Year: 1861




,Reminisc sc enses of Early Times I'm the


Region of Fosters Bar.


The witness alluded to was named NAL
comson, an Irishman by birth and packer
by occupation" He was engaged in packing
goods from Marysville to Downieville He
testified that on the night preceding the
murder, he camped with his train only
few yards distant from the spot where Moore
fell that he arose early in the morning and
found two of his mules missing-one gray
and the other a black that the atmosphere
was quite hazy, and the sun not yet up; that
he looked around for his missing mules near
the camp, and, not finding them, walked
down the road towards Dobbins' house look
ing for them that not finding them, he
returned to his camp and ate his breakfast;
that by this time the sun was up, and the
daziness of the atmosphere dispeled that
in looking around, he saw, to the north of
the road, about two hundred yards distant,
two animals, one gray and one black:
which be supposed were his; that he went
to them and discovered they were horses
and not mules, and that there was another
horse, a sorrel, there also. Seeing these
animals picketed out, excited his wonder, and
he glanced around for the owners; that he
soon discovered, in sort of brush house,
three men, two of whom appeared to be
asleep, while the third was sitting in the
doorway watching the movements OF the
witness; that he went up to this man and
asked him whether he had seen any stray
mules that morning. On receiving an an
swer ia the negative, he asked the stranger
what he was doing there. He replied, "hunt-
ing stray animals" Malcomson also testified
that he then returned to his camp, saddled
up one of his mules and rode down the road
towards Marysville, passing Dobbins' Ranch.
Not finding or hearing of his mules, he re-
turned to his camp; that when within few
hundred yards of the spot, with his vision
obstructed by small intervening hill, he
heard gun-shot in the direction of his
camp. He rode slowly until he got to the
top of the hill, and then looked around to
discover from whence the report came, but
SAW no one He then descended to the fiat
where his camp was situated, and as he ap-
preached it, he saw three men coming from
the right hand or south side of the road,
cross it, and pass towards the brush house
where he had seen the animals and men at
an earlier hour of the morning. He gave
an accurate description of the men said
one had double -barreled shotgun on his
shoulder, and another pair of saddle-bags,
which appeared to be weighty, and that the
men came from the direction of the ravine
in which Moore's body had been found. He
closed his statement by saying that he did
not know Jim Stewart, never having seen
him in his life; did not know whether the
prisoner was Stewart or not; but this he did
know, that the man who talked with him at
the brush house and the one before him,
were one and the same person and that the
prisoner was that man ; he could not be
mistaken in his identity.


A lengthy cross-examination followed,
without in the least vitiating Malcomson' s
testimony; and soon after the examination
closed.


In summing up, the Justice said, among
other things, that he was not called upon to
decide whether the prisoner before him was
or was not James Stewart; that if his guilt
or innocence depended upon his identity as
Stewart, he should feel it his duty to dis
charge him that although numerous wit
nesses had testified and identified the prison
er as Stewart, he (the Justice) felt sure they
were mistaken. But, said he, am not called
upon to decide that point. / am sitting here
as an examining magistrate, to determine
whether there is sufficient evidence to war
rant me in holding the defendant to answer
to higher court for the crime OF murder.
This is the question for me to determine,
and however much / may feel disposed to
believe the prisoner innocent, duty, as we'll
as my oath of Office, compel me to decide in
accordance with the evidence. Therefore,
taking the testimony of Mr.. Wilson and Mr..
Rawley both of whom swear they never saw
Jim Stewart, but that the prisoner is the
identical man whom they saw at the Ranch
buying provisions, powder, shot, etc., a few
days before the murder, and the testimony
of Malcomson, who swears positively to the
identify of the prisoner as the man he saw
near the scene of the murder on the morn
ing of its occurrence, he must commit the
sprisoner to the Jail of Yuba county to await
gnis trial for the murder of Moore.


"A commitment was Immediately made out
and handed to deputy Sheriff Olds, and on
&he following morning he and companion,
with their prisoner in charge, left for Marys.
willie. Burdue was locked up in the old log
>iail, part of the time in irons, and remained
sthere about two months, before his trial in
the District Court.


NV next will contain an account of his
trial and conviction, the arrest of Jim Stew
art at San Francisco, his execution by the
Vigilance Committee, the examination of his
body by the Fosters Bar Justice, the discov-
cries made, the action of the District Court
of Yuba county in relation to Burdue, and
his discharge from prison.


ITO be continued.


-~e