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Leschi's Trial Transcript |
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View the full scanned transcript, with notes. (Warning: Large Image, 300KB) IN THE DISTRICT COURT FOR THE SECOND JUDICIAL DISTRICT, TERRITORY OF WASHINGTON vs LESCHI - (an Indian) BE IT REMEMBERED on the trial of this cause, at the March Term 1857 of said District Court, the said Plaintiff to maintain the issue upon said Indictment, gave in evidence to the jury, the following, that is to say; Antonio B. Rabbeson, produced, sworn and examined, says - In latter part of October 1855, with Bright, Tidd, Moses and others, left Maloney's Camp. In Connell's Prairie met party of Indians - had a long conversation with them, was several minutes talking with them. Among them were several that I knew personally. None that I knew the names of at the time. After we left Connell's Prairie came on three fourths of a mile to a mile, struck a swamp. After we had got into the swamp. 4 were in the swamp some 150 yards. 3 of us near the edge of the swamp, when we received a volley. When the firing commenced I looked behind me to see if any one was killed. I discovered Mr. Miles off his horse. I rode back to assist Mr. Miles, and assisted him across the swamp out of gun shot. While I was assisting Mr. Miles, holding his horse, three Indians stepped out, two out of the three fired. I then rode on three or four miles, overtook the balance of my company, and there found Mr. Moses. He was wounded, and I believe was dying at the time. Mr. Moses was left some 100 or 150 yards off of the road on the far edge of Finell's (?) Prairie. I did not see Mr. Moses after, till he was brought in Dead. I saw a wound somewhere about left breast. He told me at the time that he was shot through the back. Mr. Moses did not tell me when he received the wound. Mr. M. was aware he was dying. I dont [sic] know how long I was in hiding from swamp to where overtook Moses. Rode fast, was left alone. Mr. Moses was 100 to 150 yds. ahead of me when volley was fired in the swamp. I took one of the Indians who came out, to be Quiemuth, the other Leschi, prisoner at the bar, third did not know. Leschi was one that fired, and fired towards me. I had been more or less acquainted with him for ten years, had seen him very frequently before that time. In Connell's Prairie we saw a party of Indians among them Leschi and asked how Connells [sic] house was burned. He said he supposed the house of Connell was burned by accident. Asked who (?) everyone in the bottom. (This is almost illegible) He said from Boston. Were living at Lemmons Bottom, men who had claims there, Leschi was friendly. Where we met the Indians some 3/4 mile from the swamp, there is more than one route by which the swamp can be reached, the wagon road is 3/4 of a mile and the (illegible) 2 or 400 yards. We traveled the road. It was a large party of Indians we met on the Prairie left Leschi on the prairie. This swamp is in Pierce County. It was either the 30th or 31st October 1855 this happened. The three Indian [sic] who were in the swamp were from 30 to 50 feet distant. So close that they didn't think it worth while to take sight. Quite a number of guns fired after that. Some on high ground. Heard no guns except around there. Knew Abram Benton Moses. Several days after I left him saw his corpse. Left him 100 yards from the road in the prairie. From the place where I met the Indians on the prairie they would have to travel 100 yards to get to the mail. I believe the prisoner at the bar is the Indian I saw fire the gun. It was a short time after the first volley to the time Indian stepped out and fired the first gun. Cross ExaminationA. B. Moses, Miles, Tidd, Bradley, Bright, Burns were the six with me, seven altogether. Capt. Maloney is a W. I. Officer. There was more than one company under his command. Capt. Hays was under his command. We left them on Nah-Chess on the other side of mountains. Tidd & Bradley were express men. The co (Illegible) and was about to return. Cannot say why. I belonged to Capt. Hays' Company. We saw Indians on Connells Prairie 1/4 to 1/2 mile off in coming up. We were sky-larking and hurraing, the man on the best horse got first to them. Dr. Burns said