Illustrated history of Stevens, Ferry, Okanogan and Chelan counties, state of Washington, Part 14

Author:
Publication date: 1904
Publisher: Spokane, Wash. : Western History
Number of Pages: 992

USA > Washington > Chelan County > Illustrated history of Stevens, Ferry, Okanogan and Chelan counties, state of Washington > Part 14
USA > Washington > Ferry County > Illustrated history of Stevens, Ferry, Okanogan and Chelan counties, state of Washington > Part 14
USA > Washington > Okanogan County > Illustrated history of Stevens, Ferry, Okanogan and Chelan counties, state of Washington > Part 14
USA > Washington > Stevens County > Illustrated history of Stevens, Ferry, Okanogan and Chelan counties, state of Washington > Part 14

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In tracing the history of Stevens county it again becomes necessary to revert to the period when it enjoyed a commonwealth existence under the name of Spokane county. The first meeting of the board of county commissioners was held May 8, 1860. The records show that all members of the board and the auditor, R. H. Rogers, were present. It will be remem- bered that the bill providing for the formation of Spokane county named one Douglas as county auditor, and R. H. Rogers as treasurer. It appears that a change, or transposition of these officers was made whereby Mr. Rogers assumed the duties of auditor and Mr. Doug- las became treasurer. At this initial meeting the board established an election precinct at Pinkney City, the place where the county com- missioners first met, and which was supposed at the time to be the county seat. Of this elec- tion precinct Charles Miller and Cyrus Hall were appointed inspectors, E. Averill and C. L. Thomas, judges, and Henry Lafleur, clerk. An election precinct was also established at the mouth of the Pend d'Oreille river, of which John Bolonge and James Smith were appointed

inspectors, and Richard Frye, Rich and Rouse, judges and clerk. Notices of election were ordered posted, and Joseph L. Houck was named as a road supervisor. This is all that appears of record at the first meeting of the Spokane county commissioners, and the pro- ceedings were signed by R. H. Rogers as clerk of the board.

On August 4. 1860, another. meeting was held which adjourned to meet on the 8th inst. There appears to have been an election previous to this meeting, but there is no record of it other than is shown in the board proceedings. The meeting is dated Pinkney City, August 8, 1860, and shows that there were present I. W. Sea- man, James Hayes and George Taylor, as com- missioners, and Taylor was elected chairman of the board. The following officials, supposed to have been elected at the interregnum election, presented their bonds which were accepted : R. H. Douglass, treasurer; Cyrus Hall, justice of the peace; John Gunn, assessor. The board es- tablished grocery licenses (properly saloon li- censes) at $200 per annum, and for billiard tables and bowling alleys, when conducted in connection with the "groceries" at $30 per annum. By application licenses were then granted to Messrs. Chamberlain & Walker, Seaman & Company, James Hayes, and Bige- low & Lynch to retail ardent spirits in Pinkney City; also license was granted to Bigelow & Lynch to keep a billiard saloon. The record is signed I. W. Seaman, chairman.

At the following meeting of November 6, 1860, George Taylor appears as chairman and J. R. Bates, clerk. The principal business transacted was the granting of licenses as fol- lows: John Nelson, P. Stergenacker & Com- pany and R. H. Rogers to retail ardent spirits in Pinkney City for six months : J. W. Crow and Wheelock & Company to conduct the same business near old Fort Colville, for six months, and to Seaman & Company to keep a bowling alley in Pinkney City for six months. The fol- lowing day the commissioners proceeded to bal-

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lot for their respective terms of office. George Taylor drew the one-year term, James Hayes two years, and I. W. Seaman three years.

At the following meeting of the board, December 8, 1860, Commissioner James Hayes reported to his colleagues on the board that Messrs. Allen & Juet had been guilty of retail- ing liquors without passing through the for- mality of securing a license. L. Hilbord ap- peared as a witness, and having been duly sworn testified that he had been in the establish- ment of the parties complained of, and drank liquor ; the last time being on the day on which he testified before the board. He added that the house was quite disorderly owing to the many men within who were drinking and carousing. Allen & Juet at that period resided in the lower part of Pinkney City. No action appears to have been taken in regard to this matter. A license was granted to Joseph Ladoux to con- duct a ferry on the Columbia river, opposite the mouth of Kettle river, for the term of one year. The rates of ferryage prescribed were: Pack animal, $1.25; man and horse, $2; loose animals, $1 each; footman, 75 cents; freight, per ton, $5. Thomas Ferrill was recommended to the board for constable of Pinkney precinct, and appointed as such.

