# Eleven years in the Rocky Mountains and a life on the frontier/Chapter 37

CHAPTER XXXVII.
1850-4. The Territorial law of Oregon combined the offices of Governor and Indian Agent. One of the most important acts which marked Lane's administration was that of securing and punishing the murderers of Dr. and Mrs. Whitman. The Indians of the Cayuse tribe to whom the murderers belonged, were assured that the only way in which they could avoid a war with the whites was to deliver up the chiefs who had been engaged in the massacre, to be tried and punished according to the laws of the whites. Of the two hundred Indians implicated in the massacre, five were given up to be dealt with according to law. These were the five chiefs, Te-lou-i-kite, Tam-a-has, Klok-a-mas, Ki-am-a-sump-kin, and I-sa-i-a-cha-lak-is.
These men might have made their escape; there was no imperative necessity upon them to suffer death, had they chosen to flee to the mountains. But with that strange magnanimity which the savage often shows, to the astonishment of Christians, they resolved to die for their people rather than by their flight to involve them in war.
Early in the summer of 1850, the prisoners were delivered up to Gov. Lane, and brought down to Oregon City, where they were given into the keeping of the marshal. During their passage down the river, and while they were incarcerated at Oregon City, their bearing was most proud and haughty. Some food, more choice than their prisoner's fare, being offered to one of the chiefs at a camp of ​the guard, in their transit down the Columbia, the proud savage rejected it with scorn.
"What sort of heart have you," he asked, "that you offer food to me, whose hands are red with your brother's blood?"
And this, after eleven years of missionary labor, was all the comprehension the savage nature knew of the main principle of Christianity,—forgiveness, or charity toward our enemies.
At Oregon City, Meek had many conversations with them. In all of these they gave but one explanation of their crime. They feared that Dr. Whitman intended, with the other whites, to take their land from them; and they were told by Jo Lewis, the half-breed, that the Doctor's medicine was intended to kill them off quickly, in order the sooner to get possession of their country. None of them expressed any sorrow for what had been done; but one of them, Ki-am-a-sump-kin, declared his innocence to the last.
In conversations with others, curious to gain some knowledge of the savage moral nature, Te-lou-i-kite often puzzled these students of Indian ethics. When questioned as to his motive for allowing himself to be taken, Te-lou-i-kite answered:
"Did not your missionaries tell us that Christ died to save his people? So die we, to save our people!"
Notwithstanding the prisoners were pre-doomed to death, a regular form of trial was gone through. The Prosecuting Attorney for the Territory, A. Holbrook, conducted the prosecution: Secretary Pritchett, Major Runnels, and Captain Claiborne, the defence. The fee offered by the chiefs was fifty head of horses. Whether it was compassion, or a love of horses which animated the ​defence, quite an effort was made to show that the murderers were not guilty.
The presiding Justice was O.C. Pratt—Bryant having resigned. Perhaps we cannot do better than to give the Marshal's own description of the trial and execution, which is as follows: "Thar war a great many indictments, and a great many people in attendance at this court. The Grand Jury found true bills against the five Indians, and they war arraigned for trial. Captain Claiborne led off for the defence. He foamed and ranted like he war acting a play in some theatre. He knew about as much law as one of the Indians he war defending; and his gestures were so powerful that he smashed two tumblers that the Judge had ordered to be filled with cold water for him. After a time he gave out mentally and physically. Then came Major Runnels, who made a very good defence. But the Marshal thought they must do better, for they would never ride fifty head of horses with them speeches.
Mr. Pritchett closed for the defence with a very able argument; for he war a man of brains. But then followed Mr. Holbrook, for the prosecution, and he laid down the case so plain that the jury were convinced before they left the jury-box. When the Judge passed sentence of death on them, two of the chiefs showed no terror; but the other three were filled with horror and consternation that they could not conceal.
​'Pritchett,' said I, 'so far as Meek is concerned, he would do anything for you.'
This talk pleased him; he said he 'war glad to hear it; and would go right off and write the reprieve.'
'But,' said I, 'Pritchett, let us talk now like men. I have got in my pocket the death-warrant of them Indians, signed by Gov. Lane. The Marshal will execute them men, as certain as the day arrives.'
Pritchett looked surprised, and remarked—'That war not what you just said, that you would do anything for me.'
Said I, 'you were talking then to Meek,—not to the Marshal, who always does his duty.' At that he got mad and left.
When the 3d of June, the day of execution, arrived, Oregon City was thronged with people to witness it. I brought forth the five prisoners and placed them on a drop. Here the chief, who always declared his innocence, Ki-am-i-sump-kin, begged me to kill him with my knife,—for an Indian fears to be hanged,—but I soon put an end to his entreaties by cutting the rope which held the drop, with my tomahawk. As I said 'The Lord have mercy on your souls,' the trap fell, and the five Cayuses hung in the air. Three of them died instantly. The other two struggled for several minutes; the Little Chief, Tam-a-has, the longest. It was he who was cruel to my little girl at the time of the massacre; so I just put my foot on the knot to tighten it, and he got quiet. After thirty-five minutes they were taken down and buried."
Thus terminated a tragic chapter in the history of Oregon. Among the services which Thurston performed for the Territory, was getting an appropriation of $100,000, to pay the expenses of the Cayuse war. From the Spring of 1848, when all the whites, except the Catholic missionaries, were withdrawn from the upper country, for a ​period of several years, or until Government had made treaties with the tribes east of the Cascades, no settlers were permitted to take up land in Eastern Oregon. During those years, the Indians, dissatisfied with the encroachments which they foresaw the whites would finally make upon their country, and incited by certain individuals who had suffered wrongs, or been punished for their own offences at the hands of the whites, finally combined, as it was supposed from the extent of the insurrection, and Oregon was involved in a three years Indian war, the history of which would fill a volume of considerable size.
