, 1857-12-25
Proceedings Of the Supreme Court.
December Term, 1851,


ent.-Assocate Justice 0. B. McFADDEN, of
the nrst Judicial District, Associate Justice F. A.
CHENowErn, of the third Judicial District.
-Abssnt-Chef Justice EDWARD LANDER, of the
second Judicial District. Judge 0. B. McFADDEN,
presiding, B. p. ANDERSON, Esq, Clerk pro ten.
MONDAY, December It'll, 1857
Leschi, ian Indian) plt in error. VS.. Territory of
Washington, det. in error. Error to "a judicial dis
trict. f. Clark and VIM Strong for plaintiff, This
cause was called and prosecuting attorney being
present. Messrs. B. T. KENDALL and B. p. ANDERSON
appointed by the court to appear for the term
Wednesday was fixed as the day for the assignment
of errors by the plaintiff in error
TUESDAY, Dec 7th, 1851.
John Reagan, plaintiff In error, vs. Territory OF
Washington, deft. in error, Indictment for murder
Error to third Judicial District. D. F. Kendall and
B. p. Anderson for plaintiff in error. F. Clark and
W. H. Wallace for deft. in error
The plaintiff was ordered to GIe an assignment Of
errors on Thursday.
WEDNESDAY. Dec. 9Th, 1857.
Nesqually Mill Co., plth in error, VS.. James s.
Taylor, deft. in error. Error to I'd Judicial District
Confirmation Of plaintiffs sale. On motion of D. F
Kendall, the SALE heretofore made by the plaintiff,
and proceedings thereon were examined ard the sale
confirmed, and order issued to tie sheriff. authori
zlng and requiring him to make proper deed to the
purchasers.
Leschi, pitt in error VS.. Territory of Washington,
deft in Counsel for plaintiff filed their assign
ment of errors and the cause was set for argument
on Friday next.
THURSDAY, Dec. 10th, 1857.
John Regan vs.. Territory of Washington. The de.
iendant by counsel moved the court to dismiss the
writ Of error in this case because there is no final or
der or judgment on record in the case. After dis
cussion by counsel, this molten was granted, and the
remanded to the court below to proceed to udg
ment, &c.
FRIDAY, Dee. IL, 1857.
Leschi's case was brought up for argument to-day.
The argument in the case was opened by +. Clark,
for the plaintiff, and B. p. Anderson for defendant.
This opening argument consumed the time Of the
court for the day. We did not hear nor have we been
furnished with minute Of all argument and there
fore cannot furnish it.
SATURDAY, Dec. II, 1857.
The argument was closed in Leschi's case to-day
by B. F. Kendall for the Territory and wm Strong,
for plaintiff The day was again consumed by the
argument, and we were unable to give sketch of it
for the reasons given above
/ Monday, Tuesday and Wednesday following, the
court actively engaged in investigating and de-
liberating upon Iesclis case, and preparing their
opinion thereon.
THURSDAY, Dec. II, 1857.
An elaborate, able and wellddigested opinion was
read in Leschis case by Hon. o. B. McFADDEN, act
ing Chief Justice. The court room was crowded. and
the audience gave marked attention to the opinion
At the earliest possible moment we will give this opn
ion in FULL that all our citizens who feel the deepest
interest in the matter may judge for themselves Of
its juitness and merits.
JUDGE CnESOwRTH also delivered a short opinion
in the Of Reagan, plaintiff in error vs. Territory
Of Washington deft in error, remandng the prisoner
into the custody Of the sherii Of Jefferson county to
abide the decision of the court below. This opinon
was simply granting motion to dismiss the writ Of
error we said in our last weeks issue.
| Royal C. Smith vs. Franklin Kennedy. Error to
I'd Judicial District-Civi suit to recover personal
property. Continued by consent Of COUNSEL
FRIDAY, Dec. lSth
Leschi was brought into court, and sentence Of
death pronounced upon him through Col B. +. SHAW,
who was sworn Interpreter. He received his sen.
tence without emotion. The day fixed for his cxecu-
tiOr is Friday, the 22d day Of January, 1858.
On Saturday, the Court closed its session and ad.
journed.