December 15, 1860, the county commis- sioners assembled at Pinkney City and pro- ceeded to locate the first county road, after they had appointed B. F. Coppage as road super- visor. It is described as follows : Commencing at the ferry on the Columbia river opposite the mouth of Kettle river; running thence to Peter Gurrie's, at the foot of the hill in as near a straight line as practicable; thence following the present wagon road, as near as convenient, to Pinkney City; thence following the govern- ment road to the bridge at "old Pears," leaving the present wagon road at, or near, the bridge, and following an old Indian trail bearing to the right and intersecting the old road running up the valley near George Muce's claim; running up the old road as near as practicable to where

the old pack trail leaves the wagon road to cross Mill river; turning to the right; following said pack-trail, or as near to it as convenient to strangers; running from thence along the pack- trail to the Spokane.

A branch road, located at the same meeting is described thus: "Leaving the county road near Louise Matt's house, down the side of his field to the southeast corner of his fence; thence running through the swamp to old Marcus' house; thence down the lane from Marcus'; running below Alexander Muriejoe's field; thence along the old road to George Taylor's ; thence up the side hill, leaving the old road to the right, to F. Muriejoe's; thence following up the old road, intersecting the county road where it comes down the hill near George Muce's claim."

At the same meeting, on application by peti- tion of the citizens of Pinkney City, the com- missioners appropriated $100 for the construc- tion of a public well in Pinkney City, to be paid on completion of the well. The board appointed James Hayes to superintend the digging of this public improvement.

April 10, 1861, it appears that James Hayes had left the county and the commissioners ap- pointed in his place Robert Bruce to serve as county commissioner until the next general election. The board, also, purchased of C. R. Allen, for $500, a house and lot to serve as a court house. The following day T. J. Demerce was appointed assessor for Spokane county, in place of John Gunn who, it appears, had been elected but failed to qualify. I. W. Seaman tendered his resignation as commissioner, and the same was accepted. At the meeting of May 6, W. D. Bigelow was appointed commissioner to succeed Mr. Seamon. For county purposes a tax of four mills on the dollar was levied. The board then proceeded to divide the county into election precincts, as follows : Precinct No. I- Pinkney City, including all that portion of Spokane county east of a line running due north and south from the west side of F. Mar-

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cus' claim, "and that the place of voting shall be Pinkney City, at the court house." Precinct No. 2-Kettle Falls precinct : All that portion of Spokane county west of the west boundary of Precinct No. I. The judges of the next election shall be, for Precinct No. I, as follows : T. J. Demerce, Thos. Stranger and Thomas Ferrill. For Precinct No. 2, Wheelock, Don- ald McLoud and J. W. Crow. The board di- vided the county into road districts as follows : Road district No. 1-All that portion of Spo- kane county lying north of a line running east and west through the government brick-yard. Road district No. 2-All that portion Of Spokane county lying south of said division line. John Duplissis was appointed super- visor of road district No. I, and Charles Mont- gomery of No. 2.

July 8, 1861, a general election was held, but the result was not made a matter of official record. July 18, 1861, two of the new board of county commissioners met, L. Richardson and Thomas Stranger, and adjourned to meet July 20, at which time we find the two commis- sioners mentioned in session with J. R. Bates, as clerk. Richardson drew the one year, and Stranger the two year, term.

At the meeting of November 21, 1861, R. H. Rogers presented a bill for $128.92 for fees as deputy treasurer, which was accepted and ordered paid. The books of R. H. Rogers were examined and found correct. Then the board declared the office of county treasurer vacant, owing to a defalcation of $565.50, county money, and requested R. H. Rogers to serve as county treasurer, which he did. No other meeting of the commissioners appears to have been held until May 5, 1862, when voting pre- cinct No. 3 was established, comprising all that portion of precinct No. I lying south of a line running east and west, one mile south of Hubbard's house, to be known as the Spokane precinct ; the election to be held at some con- venient place at the mouth of the Spokane river. July 24 we find John U. Hofstetter and Robert

Bruce taking the oath of office as county com- missioners, Bruce being selected as chairman. The following day the late treasurer, R. H. Douglas, appeared before the board for final settlement. He presented order No. 2, which had appeared on the treasurer's books as hav- ing been returned while the treasurer's books were in the hands of R. H. Rogers, deputy treasurer, and paid twice, through a mistake. Douglas was credited with the amount of the order, $21.50, and he then presented an order approved by the district judge for services as grand juror, for $59.60, with which additional amount he was credited. In the final settlement with Douglas there was found to be a balance of $394.12 due from him to the county, for which sum the commissioners made a formal demand, through the new treasurer, as follows: :

R. H. DOUGLAS,

SIR :- In behalf of the county I demand of you the sum of $394.12, the balance due from you to county as per treasurer's and auditor's books. By order of the Board of County Commissioners.

