History of Washington; the rise and progress of an American state, Vol. IV, Part 1

Author: Snowden, Clinton A., 1847?-1922; Hanford, C. H. (Cornelius Holgate), 1849-1926; Moore, Miles C., 1845-; Tyler, William D; Chadwick, Stephen J
Publication date: 1909
Publisher: New York, The Century history company
Number of Pages: 600


USA > Washington > History of Washington; the rise and progress of an American state, Vol. IV > Part 1


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org.


Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34



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HISTORY OF WASHINGTON


History af Washingam


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CLINTON


CORSALIVE IT. HAVY


HON. ELISHA P. FERRY.


First governor of the State of Washington; was born at Monroe, Mich., August 9, 1825; studied law at Fort Wayne, Ind .; was admitted to the bar in 1845; re- moved to Illinois in 1846, and was a member of Gover- nor Yate's staff during the civil war. In 1869, was appointed surveyor-general of Washington; was gover- nor of the territory from 1872 to 1880; practised law in Seattle, from 1880 to 1887, when he became vice- president of the Puget Sound National Bank. He was elected governor of the State, October 1, 1889.


2


History of Washington


The Rise and Progress of an American State


By CLINTON A. SNOWDEN


Advisory Editors CORNELIUS H. HANFORD, MILES C. MOORE, WILLIAM D. TYLER STEPHEN J. CHADWICK


VOLUME FOUR


TAT


TI


THE SEAL


WASHINGTON


1889


THE CENTURY HISTORY COMPANY NEW YORK


1909


Printed by John C. Rankin Company for The Century History Company


COPYRIGHT 1909 BY THE CENTURY HISTORY COMPANY ALL RIGHTS RESERVED


Publication Office 54 Dey Street, New York, N. Y. U. S. A.


CONTENTS.


CHAPTER XLIX.


THE WAR ENDS.


Leschi and Quiemuth in Hiding


3


Quiemuth Surrenders. 3


Is Killed in Governor Stevens' Office. 4


Leschi Betrayed.


4


His Indictment and Trial


5


The Jury Disagrees


6


His Second Trial


7


His Case Appealed.


8


His Pardon Asked For


S


His Execution Defeated


9


Public Indignation.


IO


Sentenced a Third Time and Executed.


His Last Speech.


12


Reservations Rearranged


13


Acts of the Legislature


14


Cost of the War


1 5


Stevens Elected to Congress.


18


General Clarke in Command.


19


Failure of Wool's Policy


20


Steptoe Advances Northward


21


His Defeat.


22


The Terrors of the Retreat.


23


Colonel Wright Takes the Field.


24


Battle of Four Lakes.


25


Battle of Spokane Plains


28


Garry a Messenger of Peace 29


A Slaughter of Indian Horses. 30


The Indians Come to Terms. 31


The Murderer of Bolon Hanged 32


Death of Owhi and Results of Wool's Policy 32


CHAPTER L.


1385638


FRASER RIVER AND SAN JUAN.


The Discovery of Gold


37


Newspapers at $5 per Copy 38


The Rush to the Mines. 39


Real Estate Speculations. 40


Governor Douglass Taxes the Miners 41


VI


THE RISE AND PROGRESS


His Rules and Regulations 42


His Plans Disapproved. 34


Governor of British Columbia 44


End of the Gold Excitement. 45


An Indefinite Boundary 46


Colonel Ebey Visits San Juan


47


The Sheep Tax.


47


George Bancroft's Precautions.


4S


Boundary Commissioners Appointed.


49


The Pig Killed. 50


Harney Visits the Island. 5 I


Pickett's Instructions 52


He Takes Possession 53


54


Harney's Letter to Douglass 55


Casey Reinforces Pickett.


56


He Confers with the British Officers


57


Visits Admiral Baynes. 58


Colonel Haller Arrives 59


Harney Suspected.


60


General Scott Sent to the Coast


61


His Instructions. 62


George Bancroft's Usefulness 63


The Controversy Reviewed. 64


Douglass Manages Badly. 66


Difficulty of His Position 67


Public Interest in the Controversy. 68


A Murderer's Plea 69


CHAPTER LI.


EARLY SETTLERS IN EASTERN WASHINGTON.


