History of Benton County, Oregon, Part 60

Author: David D. Fagan
Publication date: 1885
Publisher:
Number of Pages:

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DEATH OF JOHN BAUERLIN .- On Saturday morning, June 23, 1866, it was rumored that John Bauerlin, a brewer, who had been a resident of Corvallis for seven or eight years, was missing. Search was immediately instituted and some men passing along Water street, near the Willamette river, discovered at the top of the almost per- pendicular bank, some sign indicating that a man had jumped off, feet foremost, and slid into the river-marks along down the bank to the water's edge were seen which had the appearance of having been made by the heels of a man sliding down on his back. Down about eight feet from the top of the bank a hat was found, which was recognized as that worn by Bauerlin the night before. Various opinions were enter- tained relative to the fate of the missing man, and the whereabouts of the body, if dead.

It would appear that a very serious drunken row occurred at Day's saloon, on the night of Friday, and that Bauerlin, who was very much intoxicated, was engaged in it. Several persons were arrested and examined on Sunday but were discharged for want of evidence to implicate them. Some additional proof having been discovered on Monday evening a warrant was issued upon the complaint of Mrs. Bauerlin and James Woody and James Herron were arrested. On Tuesday the examination was com- menced. The body was recovered about seventy-five yards from where it was sup- posed he went down the bank, into the Willamette, on Sunday morning. The medical opinion of Doctors Lee and Sharples, given at the examination, was to the effect that the wounds found upon the body of the deceased were such as might ultimately have caused death, but their belief was that Bauerlin died after going into the river and that the immediate cause of death was asphyxia.

KILLING OF AN " UNKNOWN."-On the morning of Sunday, October 21, 1866, Messrs. McGhee and Sol. King went to an uninhabited cabin on the land of the former and there found the dead body of an unknown man, showing marks of violence, partly

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burned, and which apparently had been dead for some time. Signs of fire in several places indicated that an attempt had been made to burn the house; one of the "sleep- ers," near where the remains were lying, had been burned off, while the lining of the house was partly consumed. The body was burned nearly through at the small of the back, also about the head and arms. A verdict in accordance with these facts was found by Justice of the Peace, E. Holgate, and a jury composed of John McP. Brown, W. F. Herndon, W. S. Mccullough, G. W. Ross, Hiram Wood and James Akin.

KILLING OF AN INDIAN .- On January 15, 1867, three Indians were sent by Agent Simpson, under guard, from the Siletz Reservation and turned over to the civil authorities. They were placed in jail and on the following morning had a hearing before Judge Odeneal, on a charge of murder. The circumstances connected with the slaying were as follows :

In the summer of 1866, an Indian named Charley was engaged in carrying the mail and express matter from Corvallis to the Reservation. Upon a certain trip, while in town. his horse got away from him. On his way out, on foot, he passed some Indian ponies and catching a couple, rode one and led the other. Soon the party to whom the animals belonged, missing their horses, gave chase, overtook Charley and demanded the delivery of the steeds, whereupon, he drew a large knife and made a thrust at one of the three assailants, who, in warding off the weapon, received a serious cut in the hand. At the same time another picked up and struck Charley twice, fell- ing him dead on the spot. The body was disposed of and nothing was known of the mail carrier until some six weeks after, when a squaw informed upon the guilty par- ties, which led to a full confession. After hearing the matter and carefully weighing the testimony, the Court pronounced it a case of justifiable homicide and discharged the prisoners.

KILLING OF AN INDIAN .- While Sub-agent Collins and Mr. Clark were superin- tending the digging of potatoes on the Alsea Reservation farm, a difficulty ensued when one of the Indians was shot by the latter gentleman in order to save his own life. Agent Simpson on being sent for quickly arrived with reinforcements, and although the Indians displayed a hostile spirit and demanded that Mr. Clark be given up to them, no farther disturbance occurred. It was deemed advisable, however, to warn the settlers on the Bay of the emute and bid them to be on the alert, for it was uncertain what the red-skins might do. The speck of war disappeared, however, and matters remained quiescent for the time. This occurred in October, 1867.