When Meek returned to Oregon as marshal, with his fine clothes and his newly acquired social accomplishments, he was greeted with a cordial acknowledgment of his services, as well as admiration for his improved appearance. He was generally acknowledged to be the model of a handsome marshal, when clad in his half-military dress, and placed astride of a fine horse, in the execution of the more festive duties of marshal of a procession on some patriotic occasion.
But no amount of official responsibility could ever change him from a wag into a "grave and reverend seignior." No place nor occasion was sacred to him when the wild humor was on him.
At this same term of court, after the conviction of the Cayuse chiefs, there was a case before Judge Pratt, in which a man was charged with selling liquor to the Indians. In these cases Indian evidence was allowed, but the jury-room being up stairs, caused a good deal of annoyance in court; because when an Indian witness was wanted up stairs, a dozen or more who were not wanted would follow. The Judge's bench was so placed that it commanded a full view of the staircase and every one passing up or down it.
A call for some witness to go before the jury was ​on this occasion, as on all others, by a general rush of the Indians, who were curious to witness the proceedings. One fat old squaw had got part way up the stairs, when the Marshal, full of wrath, seized her by a leg and dragged her down flat, at the same time holding the fat member so that it was pointed directly toward the Judge. A general explosion followed this pointed action, and the Judge grew very red in the face.
"Mr. Marshal, come within the bar!" thundered the Judge.
Meek complied, with a very dubious expression of countenance.
"I must fine you fifty dollars," continued the Judge; "the dignity of the Court must be maintained."
When court had adjourned that evening, the Judge and the Marshal were walking toward their respective lodgings. Said Meek to his Honor:
​"Why did you fine me so heavily to-day?"
"I must do it," returned the Judge. "I must keep up the dignity of the Court; I must do it, if I pay the fines myself."
"And you must pay all the fines you lay on the marshal, of course," answered Meek.
"Very well," said the Judge; "I shall do so."
"All right, Judge. As I am the proper disbursing officer, you can pay that fifty dollars to me—and I'll take it now."
At this view of the case, his Honor was staggered for one moment, and could only swing his cane and laugh faintly. After a little reflection, he said:
"Marshal, when court is called to-morrow, I shall remit your fine; but don't you let me have occasion to fine you again!"
After the removal of the capital to Salem, in 1852, court was held in a new building, on which the carpenters were still at work. Judge Nelson, then presiding, was much put out by the noise of hammers, and sent the marshal more than once, to request the men to suspend their work during those hours when court was in session, but all to no purpose. Finally, when his forbearance was quite exhausted, he appealed to the marshal for advice.
"What shall I do, Meek," said he, "to stop that infernal noise?"
"Put the workmen on the Grand Jury," replied Meek.
"Summon them instantly!" returned the Judge. They were summoned, and quiet secured for that term.
At this same term of court, a great many of the foreign born settlers appeared, to file their intention of becoming American citizens, in order to secure the benefits of the Donation Law. Meek was retained as a witness, to swear to their qualifications, one of which was, that they were ​possessed of good moral characters. The first day there were about two hundred who made declarations, Meek witnessing for most of them. On the day following, he declined serving any longer.
"What now?" inquired the Judge; "you made no objections yesterday."
"Very true," replied Meek; "and two hundred lies are enough for me. I swore that all those mountain-men were of 'good moral character,' and I never knew a mountain-man of that description in my life! Let Newell take the job for to-day."
The "job" was turned over to Newell; but whether the second lot was better than the first, has never transpired.
During Lane's administration, there was a murder committed by a party of Indians at the Sound, on the person of a Mr. Wallace. Owing to the sparse settlement of the country, Governor Lane adopted the original measure of exporting not only the officers of the court, but the jury also, to the Sound district. Meek was ordered to find transportation for the court in toto, jury and all. Boats were hired and provisioned to take the party to the Cowelitz Landing, and from thence to Fort Steilacoom, horses were hired for the land transportation.
The Indians accused were five in number—two chiefs and three slaves. The Grand Jury found a true bill against the two chiefs, and let the slaves go. So few were the inhabitants of those parts, that the marshal was obliged to take a part of the grand jury to serve on the petite jury. The form of a trial was gone through with, the Judge delivered his charge, and the jury retired.
It was just after night-fall when these worthies betook themselves to the jury-room. One of them curled himself up in a corner of the room, with the injunction to ​the others to "wake him up when they got ready to hang them —— rascals." The rest of the party spent four or five hours betting against monte, when, being sleepy also, they waked up their associate, spent about ten minutes in arguing their convictions, and returned a verdict of "guilty of murder in the first degree."
The Indians were sentenced to be hung at noon on the following day, and the marshal was at work early in the morning preparing a gallows. A rope was procured from a ship lying in the sound. At half-past eleven o'clock, guarded by a company of artillery from the fort, the miserable savages were marched forth to die. A large number of Indians were collected to witness the execution; and to prevent any attempt at rescue, Captain Hill's artillery formed a ring around the marshal and his prisoners. The execution was interrupted or delayed for some moments, on account of the frantic behavior of an Indian woman, wife of one of the chiefs, whose entreaties for the life of her husband were very affecting. Having exhausted all her eloquence in an appeal to the nobler feelings of the man, she finally promised to leave her husband and become his wife, if he, the marshal, would spare her lord and chief.
She was carried forcibly out of the ring, and the hanging took place. When the bodies were taken down, Meek spoke to the woman, telling her that now she could have her husband; but she only sullenly replied, "You have killed him, and you may bury him."