The Advance Guard. 73


Gold Discovered in Idaho. 74


A Nez Perce Indian's Vision 75


The First Gold Hunters. 76


Walla Walla Founded. 77


The Severe Winter of 1861-62 78


New Mines Discovered


Stage Lines. 79


79


Wheat Growing on the Hills. 80


The Montana Mines 81


First Wheat Down the River 82


The Lawless Element 83


A Delicate Situation.


OF AN AMERICAN STATE


V11


One Ruffian Meets His Fate


84


Another Follows. S5


The Farmers Assemble 86


The Trouble Ended.


86


Idaho Organized.


87


Gold Found on the Boundary


SS


New Counties Organized.


89


First Settlers in Adams County 90


Early Settlers in Whitman County 91


First Settlers in Lincoln County 92


Yakima and Douglas Counties


93


Old Yakima City 94


Spokane County 95


First Settlers at Spokane Falls 96


Oregon Claims Walla Walla 97


A Second Claim 98


CHAPTER LII


THE CIVIL WAR.


Lack of Interest Among the Settlers IO3


Reasons for It 104


First Efforts at Recruiting 105


Indian Troubles 106


The First Washington Infantry 107


IIO


Alarming Rumors I12


Patriotic Washington Women II3


Sanitary Commission Work. 1 14


115


Lieut. Col. Silas Casey


I16


Lieut. A. V. Kautz.


II7


Lieut. Robt. N. Scott.


IIS


Col. George Wright.


I18


Capt. E. D. Keyes


I18


Capt. J. A. Hardie.


119


Lieut. D. McM. Gregg


II9


Maj. W. N. Grier


119


Capt. F. L. Dent.


II9


Capt. R. W. Kirkham


120


Capt. E. O. C. Ord.


120


Lieut. M. R. Morgan


I20


Lieut. R. O. Tyler.


I2I


Capt. Rufus Ingalls


121


The Revenue Cutter Shubrick.


Harney's Unfortunate Course.


V111


THE RISE AND PROGRESS


Col. Justus Steinberger I2I


Lieut. Chas. P. Eagan 122


Gen. John M. Wilson. 122


Lieut. W. D. Pender 122


Maj. R. S. Garnett.


I23


Capt. Chas. S. Winder


123


Lieut. J. S. Phelps.


123


Capt. Guert Gansevoort


124


Lieut Geo. Upham Morris


I24


Lieut. E. P. Alexander


I24


Maj. Gabriel J. Rains


I25


Capt. Geo. E. Pickett


I26


Capt. C. C. Augur


126


Capt. D. A. Russell


127


Maj. G. O. Haller


I28


Gen. Isaac I. Stevens.


129


CHAPTER LIII.


PROGRESS OF EVENTS.


Gholson Succeeds McMullen 137


His Peculiarities. 139


William Pickering, Governor 140


Home Rulers Asked For 14I


Political Parties. 142


Cole Appointed Governor 144


Succeeded by Alvan Flanders 145


The Steilacoom Insane Asylum 147


Divorces Granted by the Legislature I48


Vetoes.


149


The Early Legislatures 150


Societies Incorporated. 15I


Governor Marshall F. Moore.


I52


The Alaska Purchase.


I53


H. G. Struve's Part in It.


I54


Apportionment of Representatives. 155


The Capital Location Question I57


University and Penitentiary 158


Acting Governor McGill. 162


The Capital Fight in Court 164


The Custom House. 165


Victor Smith, Collector I66


His Troubles Begin 168


Threatens Port Townsend 170


OF AN AMERICAN STATE


ix


Governor Pickering Alarmed. 17I


The Custom House Removed to Port Angeles. 172


Smith Removed from Office 174


Flood at Port Angeles. 175


Death of Smith. 176.


Importation of Marriageable Women 177


A Second Party 178


Chief Justice Hewitt


180


Changes in the Court.


182


Trouble in the Legislature.


183


Wholesale Vetoes. 184


Garfielde Elected Delegate. 185


Attempt to Tax the Hudson's Bay Company 186


A Long Battle. 188


Murder of B. F. Kendall 189


End of the Tax Case. 191


Purchase of Hudson's Bay Interests. 192


Progress of Settlement 194


Early Newspapers. 195


Death of Earliest Settlers 195


CHAPTER LIV.


"THE GOD TERMINUS."