J. R. BATES, Treasurer. Pinkney City, W. T., July 25, 1862.

The treasurer was instructed by the board that no interest should be charged Mr. Douglas should he make settlement with the county, which he did, August 2, 1862.

In the year 1860 the first election was held in the original Spokane, afterward Stevens, county. County officers were chosen, but for some reason a representative to the Territorial legislature was not selected. Concerning a tragical event connected with this matter Mr. F. Wolff says :

"Desiring to have a representative some of the settlers got together and named Mr. H. W. Watson, (who was commonly called Judge Watson) for our representative. We made up a purse to pay his expenses, and late in the fall of 1860 Mr. Watson, who was a carpenter in the government's employ, started out on a cayuse for Olympia. The irregularity of his selection as representative restrained him from

HISTORY OF NORTH WASHINGTON.

serving in this capacity, but he was given a po- sition as door-keeper in the lower house, which position he retained during the session. In the spring of 1861 Judge Watson started on his return trip to Pinkney City. Weeks passed, but the judge failed to put in an appearance. At that period I was sheriff of the county, and becoming alarmed at the non-appearance of Judge Watson I wrote to parties at Walla Walla in regard to his whereabouts. I received word that he had left Walla Walla several weeks before on his return home.

"I then suspected foul play. Accompanied by my deputy, George Waet, and my inter- preter, Thomas Stranger, I set out on the trail to the south country. As I went along the trail I made inquiries, and from some French settlers I learned that Indians in the neighbor- hood had a horse which they believed to be Watson's. At a place where Chewelah is now situated I found Watson's horse and saddle in possession of the Indians as the Frenchmen had told me. These natives said that they had won the horse and saddle from a Spokane Indian by gambling, and gave me a description of him. WVe then proceeded to the camp of the Spokanes, a short distance this side of Spokane Falls, but were unable to find the Indian for whom we were looking. We saw the chief. however, and laid the matter before him. From our description of the suspected man the chief recognized one of his subjects whom he had, before, suspected of crime. He said the man in question was keeping company with a young girl of the tribe, and had made her a present of a piece of chain, and that he had refused to state where he had secured it. I interviewed the girl and saw the piece of chain, which I at once recognized as having been Watson's. . 1 again laid the matter before the chief, and he called the suspected man up before us. At first the Indian denied knowledge of everything, but finally owned up that he had murdered Watson for his watch and chain and pony. He said that he had thrown the rest of the chain and

the watch into the brush along the Spokane river, and after a short search we found them.

"This was in May, 1861. Accompanied by one of the chiefs of the tribe and a number of braves, we started on the return trip to Pink- ney City with the self-confessed murderer. At a point between what is now Springdale and Walker's Prairie, the culprit pointed out the spot where the murder had been committed. We had no trouble in finding the body of Judge Watson, which was in a bad state of decomposi- tion. We dug a grave, buried our friend and marked the spot with a slab. Then we left the Indians and pushed on with our prisoner. I well remember our arrival home. It was about five o'clock in the afternoon, and we im- mediately gave the prisoner a preliminary hear- ing before Judge Hall, who was then justice of the peace. The whole settlement was present at the trial. The Indian admitted the crime, and was bound over to the higher court. which in those days convened only once a year. As- sisted by the deputies I was about to take the prisoner to jail, when we were seized by the crowd who had gathered to witness the trial. While a few of them held us the remainder took our prisoner and hanged him at Hof- stetter's gate, opposite the court house, in what was then Pinkney City, near old Fort Colville.

"Watson was between fifty and fifty-five years old, and came here from Massachusetts. Although we made inquiry we were unable to learn anything of his past history, nor were there any papers in his possession which gave any information of relatives."

