effort met with no
success, and the impression became
general that the guilty parties had fed
the country. But, while the pursuit
was being relaxed message was sent
to Samuel Brannan, who in coniunc-
ton with William T. Coleman, formed
the direct head of the committee, that a
man answering Jansen's description of
one of his assailants was ranching IN a
shanty on the northern side of Tele-
graph Hill. M
Measures were at once taken to ar
rest this man. An armed detachment
of the committee proceeded to his hut,
where they found him cooking his sup
per. He was terribly surprised, and
vehemently protested his innocence.
But his appeals availed nothing. He
was carried to the rooms of the COM
mittee on Battery street, and securely
imprisoned. -.
The next day he was examined.
He gave his name as Berdu, said he
was born in England, and seafaring
man by occupation. This was all that
could be learned of his history. His
life had doubtless been marked with
crime. His appearance was against
him. His face was sinister, and, a
malignant soul looked out of his blue,
restless eyes. ..a
This man was confronted by Jansen.
The latter was still suffering from, his
injuries; but at once identified the
man as the one by whom he was
assailed. Of this there could be- no
doubt. Besides an exact personal
similarity, the man had an India-ink
ring on his middle finger; the knuckle
of his forefnger was also broken or
rather twisted similar to that describ-
ed. Such evidences could not be
doubted. 1t was impossible two men
could be similarly marked. Despite
the frantic prostestations of the pris-
oner, it seemed downright infidelity to
question such incontestible evidence.
Berdu was accordingly pronounced
guilty, remanded to his cell, and told
to prepare for death. His execution
was set for the following Sunday, on
the Plaza.
The day came. He was brought
out, and preparations were made to
hang him. But certain members of
the city government interposed. They
had doubts of his guilt, and implored
the committee to respect the law,
promising the prisoner should be well
guarded, tried fairly, and hanged if
found guilty. Merciful counsels Of
ten prevail when warmly urged. These
pleas succeeded. The hot, angry null
titude reluctantly yielded. Berdu
was turned over to the authorities, and
lodged in the county Jail. His advo-
Gates, among whom Calhoun Benham,
General John E. Addison, county
clerk Colonel Jack Hays, sheriff !;
Malachi Fallon, city marshal; anc
Levi Parsons, were conspicuous, still
stood his friends.