Hoping for Railroads. 201


Fathers of the Northern Pacific. 202


A Territorial Charter 203


The Union Pacific 205


The Northern Pacific Begun


206


Jay Cooke & Co. Interested


207


Advertising the Country 208


Building Started. 209


Local Companies Chartered. 210


The Oregon Steam Navigation Company. 211


The Rainbow End of a Railroad 214


Hopeful Towns. 215


The Olympia Branch Company 217


Olympia's Christmas Present


219


Seattle's Hopes. 222


A Committee Visits the Sound. 225


Tacoma the Terminus. 226


How Tacoma was Founded. 22 7


Its Name. 229


Failure of Jay Cooke & Co. 230


x


THE RISE AND PROGRESS


The Fight for Existence. 23I


The Seattle and Walla Walla?Road 232


First Days' Work on the Grade. 234


Waning Interest. 235


Hard Times


236


James M. Colman 237


Olympia Starts a Road. 238


Dr. Baker's "Rawhide Road". 239


Its Value to Eastern Washington. 244


The Plat of Tacoma. 246


The Wilkeson Branch. 247


War on the Northern Pacific. 248


Mount Rainier or Mount Tacoma


249


CHAPTER LV.


CIVIL AFFAIRS.


Elisha P. Ferry, Governor 257


An Echo of San Juan. 258


Financial Affairs. 260


Equalizing Assessments 261


First Board of Immigration


262


First Railroad Law


263


Revision of the Revenue Laws


264


The Railroad Question 265 266


First Penitentiary


Employments of the Prisoners


267


Aspirations for Statehood. 268


The Walla Walla Constitution 269


Loss of the Steamer Pacific. 270


Cause of the Disaster 272


273


The Indian Reservations


274


Women Allowed to Vote.


275


The Law Declared Invalid.


276


A Second Trial.


277


A Reign of Terror in Seattle


277


A Vigilance Committee Organized 278 279


The Murderers Hanged.


A Third Added. 280


Governor Squires Reports 281


A Prosperous Period. 281


Great Fire in Seattle. 282


Governor Miles C. Moore's Short Term 283


Loss of the Great Republic.


OF AN AMERICAN STATE


xi


CHAPTER LVI.


THE RAILROAD COMPLETED.


Troubles of the Early Builders 287


Billings Again to the Rescue 288


Henry Villard Appears. 289


Grading Begun at Wallula. 289


Settlers Encouraged. 290


Shipping Grain by Chute


291


Mushroom Towns 292


Cheney and Spokane. 294


Their Welcome to the Railroad. 295


Spokane's Great Fire 296


The Inland Empire


297


The Cascade Division 298


Villard Captures the N. P


299


Visits the Sound Cities.


300


Buys Coal Mines. 30I


The Northern Pacific Completed 302


Hop Culture 303


Villard in Trouble 304


Tacoma and Seattle.


305


Fight Against the Land Grant.


306


Voorhees Sent to Congress


307


Prosperous Cities 308


The "Orphan Railroad" 309


A Parent Found for It 310


The Stampede Tunnel 31I


Villard Regains Control 312 Increase of Population. 313


Growth of Cities and Towns 314


Railroad Extension 315


The Old Age Passed Away 316


CHAPTER LVII.


THE ANTI-CHINESE MOVEMENT.


Early Hatred of the Chinamen 319


Agitators Begin Work. 320


Hop Pickers Attacked. 320


Raids on the Coal Mines 32I


An "Anti-Chinese Congress' 322


Appeals to the Governor 323


President Cleveland Advised 324


X11


THE RISE AND PROGRESS


The Situation at Tacoma 325


"Peaceable Expulsion" 327


The Situation in Seattle. 329


The "Opera House Party"


330


Judge Burke's Bold Course.


33I


John Leary's Report.


332


A Home Guard Organized.


333


Federal Troops Arrive.


333


The Agitators Resume Work


334


The Chinese Quarter Raided


335 336


The Chinamen in Court.


337 338


A Battle in Main Street.


339 340


The Killing of Stewart


A Charge of Buckshot.


34I


The Rioter's Invoke the Law


342


Martial Law Declared.


343


Federal Troops Return 344


The Agitators Disappear 345


CHAPTER LVIII.


THE LUMBER INDUSTRY.


Early Settlers as Lumbermen 349


The First Saw Mills.


349


The First Cargo of Piles 350


The Early Shingle Market.


35I


Felt's Mill at Appletree Cove.