While Colville, or more properly Fort Col- ville, was recognized as the capital of Spokane county, under the old regime, Pinkney City was the county seat de facto. All proceedings of the county commissioners were dated at Pink- ney City. The Territorial act of January 17. 1860, located the county seat "temporarily on the land claim of Dr. Bates." Subsequent acts of the Territorial assembly made mention of "Colville" as the county seat, and thus it be-

HISTORY OF NORTH WASHINGTON.

came recognized throughout the judicial dis- trict. But there was no "Colville" in existence. In view of this fact Mr. John U. Hofstetter and others, in 1880, platted a townsite three miles southwest of Pinkney City, named it Col- ville, and thus it became the county seat, ac- cording to the recognition of certain Territorial acts, abolishing Spokane, and organizing Stev- ens county. The county records were brought to Colville from Pinkney City, and since that time the former place has remained the capital.

The first term of the district, later called the superior court, was held in Pinkney City in June, 1862. . Hon. J. J. McGilvra, now a resi- dent of Seattle, was at that period United States district attorney, and in company with Judge Oliphant, Salucius Garfielde, Shell Fargo and Charles Allen, he left the Walla WValla military post and started for Pinkney City to hold court. The equipage of the party comprised a pair of ponies, a wagon and two riding mules. The only residents, aside from nomadic Indians, along the two hundred and ten miles were one ferryman at the crossing of the Snake river, and another at the Spokane crossing, eighteen miles below the present east- ern metropolis of Washington, Spokane.

Two small fly tents which the judicial party carried along with them, and traveling commis- sary stores, furnished forth hotel accommoda- tions along the entire route. To a limited ex- tent Garfielde understood the mysteries of the cuisine, and he was chosen cook, supplied only. with the meagre culinary utensils of a frying pan and coffee pot. Garfielde broiled bacon on sharpened sticks before the fire and baked bread in the frying pan. Buffalo chips were em- ployed for fuel, and the coffee was settled with cold water. It is the published testimony of Mr. McGilvra that the "bread, bacon and coffee on that trip had a relish that has seldom been the good fortune of the writer to enjoy." At that period the regular garrison of Fort Col- ville, mentioned elsewhere, was en route. for the seat of war in the south, its place having

been supplied by two companies of volunteers recruited from the California, Oregon and Washington penitentiaries. The party met these troops at Medical Lake. Mr. McGilvra says that the officers had with them some good commissary whiskey, and the judicial party were invited to partake of the same, which they did, "unanimously." The teamster of the out- fit, Shell Fargo, managed to imbibe rather more than his just proportion of the whiskey, and soon after parting with the soldiers he up- set the wagon, depositing two of his passengers, Judge Oliphant and Salucius Garefielde on the ground. It is stoutly maintained by Fargo that Garfielde, who was smoking at the time, never lost his hold of the pipe, nor missed a puff dur- ing the whole catastrophe. The case was other- wise with Judge Oliphant ; although not seri- ously injured he was badly shaken up and his nerves considerably unstrung.

The military post at Fort Colville furnished quarters for the "court." The pro tem clerk of court, appointed by Judge Oliphant, was Park Winnans, and on the spur of the moment the sheriff of Spokane county summoned grand and petit juries. The impromptu "term" com- menced. The fact that any court at all was to be held had not been extensively advertised, and in consequence of this oversight there was not a case on the docket, in short, there was no calendar in which to enter a case. So the community good-naturedly began to manufac- ture cases. It is a well-known fact in legal practice that a community of lawyers will al- ways brew business; that it takes two lawyers to impart an impetus to litigation in any place ; that where there an abundance of legal advice there will, invariably, be found clients to pay for the same. Thus it was at Pinkney City. It appeared to be the disposition of the people to make the best showing possible-as litiga- tion was a rarity, in short, a luxury-and so encourage other visitations of the "court." The grand jury immediately "got busy" and proceeded to indict everyone suspected of a

HISTORY OF NORTH WASHINGTON.

crime and, it might be said, almost every one capable of committing a crime against the peace and dignity of the Territory of Washington. So anxious were the people to keep the wheels of justice moving that they came freely into court, waived pro- cess of service, made up their issues on the spot, and jumped head foremost into trial. The grist of this judicial mill was the settling of a number of civil cases, several convictions under the criminal law, three divorces, and the accumulation by McGilvra and Garfielde of $750 apiece. Shell Fargo carried off his re- ward in the shape of an appointment as United States marshal.

During this initial term of court the party visited the Hudson's Bay Company's "Fort" Colville, fifteen miles north, then in charge of Angus McDonald. At this period the principal fisheries of the Columbia river were at this point, and here the Indians came to lay in their season's supply of salmon. At the time of the visit of this party several acres of ground were occupied in drying out the fish.