he was going to shoot Leschi. Burns called him by the name Leschi. I told him not to do it. I dont [sic] know what Indian he calculated on shooting for Leschi. One of the Indians we talked with came from near the house. Connells that was inside did not know him. I don't recollect seeing but one painted Indian on Prairie. Have known Leschi ten years. Leschi was one of the Indians we talked with. He stated these men lived on Lemmons Bottom. Was asked why he & Indians was there. Said ranging (?) to winter stock. Leschi has been around my house often. Lived often round Glasgow. Been at my house to sell meat. Several Indians I know as well has lived within 6 or 7 miles. (?) did not often camp in my prairie. I did not know his name. For the ten years called him Old Man and Stout. (or Staub.) (?) I was a witness on Winyea's trial. Did speak of his hat and coat. Did not speak of his having a scar on his forehead. Was asked if Winyea was there, spoke of the Indian with scar. On my return at Dr. (?) I described him, the Indian's clothes that I saw. Dr. Johnice (orTolmice) saw from my description of the clothes that it was Leschi, as he had saw his clothes. But he had not such a hat. Afterwards I went to inquire about the hat of some of his people. Saw Leschi had such a hat as they told him. It was 1/4 mile from this end of prairie. I went through this trial since it may be more than I have said but I am confident of it. Others of our party some three or four talked with the Indians. I think Tidd talked. Dont [sic] know what Indian first spoke to. Somewheres near the house. Leschi not with the party when we first come up. Can't tell what colored horse he was on. Cannot tell how many mounted Indians there. Some squaws mounted. Only two of the Indians talking with me mounted. I think Burns reached the Indians first, cannot say who next. Some little time after we got there he talked of Indian shooting. Burns took gun out of Indian's hand, and poured the powder out of the pan, then spoke about shooting Indian. Capt. Maloney was moving against the Yakimas . On the 22nd day of October, we started from Steilacoom. Indians do gamble and sell their clothes constantly. Charles H. Mason produced, sworn and examined. Says that he knew the prisoner in the Fall of 1855. Sometime in the month of October of that year certain reports about Leschi came to me. After Capt. Hays marched I sent a messenger for Leschi he was in my office on 22nd day of October. I considered him from his conduct before friendly. We told him of the reports. He promised to camp in town and thanked us. He left on the 24th October. Capt. Eaton's Company was sent to look for him, as he did not come in. Capt. Eaton commanded a Company of Rangers. Were raised perhaps a week before. These scouts were raised to watch those trails over the mountains. Had known Leschi personally for two years, though not by his name until some time that fall. First knew his name when I met him in a Buggy with Dr. Johnice (?). And here the Plaintiff rested. And thereupon the said Leschi defendant, to maintain the said issue on his part, gave in evidence to the jury, as follows, that is to say: Andrew J. Bradley produced, sworn and examined, says. Knows Leschi well. Became acquainted with him in fall, 1854. Saw the party of Indians on Connell's Prairie, coming back from Maloney's Camp as we rode up the men run into the bush. Women could not get away. We called the men to come out. Two or three came out. The first Indian a young Indian rode up to us on horseback. Dr. Burns took the gun from Indian. Said it was Lesehi. When we rode on, I was the first to ride on, perhaps 50 or 75 yards in swamp, when we were fired upon. I looked around saw Rabbeson and Miles back of me. Tried to see Indians, could not because of smoke rising from their guns. Then Dr. Burns and Bright came rushing on halloaed to me to get out of the swamp. Dr. Burns whipped my horse. We rode as lively as we could out. Road so narrow Bright could not get by. I had to go ahead. We rode on 1 1/2 to 2 miles when Mr. Moses said he was wounded and should fall off his horse. I stopped my horse, he fell towards me as he came up. I caught him and carried him off the road. Said he was shot through first below the heart. I had just got up the