352


The Port Madison Mill


352


The Puget Mill Company


353


Captain Renton's First Mill


354


J. M. Colman, Mill Builder


355


The Port Blakely Company


356


The Port Ludlow Mill.


357


Grennan & Cranney's Flagstaff


358


The Freeport Mill. 359


Roeder and Peabody's Mill


360


Hansen and Ackerson's Mill at Tacoma


360


Logging in Early Days. 36I


The High Stumps Explained 362


Forest Fires.


363


Habeas Corpus.


The Return to the Ship


OF AN AMERICAN STATE


X111


CHAPTER LIX.


SCHOOLS AND COLLEGES.


The Log School Houses


367


School Books. 367


The Early Superintendents 368


The Territorial University 369


Fight for its Location


369


First University Buildings


370


Sale of University Lands.


371


Whitman College Founded.


373


Its Early Struggles.


375


Devotion of Cushing Eells 376


More Prosperous Days. 377


Other Schools of Territorial Times 378


CHAPTER LX.


STATEHOOD.


Further Delay Impossible. 383


Statehood Demanded. 384


Enabling Act Passed. . 385


The Constitutional Convention 385


Its More Prominent Members 385


No Report of its Proceedings. 388


Petitions and Communications 388


The Constitution Completed 389


The State Officers Installed 390


ILLUSTRATIONS.


Governor Elisha P. Ferry Frontispiece Judge O. B. McFadden. Facing page 8


Indian Battlegrounds. Facing page 26


Edward Eldridge. Facing page 40


General George E. Pickett .Facing page 52


Steamer Indianapolis


Facing page 72


Steamer Minnesota


Facing page 92 Fort Boise.


Facing page 110


Elwood Evans Facing page 149


Henry G. Struve Facing page 154


Port Townsend Facing page 173


Selucius Garfielde Facing page 185


First Post Office in Tacoma Facing page 194


Rev. George F. Whitworth, D. D. Facing page 223


General Morton M. McCarver Facing page 227


Judge John J. McGilvra. Facing page 232 James M. Colman, Facing page 237 Facing page 243


Dr. Dorsey S. Baker


Tacoma in 1878


A. M. Cannon.


Facing page 250 Facing page 295 Facing page 332


John Leary.


General William McMicken


Facing page 344


Captain William Renton Facing page 354 Reverend Daniel Bagley Facing page 369


John B. Allen. Facing page 389


CHAPTER XLIX. THE WAR ENDS.


C OLONEL WRIGHT did not deliver Leschi, Quiemuth, Nelson and Kitsap to the governor for trial, although he directed Major Garnett at Fort Simcoe to assure the Indians that it was for their interest that these chiefs should be given up. After the battle at Connell's Prairie, in which they had finally been defeated by the volunteers, under Major Hays, and after finding the country everywhere so thoroughly guarded that their guerilla bands could commit no depreda- tion upon the settlers, these chiefs, with about twenty of their warriors, had fled across the Cascades and taken refuge among their kinsmen, the Yakimas. Here they remained until late in the fall when, finding that the other hostiles were not being molested, they found their way back to the Sound, intending to remain in concealment until they could ascertain whether their lives would be sacrificed by giving themselves up. But living in this way, like wild beasts who did not dare to show themselves by day, soon became tedious and disagreeable, and Quiemuth gave himself up to James Longmire, with the understanding that he would intercede for him with the governor. He was taken at once to Olympia, and arrived at the governor's office some two or three hours after midnight. The governor was awakened and received the party, and left them to spend the remainder of the night in his office. Longmire and Quiemuth lay down on the floor by the fire and, as both were tired, were soon sleeping so soundly that, when Longmire was awakened not very long after, he could not for the moment remem- ber where he was, or realize what had disturbed him. Quie- muth was standing near the door, and a crowd had gathered outside. A shot had been fired, but who had fired it was not then or ever afterward known. Quiemuth soon fell


4


THE RISE AND PROGRESS


to the floor, but it was not the shot that had killed him. He had been hit by it, and wounded in the arm, but while stand- ing at the door was stabbed to the heart by some person standing just outside, unseen from within, but believed to be James Bunton, son-in-law of the murdered McAllister.


The governor was aroused by the disturbance, and began at once to take steps to have the murderer discovered and apprehended. An inquest was held, but no proof sufficiently definite to justify the arrest of Bunton was secured.