KILLING OF AN INDIAN .- In the latter part of the year 1868, a terrific commotion was caused in the Yaquina region by the excitement of the Indians at the Siletz Reser- vation, caused by the killing of one of their number near Corvallis, by George W. Ballard, all of which will be found fully detailed in the history of Yaquina precinct. On November 17, 1868, Ballard was sentenced to five years imprisonment for the homicide.

KILLING OF SILAS WHITE .- From what we have been able to gather it would appear that the brother of Eli Mason and Silas White were having a slight contention near the blacksmith's shop of the former in Philomath on April 18, 1871. Hearing the noise, Mason came out and picking up a small piece of loose iron threw it, but without any extra force or exertion, at White, which, striking him on the temple,

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caused his death. On May 3, 1871, Mason was convicted of manslaughter, sentenced to imprisonment for one year, and mulcted in a fine of five dollars.

KILLING OF TOOTOOTENA JACK .- On July 5, 1872, after a night's debauch, an Indian chief, named Tootootena Jack, sought a quarrel with and wanted to fight Thomas Boyle, a boarding-house keeper at Foulweather lighthouse, in Newport. Several parties were present, both Indians and whites. Boyle knowing the desperate character of the Indian, and not being in any wise a match for the brawny savage, nor wishing to engage in battle with him, declined the invitation and endeavored to avoid a difficulty. The Indian, roused to anger by Boyle's positive refusal to fight him, advanced upon the latter, at the same time drawing from his belt a revolver in one hand and a sheath-knife in the other. Boyle, seeing the movement, stood on his guard, and waited until the Indian had raised his pistol to a level with his waist, when, feeling that longer delay would be hazardous to his personal safety, he fired the fatal shot. The Indian fell forward, his knife and revolver falling at Boyle's feet. As soon as the affair had thus terminated, Boyle went into the house of a friend, where he was followed by a hundred Indians, all thirsting for blood, who were restrained from violence only by the united efforts of the whites and peaceably disposed Indians. General Palmer soon appeared upon the scene and endeavored to pacify the impetuous spirits. One Indian, a brother-in-law of Jack, was heard repeatedly to utter the threat that he would have a white man's blood before morning. Another declared that as Ben. Simpson was a tyee like the deceased, he would meet that gentleman, shake hands with him, and then kill him. To the former General Palmer, we are told, with tears in his eyes, read that passage of scripture about returning good for evil, etc .; but the untutored red-men were not in a mood, just then, to follow the divine precept of the meek and lowly Jesus, and small knots continued to watch the movements of Boyle, dogging his footsteps wherever he went. Boyle proceeded to the Justice of the Peace at Newport and gave himself up, but the people at the bay fearing an outbreak, it was deemed advisable for him to go to Corvallis and give bonds. When going on board the boat, to come up the river, an Indian was stationed near the gang-plank to shoot him ; but, as he said afterwards, when asked why he did not do so, he was afraid to make any demonstration, lest Boyle should be too quick for him. On arriving at Cor- vallis Boyle gave himself up and, without examination, was put under one thousand dollar bonds to appear at the November Term of the Circuit Court. While on this duty he was informed that four Indians, one the above mentioned brother-in-law of Jack, were on his track. These Indians arriving in Corvallis informed an Indian woman employed at the City Hotel, that they had come to kill Boyle, but could not find him. After a few days Boyle returned to the bay and resumed his businees, keeping a sharp lookout.

Towards the middle of the month a Deputy Marshal went to Yaquina bay and arrested Boyle on a charge of selling or giving whisky to Indians on July 4, 1871, the charge not having been preferred until twelve months after the alleged commission of the crime, and after the killing of Jack. On his way up a friend informed Boyle to beware of an Indian who would meet him on the road for the purpose of taking his life. The Marshal having heard of the threats against Boyle's life, and evidently believing there was ground for serious alarm, gave his prisoner a pistol and told him 52+

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to be prepared for any emergency. Before proceeding far, a suspicious looking savage, with a musket on his shoulder, was met in the road. Perceiving that his intended victim was prepared for him the Indian permitted the party to pass unmolested. In company with several other prisoners Boyle was taken to Portland, indicted, arraigned and bound over, on the whisky charge, upon the testimony of this same brother-in-law of Jack, and a sister of the deceased, who boasted of having once cut out and eaten a white man's heart, and also assisted during the Rogue River troubles, to hold a white woman while half-a-dozen red-skin demons brutally outraged her.

