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It related in heavy blackfaced type the arrest of "two scoundrelly assassins," one of whom, James Stuart, a notorious "Sydney Duck," was wanted in Auburn for the murder of Sheriff Moore. This was the man identified by Jansen. He claimed mistaken identity, however, insisting that his name was Thomas Berdue. "They'll let him go on that ridiculous plea, no doubt," remarked Brannan, wrathfully.
Presently three men came hurrying up and with difficulty made their way into the court room. "Good God! Are we too late?" the leader of the trio asked, excitedly. He was the waterfront merchant who had recognized Berdue. "Too late for the trial," returned Coleman; "it's over; the jury's dismissed. Disagreed." "And what are they doing outside?" cried the other, "are they hanging the prisoners?"
A man came running toward them from the bay. "They've captured James Stuart," he shouted. "Bludgeoned a captain on his ship but the man's wife held on to him and yelled till rescue came." "But Stuart's in the Auburn jail, awaiting execution for the murder of the sheriff," Coleman said bewildered. "No," cried the man, "this is the real one. The other's Tom Berdue, his double."
I say it's terrible...." "Judge" Spence removed his eyeglasses and wiped them nervously; "does anyone in the courtroom recognize this man as Thomas Berdue?" There was silence. Then a hand rose. "I do," said the voice of a waterfront merchant. "I've done business with him under that name." Immediately there was an uproar. "A confederate," cried voices. "Put him out."
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