The governor was much disturbed by this incident. Three or four other Indians had been killed at Olympia during the year, and other murders, like that of the Indian at Fort Nisqually, had given General Wool and his adherents occa- sion to arraign the governor for failing to protect the lives of the innocent and of prisoners. In April, an Indian, who is said to have been the one who threw Mrs. Brannan and her babe into the well, at the White River massacre, was surrendered at Seattle and sent to Olympia in irons, on the John Hancock. There he was shot dead in the street by a brother-in-law of the murdered woman. Another Indian named Mowitch had also been shot near the town, while getting into his canoe. These murders were a natural consequence of the disturbed condition of things, and no police power that the governor could have been justified in attempting to maintain, would have prevented them.


A reward of fifty blankets was offered for the apprehension of Leschi and it proved effective. He was surrendered by one of his own relatives on November 13th. A special term of court was at once convened at Steilacoom by Judge Cheno- weth, with a grand and petit jury, and Leschi was indicted and almost immediately brought to trial. Public interest in the trial was very great, and the excitement of the settlers


5


OF AN AMERICAN STATE


was increased by the knowledge that Colonel Wright had refused to give him up for trial, and that Colonel Casey and the regulars at Fort Steilacoom felt kindly toward the pris- oner, and would protect him from violence, and perhaps assist him in his defense. He had earlier offered to surrender to Casey; "but that officer had considered it more prudent that Leschi should, for a time, remain in the woods, as prej- udice ran high against him," says Dr. Tolmie. It was of course assumed that the Hudson's Bay people would befriend him, so far as they could, and this helped to intensify the public feeling.


The indictment charged the prisoner with murder, in having killed, or been accessory to the death, of A. Benton Moses, who, with Joseph Miles, was shot only a few days more than a year before, near the spot where McAllister and Connell had been ambushed only two days earlier. He pleaded not guilty, and a jury was impaneled. Among the jurymen were: Sherwood Bonney, Albert Balch, J. H. Wright, Ezra Meeker and William M. Kincaid. Frank Clark appeared for the defense. Various witnesses were sworn and gave their testimony, among them being Captain A. B. Rabbeson, who had been with the express party returning from Captain Maloney's camp east of the moun- tains, of which Moses and Miles had been members. It was shown that this party saw Leschi near his camp as they passed it, and that only a few minutes later they were fired upon, and Miles was instantly killed and Moses mortally wounded. No one had seen the Indians who actually fired these two deadly shots, but they were fired from an ambush near Leschi's camp, and probably from the same ambush from which McAllister and Connell had been killed.


6


THE RISE AND PROGRESS


This evidence was not shaken by the defense, which relied upon its claims that a state of war between the whites and Indians had existed at the time all these men had met their deaths, and that the prisoner could not be held for lives sacrificed in war.


The court charged the jury that if a state of war really existed at the time, and the deceased and the defendant were engaged on opposing sides, then the killing was not murder, and the defendant could not be held guilty. It was also pointed out that in Indian wars no formal declaration was usually made, but some act of war on one part or the other marked its beginning. It was for the jury, therefore, to determine whether an act of war, sufficient to be regarded as notice that war had actually begun, had been committed, and whether the prisoner, and the man killed, had been engaged in it, before the killing.


The jury retired for deliberation, and it was soon found that they stood eight for conviction and four for acquittal. Many ballots were taken with this result. Finally, after several hours spent in arguing and balloting, the jurors returned into court, and asked to be discharged. But the judge would not discharge them, and sent them back for further deliberation. Several other ballots were taken. At length ten voted for conviction, but Meeker and Kincaid still held out, and declared they would never vote to con- vict. They again returned into court. It was then near midnight, and the small courtroom, but dimly lighted with candles, was crowded with the expectant settlers who had remained to learn the result of the trial. There was almost breathless silence when the foreman announced that there was no hope of agreement, and the jury were dis- charged.


. 7


OF AN AMERICAN STATE


The excitement, which had been intense while the trial was proceeding, was now at fever heat. The jurors who had refused to convict, anticipated that perhaps some vio- lence, or indignity, might be offered them, but nothing of the kind happened. The settlers were disappointed, but they dispersed peaceably and went to their homes.