We here leave our readers, who are doubtless well acquainted with the revengeful character of the Indian, to draw their own inferences in regard to the animus of the charge of selling whisky ; while, we have been reliably informed that the Indian killed was a dangerous, desperate character, holding in terror the citizens of the bay, who manifested in an unmistakable manner their gratitude to Boyle for having rid them of a covert, treacherous foe.

KILLING OF RINGO .- From the Corvallis Gazette of July 12, 1873, we cull the following :- Just upon the adjournment of the April Term of the Circuit Court of Benton county an aged farmer named Andrew Ladd, was indicted and arrested upon a charge of murdering a man named Ringo, over five years before. The complaint was made by one Luther King, son-in-law of Ladd. He lay in jail until July the twenty-second, when the case was called for trial. The first and most important wit- ness introduced on the part of the State was Luther King, a penitentiary convict, who was brought from his cell for that purpose, at great expense to the county. Mrs. Eddy, George Mulkey and wife and Norman Lilly were called to the witness stand, but their united testimony was considered insufficient by Judge Mosher, who suggested that the proposition rest. The defense introduced no testimony. I. N. Smith opened the case on the part of the State with a few brief remarks. Opposing counsel declined to address the jury and the case was submitted. The judge in his charge to the jury, said, in substance, that in order to convict, they must be satisfied beyond a reasonable doubt that Ringo was killed by poison and that said poison was administered by Ladd ; that there was no evidence of any symptoms of poison previous to death and that a jury could not convict without evidence. The judge further remarked that he did not think there was sufficient evidence to even create a suspicion-and submitted the case. Without retiring from the box, the jury returned a verdict of not guilty, and were dis- charged.

KILLING OF DR. B. F. HUTCHISON AND MELVIN MCKEE .- On the morning of Wednesday, August 16, 1882, Doctor B. F. Hutchinson, aged seventy-five, and his adopted son, Melvin McKee, about fourteen years old, were discovered at their place of residence at Coffrey slough, about one mile southwest of Oneatta, murdered. They had both been shot in the back of the head, presumably at close range, as the tops of their heads were literally blown off. The deceased doctor had sold some cattle on the fourteenth and received a considerable sum of money in coin which could not be found.

At the fall term of the Circuit Court, 1882, Ben Johnson, an Indian, was tried for the murder of Dr. Hutchinson, and acquitted. During the March term of the court the same individual was tried for larceny in a dwelling house, and also for the murder of Melvin McKee. In all these he was acquitted, the cost to the county being from

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three to four thousand dollars, and still no one was convicted for the double murder, although that such had been committed was well established. The all absorbing ques- tion then became, who was the perpetrator of the crime. On the last trial it was testi- fied that the track of Ben. Johnson was but a few feet behind the body of the lad, where he was found murdered, and the track was made there after the youth had been slain, because the foot print of the Indian was on top of those of the boy. No wonder then that it was felt that circumstantial evidence was now powerless to convince a jury; that they must have the act of murder testified to by an eye-witness, and then, they might probably reach the conclusion that the deed was done in self defense.

KILLING OF T. J. DENNIS .- It seems that on Saturday morning, December 29, 1883, T. J. Dennis, of Alsea, and his son-in-law, Asa Burbank, went out hunting, and after being out in the mountains for some time, arrived at the summit of Mason Moun- tain, the dividing ridge between Alsea valley and the coast. Here the two men sepa- rated agreeing to meet at a certain designated point later in the day. It would appear that Burbank came to the appointed place so the story goes-and waited for a time, but Dennis did not make his appearance. Burbank afterwards started home, where he arrived in the afternoon. After gaining his residence he expressed fears that some- thing had happened to Dennis, and feared that he would not get in that night. Den- nis did not get home, and that evening Burbank got one of the neighbors to go with him in search of his father-in-law, but he was not found. On the two succeeding days a large party of neighbors, numbering some forty or fifty, were out scouring the moun- . tains for the missing man, continuing the search until January 1, 1884, when the dead body of Dennis was found, about one hundred yards from the place where the two had separated on the previous Saturday. He had been shot with a rifle ball of about forty-five calibre, which entering in front, above the upper part of the chest, ranged down and came out at the small of the back. The surroundings of the place betokened an appearance as if the body had been dragged some fifty feet. The gun used by Dennis was an old hunting Yæger and hence he could not have been shot with his own gun as the Yager ball could not be thrust into the wound that caused death. A coroner's jury, composed of Justice of the Peace, Judson Seely, and Messrs. Willis Videto, Newton V. Bennett, W. H. Sights, O. M. Bennett, W. W. Rider, and Jasper Haydon, found that T. J. Dennis, came by his death from the discharge of a gun.in the hands of an unknown party.