hill some 50 to 85 yards, when Rabbeson and Tidd came up. And said Mr. Miles was killed. Mr. Moses then asked us for some water. All he said was to Mr. Rabbeson and myself who were the last to leave him. He said "Boys save yourselves and if any of you are saved, remember me." Said he would not live. We then left him and in two days and nights got into Steilacoom. I couldn't say how many Indians on horseback. When we first came up they got out of the way. I have recognized the place spoken of. I did not see Leschi there. I came here in the Fall 1854. Some cattle were left behind I went after them could not get across the Puyallup with them. Leschi came and helped me over. I my horse and cattle were going down stream when he helped me. I have seen him since often. Year afterwards at Olympia saw him. He knew me and spoke of it. I was ahead of Rabbeson when first attacked. Some 50 yards. Afterwards distance increased. It was a cloudy day, towards sunset. About 15 or 20 minutes after we left the Indians were fired on. About sundown about 20 minutes to 1/2 hour after we met the Indians we were fired on. I was near enough to recognize them. I saw Rabbeson talking with the Indians with two men on horseback. Neither of them was Leschi. The question he asked of the Indians was as to the people living in vicinity. One of us perhaps Tidd asked about Connell's House. They said they supposed Eaton's Company camped there and burnt it. Said there were four Bostons on the Puyallup. Cross ExaminationWhere was Moses when shot? I suppose in swamp. No other shots fired except in swamp. He spoke of ride (?) 1/2 miles off. I spoke of its being in the fall of 54 I talked with Leschi here. It was in the Spring. A. J. Simmons produced sworn and examined says. Me and Mr. Rabbeson had a conversation one day going from Mr. Smiths [sic] early one morning. I asked him if he saw Indians in the swamp. Said he did once. Underwood [sic] him to say he did not know any of them. Was not close enough to distinguish. He said nothing of his acquaintance with Leschi at that time or any other time. Dr. William F. Johnice (?) (This name is illegible throughout this document) produced, sworn and examined says, knew the prisoner since 1853. He lived on the Nisqually Plains. Never knew him to live near Eatons. That prairie not considered to be his land, but the land of other Indians. Witness came here in 1843. Leschi was pointed out as the particular friend of the Shepherds. Since Americans came never knew him to be unfriendly until July 1855. When I knew him to be dissatisfied about the Treaties about the Reservation. He wanted to go to Olympia to talk about it. Was afraid to go. Was told by the Olympia Indians that he would be tied if he came. He is a Yakima by the mother, a Nisqually by Father. Heard Mr. Rabbeson's testimony. Rabbeson came to the hut (?) on his way in and gave a very detailed narrative of everything. Said there was shouting and noise when they rode up to the Indians. He told also that Burns took a gun from the Indian and held it and spoke of killing the Indian & others disuaded [sic] him. Said he knew several of the Indians by sight. I then described Leschi and a coat I had sold him. Said he thought that was Leschi. A question was made about a hat the Indian had on. Mr. Rabbeson described Indian's hat. I saw Leschi lately at the place with felt hat like it. Cross ExaminedIn early times Leschi was not on friendly terms. Recently a sub Chief made so by Indian Agents. Has been at Nisqually 13 years. Highest absence three months. I remember telling Mr. Mason he was a shrewd Indian, hard to fathom and find out. Remember to have told Mr. Mason when he was in the buggy with me that he was Leschi. He said "Oho that Leschi" I might have taken him often. He has sold game often to me. Israel H. Wright produced, sworn and examined. Says. On former trial I was a juror. State whether Mr. Rabbeson described Leschi? He said he saw Leschi, and he had a scar on his forehead. Said he saw him at one place at the edge of the swamp. Said he saw him also on the prairie, Connell's Prairie. Cross ExaminedI state this distinctly on my oath. I was on the jury and took particular notice. Am not so positive if he said it of him. He did speak of other Indians. W. T. Simmons produced, sworn and examined. Was present at WinYea's trial. I understood Rabbeson to give description of Leschi. What he knew him by as that he had a scar on his face. Cross ExaminedDont [sic] recollect but that others testified as to scar. I understood Rabbeson to say that he knew him by the scar. Charles H. Mason. Recalled. Two proclamations under his signature shown. Answers I have no doubt the proclamation is correct. Was acting as Governor at the time. 14th & 22nd of October. Were issued by me. Said proclamations are in language following - (here insert). Dr. Johnice (Name illegible) re-recalled. Mr. Mason said. I could have taken him at any time when was at my office. The Indian thought Mr. Mason wanted to kill him. He asked me after Mr. Mason left what the Tyee (?) wanted to kill him for. I corrected it. At that time there had been talk of 60 Green River Indians on the Plains at his house. I had sent for him and he had been at Steilacoom to contradict it when he met Mr. Mason; his mind was troubled then. Leshi's character was good until 6 months before the war. He enjoyed a very good character before. Was a friend of the Whites. Never knew any other name than that of Leshi. Since 45 known him. Only know by hearsay as to being at Eaton's Prairie. John Swann Produced, sworn and examined. I was a sub Agent from Nov. 17, 1855 to February 6, 1856. On reserve opposite Steilacoom. Leshi came there for the purpose of having a talk about making peace. Came there with 33 of his men. The tenor of his conversation while there was to make peace with the Whites. Said he had got tired of the war. As the steamer approached the reserve, a great deal of confusion was caused. As it come the Indians expected to be fired into. Leshi came to me, told me to go off to the steamer and tell the Officer what he had said. I told the Officer the proposition. I then took back another to Leshi. I went on board again took their reply. I went back and staid [sic] on shore. Leshi told me if the soldiers were coming on shore, for me to stay on board, or I might get killed. Quesmith (?) (This name is illegible throughout) was not there. Kenaskut was there, but neither he nor Leshi tried to molest me. I was in his power there 36 hours, and was not tied during the time as has been said. Charles H. Gohrich (?), produced, sworn and examined. Came down from the Puyallup about that time with load of potatoes. About a mile from mouth heard Indians. Told men first to pull ashore. Then to pull to sea. They they [sic] did found a long canoe and boat full of Indians either side of canoe. Gave them all the matches and tobacco I had. Man steering canoe asked for potatoes. Gave them some. I standing up. Indian steering took hold of me asked me if I knew him. I said no. He said he was Leschi. Women then said Don kill him. Indian from on shore hallooed to kill us. Didnt [sic] know him. Some said Kanaskut. Benson, produced, sworn and examined. Says Leshi left three men to guard me at my house on the Puyallup. I could not tell why he left the guard. Kenaskut and his party there at the same time. It was a report that some of the Indians wanted to kill me. Dont [sic] know it to be so. Cross ExaminedBeen here since Thursday. Defence [sic] here rested. Rebutting Testimony for ProsecutionJames K. Hurd produced sworn and examined. Says. Have known the prisoner since 1853. Have known of his being camped near Eatons and Glasgow's prairie called Fenal or Tenal (?) Cut. Have employed him to pack meat across Cascades Mountains. Cross Examined. From Rabbesors to Tenelcut some 3 or 4 miles. I considered that his home. Knew him as Leshi, and when I wanted him went there for him. Offut, produced, sworn and examined. Says. Have known Defendant since 1853. Have seen this Indian by the name of Leshi, often on Rebbeson's Prairie. John Walker, produced, sworn and examined. Says. I heard Rabbeson's testimony as to Leshi at trial at Steilacoom. Did not hear Leshi described. Porter, Heard Rabbeson's testimony of Leshi. He did not describe him. He heard testimony as to Indian with scar. A.C. Lowell, George W. Corliss, Andrew Byrd and W.D. Van Buren Severally swore that they heard the testimony at Steilacoom by Rabbeson but heard no description of Leshi by Rabbeson in Winyea's trial.
