, 1857-03-27


cannot soy who next-some little time
after we got there he talked of Indian
shooting-Burns took gun out Of Indians
hand, and poured the powder out of the
pan-then spoke about shooting Indian
Capt. Maloney was moving against Yaka-
mas-22nd October started from Stella
coom-Indians gamble and sell their clothes
constantly.
Charles H. Mason, produced, sworn and
examined, says, That he knew the prisoner
in the fall of ls55-somc time in the month
of October of that year certain reports
about Leschi came to me-after Capt.
Hays marched, l sent a messenger for
Leschi-he was in my Office on 22d day OF
October-I considered him from his CON
duct before frendly-we told him Of the
reports-he promised to camp in town and
thanked us-he left on the oath October
Capt. Eaton's company was sent to look
for him as he did not come in-Capt. Eaton
commanded a company Of rangers-were
raised perhaps week before-scouts were
raised to watch those trails over the noun
tains-had known Leschi personally for
two years, though not by his name until
some time that fall-frst knew his name
when met him in buggy with DIR. Toll
mie.
And here the plaintiff rested and there
upon the said Leschi, defendant, to main
tain the said issue on his part, gave in evil
dence to the jury as follows, that is to
say
Andyelo ]. Bradley, produced, sworn and
Examined, says, Knows Leschi well-be-
came acquainted with him in fall, 1854
saw party of Indians on ConnelPs prairie,
coming back from Maloney's-as we rode
up men run into the bush-women could
not get away-wc called the men to come
out-two or three came out-the first In
dian Ia young Indian) rode up to us on
horSeback-Dr. Burns took the gun from
Indian-said it was Leschi-we rode on
| was the first to ride on--perhaps so or
IS yards in swamp when we were fired up
on--I looked around, saw Rabbeson and
Miles back Of me--tried to see Indians
could not because of smoke rising from
their guns-then DR.. Burns and Bright
came rushing on, Fastening to get out Of
swamp-Dr. Burns whipped my horse-we
rode as lively as we could-road so narrow
Bright could not get by, to go ahead-we
rode on IL to miles when Mr.. Moses said
he was wounded and should fall off his
horse-I stopped my horse-he felltowards
me as he came up-I caught him and oar-
ried him of. the road-said he was shot
through Just below the heart-I had just
got up the hill some so to IS yards when
Rabbeson and Tidd came up-and said
Mr.. Miles was killed-Mr Moses then
asked us for some waterfall he said was
to Mr.. Rabbeson and myself, who were
the last to leave him--he said Boys save
yourselves, and if any Of you are saved, re
member me."-said he wouldn't live-wC
then left him aud in two days and nights
got into Steilacoom-I could not soy how
many Indians on horseback when we irst
came up-they got out of the way-I have
recognized the place spoken OIL did moi
see Leschi there--I came here in the fall
l854-cattle were left behind-I went af
ter hem-could not get across the Puyal
lup with them-Leschi came and helped
me over-I, my horse and cattle were go
ing down stream--I saw him since a yeal
;, afterward at Olympia-he knew me anC
spoke of it.
l was ahead Of Rabbeson when first at
tackled, some so yards-afterwards distaRcl
increased-it was cloudy day, towards
sunset-about Is or 20 minutes after w
left them were fred on--about sundowu
about 20 minutes to ! hour after we me
the Indians we were fired on---I was neal
enough to recognize them.
1 saw Rabbeson talking with Indians
two men on orseback-neither Of then
was Leschi-the question he asked Of the
} Indians was, as to the people living in vi
cinity-one of US, perhaps Tidd, asked
about ConneRs house-they said they sup
posed Eaton's company camped there and
burnt itAsaid there were four BostonS on
the Puyallup.
Gross E1amination.-Where was Moses
when shot2
/ suppose in swamp-no other shots
fired except in swamp he spoke of mile
or ! miles off.
l spoke of its being in the fall Of '54 |
talked with Lesch here-it was in the
spring D.
A. J. Simmons, produced, sworn and ex-
amined, says, Me and Mr.. Rabbeson had
conversation one-day going from Mr..
Smiths to Camp Montgomery asked
him if he saw Indians in the swamp-un-
derstood him to say be did not know any
Of them-was not close enough to distin-
guish-he said nothing Of his acquaintance
with Leschi at that time or any other
time.
Dr.. VIM. F. Tolnie, produced, sworn
and examined, says, Knew the prisoner
since lS33-lived on the Nisqually Plains;
never knew him to live near Eaton's-that
prairie not considered to be his landLcon-
sidered other Indians-came here in I843
-Leschi was pointed out as the particular
friend of the shepherd Americans
came never knew him to be unfriendly un-
til July, 1856, when knew him to be dis
satisfied about the treaties about the res
ervation-he wanted to go to Olympia to
u