Asa Burbank was apprehended, tried and acquitted.

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CHAPTER XLIII.

SILETZ INDIAN RESERVATION.

A small, romantic, isolated country-an oasis inclosed by a beautifully carved rim of high mountains- containing a great variety of hills, valleys and forests, glades and prairies-watered by pure springs, purling brooks, rushing creeks and the bright, sparkling Siletz river, clear as crystal, charmingly ornamented by a super-artistic arrangement of landscapes, and a luxuriant profusion of rich and variegated flora- enriched by valuable timbers, the most fertile arable and grazing lands, and an abun- dance of fishes, wild game and wild fruits-hence it is peculiarly adapted to the pur- pose designated by the Government.

The Agency is centrally and beautifully located on a heart-shaped peninsular prairie, in the bend of the Siletz river and consists of a number of fine buildings such + as : a boarding house for Indian children, the main portion being fifty-three by forty- four feet, with two wings two stories in height and twenty by fifty-two feet in dimen- sions ; a fine school-house thirty-three by fifty-one feet and containing ten rooms ; a barn and commissary store, fifty by sixty feet, with all the necessary appurtenances ; an agent's residence, in course of construction, thirty by thirty feet, with wings and porch to match ; offices of the agent, commissary, and medical officer, thirty by forty feet, and two stories high; and several houses occupied by employés.

The number of Indians originally brought to the Siletz Reservation was twenty- six hundred : there are now, 1885, about nine hundred all told. As a general rule these are industrious and try to make a living for themselves; they no more live in groups as separate tribes, but have nearly all of them, or at least the heads of families, taken their land as surveyed, have built houses on the same and are making, some more, some less, use of the ground. These residences range from twelve to fourteen feet square, many larger, with a kitchen running back, and a wood-shed. Quite a number have good barns, with granaries to hold their crops. Some of them still make their beds on the floor, while perhaps one-half have bedsteads and tables and perhaps one-third of them have cooking-stoves; and, indeed, some of their houses would lose nothing by comparison with many of the whites. As a general rule they go decently dressed, many of them being extravagant in the matter of costume, wearing clothes that are more costly than their circumstances would justify, being, in this respect not unlike white people. A

The school is in a prosperous condition for an Indian school, an average atten- dance of seventy-five scholars, some of these being white children belonging to employés. As for their progress, all things considered, it is all that can be expected. In order to obviate the difficulty arising from the distance that many of these have to

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come to school, provision is made to furnish them their dinner. They are also, to some extent, supplied with clothing, the little girls being taught to make their own dresses. The boarding-house is used as a manual labor school, where the girls are edu- cated in all the arts of house-keeping, while the boys are required to work on the farm, or at trades, all, however, being kept at the school, and away from the influences of their former Indian habits.

There is also a well organized church under efficient and zealous labor, aided and sustained by most of the white attaches. Indeed, as a whole, the Indians are as orderly in their deportment as the whites, and as sincere in their professions. To our mind there is but one standard by which we can judge of the genuineness of any man's religion, and the standard was not made by us. "Judge the tree by its fruits " is the only rule we wot of, and tested by this formula the Indians on the Reservation lose nothing by comparison with the average white man. In the application of every rule we must ever bear in mind that " where little is given, little is required." As for the progress in industrial pursuits it is certainly onward, and such will be transmitted under the decree that each employé is required to take a certain number of apprentices to be instructed in the different departments of labor.