The reader must not jump to the hasty con- clusion that this primitive method of conducting law courts was sui genesis in the various states of the union. Far from it. There was good faith shown in every legal procedure in Spo- kane county, and force of circumstances alone prevented a more elaborate and technical pro- cess of executing the law of the land. Over in Montana, at the same period, law had been abandoned, or rather never inaugurated. The vigilance committee reigned supreme, and no less than fifty-five desperadoes, outlaws and "road agents" were lynched under the rude semblance of law instituted by the Vigilantes. So far as jurisprudence was concerned the set- tlers of Spokane county kept themselves within the Territorial statutes to the fullest extent compatible with the spirit of the times, the long intervals between terms of court and the vast distances between the municipal and coun- ty jurisdictions. The majesty of the white

man's law, as will be seen from Sheriff Wolff's account of his capture of the murderer of Judge Watson, appears to have been recognized by the Indians, more especially by the Spokanes. Accompanied by one deputy and an inter- preter, Wolff went down into the midst of that tribe, and brought the prisoner to punishment, if not to strict legal justice. The Indian mur- derer had confessed; the next term of court was a long ways off; expense to the county could be saved by summary proceedings, and the Indian was lynched. But consider the thousands of whites and negroes who have suffered from this kind of lawlessness since that time in various portions of the United States, surrounded by all the adjuncts necessary for swift retribution at the hands of legally con- stituted authorities! We make no plea in be- half of lynch law, but the surrounding circum- stances should be given due weight by the can- did and impartial reader. The fact that this Indian murderer was so readily given up to Sheriff Wolff by the chief and other members of the tribe of Spokanes, naturally awakens comment. For this credit must be given to the methods of the Hudson's Bay Company. It had inculcated in the simple minds of these sav- age Indian tribes a wholesome respect for the white man's law. Dr. Mclaughlin says :

"A strict discipline was imposed upon the officers and servants of the Hudson's Bay Com- pany. The officer in charge of a post or party was alone authorized to deal with the natives. Interference with their women ( the so frequent cause of trouble between the Indians and the whites) was stictly forbidden and rigorously punished. Spirituous liquor, that curse alike to civilized and savage, was never taken into the Indian country, save the one gallon of brandy and two gallons of wine annually furnished each post for medicinal purposes. By a judi- cious system of penalties and rewards the In- dians were taught to speak the truth and re- spect their promises. Theft or murder was never suffered to go unpunished. Tribes as

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well as individuals were stimulated to industry and good behavior by suitable presents and distinctions. If a theft or murder was com- mitted the tribe to which the offender belonged was held responsible and required to deliver him up for punishment. If the tribe hesitated or delayed, trade was withdrawn until the thief was surrendered. If the tribe refused to give up a murderer, war at whatever cost was waged until full satisfaction was obtained."

The question of roads was one of the most important which came before the board of county commissioners of Spokane county in these early days. Reference to local laws of 1861-2 shows that J. R. Bates, who was a member of the Territorial assembly, was au- thorized to construct a bridge across the Spo- kane river, at the crossing of the road from Walla Walla to Colville. The following were also appointed as ferry-keepers : D. W. Litchen- thaler and John C. Smith, across Snake, op- posite Powder river ; to Green White and C. R. Driggs, across Snake, at the mouth of Grand Ronde river; to John Messenger and Walter H. Manley, across Salmon river on the Nez Perce trail to Fort Boise. Rates were generally fifty cents for individual foot passengers, loose cattle fifty cents a head; two-horse wagons $2.50; four-horse wagons $3.50; six-horse wagons $4.50; horse and buggy $2.25; pack animals seventy-five cents. To the writer ex- Sheriff Francis Wolff said :

"In the spring of 1853 a party of one hun- dred and twenty men under the command of Lieutenant Saxon started out from The Dalles, and of this party I was a member. We were to join forces with Governor Stevens, who was then in Montana with his surveying party. In the fall of that year we met Governor Stevens' party at Benton, Montana. Then in the sum- mer of 1853 the whole party crossed the Rocky Mountains and went into camp at Missoula. The first wagon was brought over in the winter of 1854 by Captain John Mullan.

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Illustrated history of Stevens, Ferry, Okanogan and Chelan counties, state of Washington, Part 14

Author: Publication date: 1904 Publisher: Spokane, Wash. : Western History Number of Pages: 992

Author:
Publication date: 1904
Publisher: Spokane, Wash. : Western History
Number of Pages: 992