The judicial districts of the territory had now been rear- ranged, and Congress, in its wisdom, had provided that court should be held in only one place in each district. The next trial was accordingly held at Olympia, and began on March 18, 1857, Judge Lander presiding. About the same evidence was presented as at the former trial, and similar defense made. Public excitement was general and as keen as before, and the interest of the regular army officers, and Hudson's Bay people in the defendant even more apparent. The jury found the defendant "guilty as charged in the indict- ment, and that he suffer death."


Application for a new trial was made March 20th, but it was overruled. Lieutenant Kautz had by this time made a map of the ground on which the murder occurred, which showed, if it could be depended upon, that the defendant would have had to travel nearly twice as far as his victims had done after they had seen him, to reach the place where the tragedy occurred, and the defense asked for opportunity to present this to a jury, and show by it that it would not have been possible for Leschi to be present when the shooting occurred, but the motion was overruled. Leschi was then sentenced to be hanged on June 10th, following.


The case was now carried to the supreme court by writ of error, and the execution was accordingly stayed for the time being. The case was argued at the December term, before Justices McFadden and Chenoweth, the chief justice


8


THE RISE AND PROGRESS


being at the time out of the territory. The decision of the court was unanimous. The opinion, written by Justice McFadden, reviewed the errors assigned, at length, and overruled them, and Leschi was ordered to be again sentenced. This time the date of execution was fixed for January 22d, between the hours of 10 and 2 o'clock.


Soon after the sentence was pronounced a second time Leschi was sent to Fort Steilacoom for safe-keeping, and the army officers, Dr. Tolmie, and others of the Hudson's Bay people at Fort Nisqually, together with the prisoner's attor- ney, began to take active steps to secure a pardon. Governor Stevens, who had now been elected delegate to Congress, had resigned a month later, and Fayette McMullen of Virginia had been appointed, and installed as his successor. He gave a patient hearing to all the arguments made in the prisoner's behalf, by his attorney, and by Dr. Tolmie, who told at length the story of his acquaintance with him cover- ing a period of more than twenty years. Affidavits had been prepared by some of the army officers, in which it was represented that from an examination of the ground where the murder was committed it did not appear to be possible that the prisoner could have been present, if the party, with whom the murdered men were, had seen Leschi at the time and place it was claimed they had, by the witnesses for the prosecution. The pardon asked for was refused, and then other efforts were made for a respite. Among others, Colonel Casey himself wrote to the governor urging that it be granted, but it also was refused, and the death-warrant was finally issued, being addressed to the sheriff of Pierce County, within the jurisdiction of which the prisoner was, he being at the time in the custody of Colonel Casey at Fort Steila- coom.


JUDGE O. B. McFADDEN.


Was a justice of the supreme court of the territory from 1853 to 1858, and chief justice from 1858 to 1861. He then practised law until 1872, when he was elected delegate in Congress.


O PROGRES TADCEO BALIDE


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9


OF AN AMERICAN STATE


But the execution did not occur on the day fixed. When it arrived his attorney had prepared a surprise for all con- cerned, except those who were to help him to set the law at defiance by a mere trick.


Just before the hour fixed for the execution the sheriff was arrested by Lieutenant Mckibben, from Fort Steila- coom, who had been appointed a special deputy United States marshal for the purpose, on a warrant issued by J. M. Batchelder, United States commissioner, who was a sutler stationed at the fort, on a charge of having sold whiskey to Indians. The sheriff's deputy was also included in the charge and he, too, was taken into custody. They were held under guard until after 2 o'clock, when they were set at liberty, the time having passed within which the execution had been ordered to take place.


It appeared to those on the ground, both officers and citizens, that the sheriff and deputy were willing prisoners, and that they and the officers at the fort, and the prisoner's counsel had arranged the matter between them, for the pur- pose of delaying the execution until they could appeal to the president for a pardon, or commutation of sentence. Secretary Mason, who had gone to Steilacoom to see that the sentence was duly executed, was met by a messenger before he arrived there, who informed him that the sheriff had been arrested by order of Colonel Casey, and taken to the fort. He hurried thither and asked the colonel if this was true, and was informed that it was not. To further inquiries he replied that he had not refused a guard to be present at the hanging, but had ordered twenty men to be in readiness to attend if called for, and he stood ready to surrender the prisoner, who was in his custody, "upon demand of the prop- er officer, with a legal warrant from the court." He also




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