Prosecution rested. And no other or further evidence being offered by either of said parties, after the arguments of counsel, the Court told the jury that they had now heard the arguments of counsel and charges of the Court and that the closing Counsel had in some degree gone outside the case, that all the jury had to decide upon was the evidence given upon the trial. The law they were to take from the Court. This statement was not made in writing, nor were any instructions asked for or given in writing by the Court before the Argument of Counsel but the Instructions were given orally. The jury retired to consider of their verdict and after their return into Court with their verdict and before it been rendered the Defendant excepted to the Statement made to the Jury by the Court. And thereupon the said jury gave their verdict against the said defendant, in words following. We the jury find the Defendant guilty as charged in the Indictment and that he suffer death. Whereupon the Counsel of the said Leschi, Defendant, moved the said Court for a new trial, upon the issue aforesaid, and assigned for causes thereof:
Territory of Washington vs Leschi (Indian) Personally appeared before the undersigned Clerk of the United States District Court for the Second judicial District of the Territory of Washington W. H. Wallace who being first duly sworn on his oath says that since the trial of the above entitled cause new testimony has been discovered, material to the defence which could not have been discovered with reasonable dilligence [sic] and produced at the trial. This affidavit can prove by A. V. Kantz that the distance from the place where the Indians were discovered in Connell's Prairie as stated by the witness on the trial to the swamp where the attack was made is greater by the trail mentioned in the testimony of said witness, than by the wagon road also mentioned by said witness. And that the road is better and can be travelled quicker than the trail. This affiant says that he was one of the Counsel for the Defendant and that should a new trial be granted the testimony of A. V. Kantz can be had on said trial. W. H. Wallace Sworn to before me this
4th The Court erred in failing to charge the jury that they could find the prisoner guilty of an offence less than that of murder in the first degree. 5th The Court erred in giving instructions to the Jury, after the Counsel had concluded the argument of the Cause. And the said Court did over rule the said motion for a new trial, to which Ruling of the Court, Defendant by his Counsel excepts and thereupon said Defendant by his Counsel move the said Court that judgment be arrested herein, and that Defendant be discharged and go hence and for cause assign.
But the said Court overruled the said Motion and gave judgment upon the said verdict of the said jury against the said Leschi, Defendant. Whereupon the Counsel of the said Leschi made their exceptions to the said Opinion of the Court in that behalf: and prayed that the said Court would sign and seal this Bill of Exceptions; Which is done accordingly. Edward Lander (?) (SEAL) Territory of Washington VS LeshiVerdict Jury FILED March 19" 1857 We the jury finds the defendant guilty as charged in the indictment and that he suffer death. Benjamin Harnett Prisoner at the BarFor reasons which may not be understood by this court the sentence pronounced by the Supreme Court in Dec last has not been carried into effect. You yet live and again appear at the bar for sentence. You have had the benefit of a trial by a jury of twelve men who after hearing all the evidence and the arguments of counsel in your behalf says you are guilty. Your case has been reviewed by the Supreme Court and no substantial error has been found [sic] The executive clemency has been appealed to, which although not bound bound [sic] by the inflexible rules of law yet finds no reason why you should not suffer the penalty of the law Whatever may be said of the probability or possibility of your inocence [sic] one thing is quite certain you have had the benefit of all the forms of law that the most favored of our own voice in trials for Murder. Your case has had lengthy and deliberate consideration. You have had much time to prepair for death unlike those of our own race with those murder you are charged. The law is not vindictive.Punishments are instituted for the protection of society and for this purpose and at this late period are we called upon to renew the orders of this Court in your case. It is therefore considered by the Court that you be decreed and adjudged a murderer and that you be hanged by the neck until you are dead. That the Sheriff of Thurston County or his deputy cause execution to be done upon you in the premises on Friday the (19) nineteenth day of Feb. 1858 at or near Steilacoom in Pierce County between the hours of 10 oclock in the four noon & 2 oclock in the afternoon of said day and that you now be taken by said Sheriff or his deputy to the Military Post near Stilacoom [sic] or some other secure place of confinement within this District and from thence on the day of execution aforesaid as aforesaid you be hanged by the neck as aforesaid until you are dead and may God have mercy on your Soul. |
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