To keep the Reservation in order a police force is established, the domain being divided into districts, each of which is assigned to one policeman who reports to the Chief of Police, a white man, the remainder being Indians. This scheme works admirably, and has a good effect in checking crime on the Reservation, as well as having a beneficial effect on certain classes of white men, as for example : Once upon a time a white man came on the Reservation about noon and stopped at an Indian house, in sight of and within a mile of the Agency, whither the Indian tried to get him to go, but he refused ; so, when it was dark, the Indian, fearing that the man was after no good, gave notice to the police, whereupon he was arrested and in the absence of the agent, brought to head-quarters, and not being able to give a satisfactory reason for his conduct was, by the Chief of Police, ordered to be placed in the guard-house until morning, when he was taken out, given his breakfast and sent under escort of an Indian policemen, off the Reservation. While on his way he confessed that his object was to get a squaw for a wife and live among the Indians ; that he had one squaw wife and wanted another.

With all these civilizing influences around them there is one spot that still pro- claims their barbarism-the burial ground. In these days they coffin their dead, but above them are strewn the personal property of the deceased, while pennons of tattered apparel float gaily from the surrounding pickets. When ready for burial the fallen brave sleeps calmly with a knife in one hand and a twenty-dollar gold piece in the other-prepared, apparently, to either pay his passage, or cut his way through to the promised land, as circumstances might justify. Turning from these savage graves, with their wild symbolism of a future life, who can do more than quote that sad line of Moore : " The heaven of each is but what each desires."

Siletz was in the earlier days of its occupancy the scene of many bloody frays. There is still shown the spot where Bob. Metcalf, the first Agent, leaned across his saddle-bow and shot the Indian desperado " Rogue River Jim," who was also amusing himself by shooting at the bold and ready Agent. Metcalf and his men were walking

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armories in those times, and it was necessary too, for the wild tribes from Southern Oregon were careless with their guns. The Rogue Rivers and Shastas once entered into a plot to capture the garrison at the Agency, and were only frustrated by the friendliness of old " Klamath Joe," a chief who divulged the bloody secret to the officer in charge. Their plan of attack was this: To secrete themselves in the woods near the block-house until the dinner-call was sounded and then rush in upon the defenseless soldiers who were accustomed to dine in the basement, leaving their arms in the room above. They were welcomed by a row of grinning muskets and concluded to postpone the entertainment.

The Siletz Reservation extends along the Pacific ocean, lies one mile and a half north of Cape Foulweather and extends northwards twenty-five miles to the mouth of Salmon river, Tillamook county. Its resident Agents have been Messrs. Metcalf, New- some, Biddle, Simpson, General Palmer, Fairchild, Bagley, Swain and F. M. Wads- worth, the present able and efficient incumbent. The officers are, C. N. Corson, Clerk; F. M. Carter, Physician ; F. M. Stanton, Farmer. There are twelve policemen, an interpreter, a carpenter and a teamster among its employés, while the supply depot is at Toledo, eight miles distant. The number of acres in cultivation is nine hundred and seventy-three ; under fence, two thousand six hundred ; rods of fence made during the year 1884-5, twenty-four hundred and one; bushels of oats grown by Indians, twenty-two thousand one hundred and thirty; potatoes, twenty-six thousand two hundred and fifty ; hay, five hundred tons.

CHAPTER XLIV.

THE OREGON AND CALIFORNIA RAILAOAD.

Towards the end of the year 1866, the subject of railroads was the all-absorbing topic of conversation throughout Oregon, location being but a secondary consideration. What was wanted in the first instance was the dictum of the people that a road should be built; this conclusion arrived at then surveys could be made of the most feasible and practicable routes, be it on the east or west side of the Willamette river.

It was very naturally hoped by the people of Benton county that under any circumstances Corvallis, their county seat, would be tapped by the road, but with that strong sense of justice that has ever characterized that community, they were prepared to forego this manifest benefit rather than there should be no line at all built. Farmers, merchants, mechanics, in short all men with the interest of the county at heart, declared themselves willing to take stock in any company and give their greatest aid in pushing

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the matter to a speedy conclusion. This was the only method of waking the Willam- ette valley from the Rip Van Winkle sleep in which it had lain for so many years.

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History of Benton County, Oregon, Part 60

Author: David D. Fagan Publication date: 1885 Publisher: Number of Pages:

Author: David D. Fagan
Publication date: 1885
Publisher:
Number of Pages: