, 1856-11-28
eschi, Quiemulh, etc.

az also, many perversions Of truth connected with
the surrender and killing Of Quemuth, half brother
to Lesch, and the reputed murderer Of Lieut.. ANEs
McALLIsTER, Of Capt. EAToSs company Of rangers,
which occurred over year ago, we have taken some
trouble to ascertain the facts in both cases and are
led to believe that what follows is mainly correct
I.esch, with a very few followers, had for some
time been secludedly encampcd on the upper Nsqual
ly and Thursday the 18th inst, per arrangement,
two Indians, Sluggy and Elikuk-ah, having ascer'
tanned his Whereabouts visited his camp After re-
naming shcrt time, they decoyed him of some dis
tance, TO the place where they had secured their
horses when they suddenly pounccd upon, him,
and placing him one Of the horses, carried him
that night a captive to Steacoom, where he was de-
livered to Mr.. S. S. FORD r who for sonc time
previous had in charge the making Of arrangements
TO bring about his apprehension. Next day, (the
l4th) Mr.. FORD arrived here with the prisoner and
surrendered him to governor STEVENS At this time,
the regular term of the L. s. district court for Pierce
county had been brought to a close but a. judge
CHENOwETH had not then left for his home in Island
county, governor STEVENS Immediately sent an eX.
press to him at steilacoom, informing him OF the
capture Of Lesch and suggesting to him the propre-
ty Of calling special term of the court in order that
he might have his trial at once-no murders having
been laid to his charge in this, Thurston county.
With this judge CHENOwETH cheerfuly complied
and on the 10th Leschi remanded 10 Steilacoom,
and on Monday, the 18th, bis trial was commenced
and concluded. The case was submitted, the jury
charged and retired at o'clock in the evening and
after consultation Of Eve hours, being unable to
agree upon verdict, were discharged. It Is under
stood that nine of the jury in favor Of convctng,
and three for acquittal.
The indictment found against Ieschi, was for the
murder of Col, A. B. MOSES on the 3lst Of October,
1855, who. it is well remembered by citizens, in
company with Mr.. JosEPH MILES, (who was murder
ed on the same day.) Messrs. A. B. RABBEsON, TIDD,
BRIGHT, BRADLEY, and DR.. BuRNs, were on their way
in with an express from the commands or captains
HAYS, MALoNEY and SLAUGHTER, who were then re-
crossing the Cascade mountains.
J. S. SMITH, esq, and FRANK CLARK, esq, eonduc-
ted the prosecution, and H. II. CRosBIE, ESQ., and wM.
II. WALLACE, esq, appeared for the defense. Both
sides, we are told were ably argaed and no disposi-
tlOn was manifested to take any undue advantage Of
the priscRer by opposing council. The only evidence
adduccd in any way favorable to Leschi, thst Of
nr TOLMIE (chicf factor Of the Hudson Bay com.
pany at Fl Nisqually,) and the Indian Sluggy. DR..
T. testified that previous to the breaking out Of the
war, Lesch was, and always had been, good Indian
friendly to the Bostcns, &c. slugqy testified that he
was present when NOSES and MILES were killed, and
that he Grt'c at that time Lssch ras on the other side
cfhs Cascades. This evidence, we believe had but
little weight with the jury asst is well known that
he. 0eschi) was in Olympia on the 9th q 2sth Of
October, and those murders were committed on the
3lst Of that month.
The evidence on the part Of the prosecution was
pOsitivs and with the exceptions as above stated,
that Of the defense fully eoroboted that Of the pros
ecution throughout. Not one Of the witnesses that
was examined, with the exceptions referred TO, ex.
pressed doubt as to the guilt Of the prisoner as
charged.
The evidence Of A. B. RABBEsoN, ESQ.,, was conclu-
siye and to the point. He testified that the Slst
Of October 1856 the day which the party were at
tackled aud MessTs. Moses and MILES were murdered,
he saw Leschi, Quemuth and another Indian issue
from the brush, and take position in the road in
front OF him, at distance Of not to exceed thirty
Eve forty feet that then and there Leschi deber-
ately levelled his gun at him and fred that imme-
diately afterwards either Quiemuth the other In
dian fired that he had known Leschi for years, and
could not be mistaken in identifying him. This is
precisely what Mr.. RABBEsoN has stated all
sons from first to last since the murderous encounter
the party to which he belonged received from the hos
tile Indians over one year ago.
The failure Of the jury to agree upon a verdict,
with the character Of the evidence before them we
are informed, created general surprise. The attor-
neys for the prisoner expressed doubt but that he
Nouiu oe Voivi''eu "nu mercy spolsu 70 u'sVnIse
Wy 'u'pO-.u W., 'ueui PiO,e'9lvi4y aIu I"use
= sA'u y nav Dee s'oi'Hvu "ie" OH
eoneiuoiis ms 'nuise' ne was in'Oiineu 'na' was
necessary V S,e1i 'ie 0oui' rOOH' e1Pe''ns 'ua'
'elu''' VI S1"'' "Ouu Oe P'O"OuH''u "Oii '"e jury
0OA'
US NOT our oaslhess 70 question ue motives OF
tnose tha' hung tne jury HS the opuioh OF some
WIN Wnom We nave cohVerSed' tnat haa tney peen
detained uhu morning tney would nave brought IN
verdict oil gully others incline 70 thnk that repug-
nanee 70 eapiti punishment hao some'hing 10 DO IN
preventing an agreement ana not 'ne existence OF
any dounts as 10 the prisoners gu'it whist olhers
aver 'ha' was 'ne ue'e',hi"Suo" Vi 'nOse 'n" huhs
IheJufy' 'hA' Lesei sn'uu no' De pronounced gu'y'