, 1858-01-08
Opinion of the Court,
As DELIVERED BY Hos. O. B. McF ADpEN.


This case comes before us on writ Of
error to the Cd Judicial district. The pris-
oner has occupied position Of influence,
as one Of band of Indians, who in con.
nection with other tribes sacrificed the lives
of so many of our citizens in the war, so
cruelty waged against our people, on the
waters Of Puget Sound
1t speaks Volumes for onr people, that
notwithstanding the spirit of indignation
and revenge so natural to tho human heart
-incited by the ruthless massacre of their
families, that in the trial Of the accused,
deliberate impartiality was manifested at
every stage of the proceedings.
In the discussion of the grave questions
presented involving the life and personal
liberty of the accused, we are anxious that
none other than considerations Of public
justice, with due regard for the rights of
the accused under the law, should influence
US in the conclusions to which VIC may ar
rive Whether the accused he guilty or
innocent, it is to be regretted, for the
sake Of the accused as well as the future
peace Of the Territory, that a more summa-
the practice of the government, and in per-
feet consonance with the rules of nterna-
tional law had not been adopted.
This case, however, now devolves itself
upon this Court, and we are not disposed
to shrink from the obligations of duty.
1t is assigned for error
"lst. There is no legal Indictment in this,
to.wit: The term Of court at which, what
purports to be on indictment was found,
was unauthorized by law, and therefore H.
legal and void, and the Grand Jury who
found the same had no legal authority 10
inquire into the offence charged.
"2d. The verdict is contrary TO the evil
dence.
"3d. The court erred in overriding the
motion for new trial.
"4th. The court erred in overriding the
motion in arrest of judgment.
18th. The jury were not duly elected,
tried and sworn, according TO law, to try
the issue Joined in this: The oath required
by law was not administered to them"
In considering this case we shall reverse
somewhat the order Of proceedings as pre-
sented by the assignment of errors, and
shall examine the first error assigned In
connection with the second proposition dis
cussed by the counsel for Plaintiff in error,
under the fourth error assigned, to-wit;-
That the Plaintiff, in error, was entitled to
trial in the district in which the crime
was committed, which district should have
been previously ascertained by law.
In order to true eucidation of the case
it becomes necessary TO see by what author
ity and under what legislation the conrts OF
this territory have been organized, and the
extent Of their Jurisdiction.
1t is provided by the Organic Act Of the
Territory, passed by Congress and approx
ed March End, 1858: THAT the judicial
power of the Territory of Washington shall
be vested in a Supreme Court, District
Courts, and Probate Courts. The Terrific
ry to be divided into three Districts, and
District Court to held in each District by
one of the Judges of the Supreme Court
at such times and places as may be prescribed
By lat0.
The district courts to have and exercise
the same jurisdiction in all cases arising
under the Constitution Of the United States
and the laws of the Territory, as is vested
in the Circuit and District Courts Of the
United States.
Upon the organization Of the Territory
the first Legislative Assembly, in pursu-
ance of the Organic law, divided the Ter
ritory into three districts. The only one
necessary to be considered for the purposes
of this case is the Bird district, which was
composed of the counties Of Pierce, King,
Island, Claim, Jefferson and Whatcom.
Sec. 6, of this act-Page 44S, L. w.
Ty.-provdes that two terms Of the dis
trict court shall be held in each county,
every year, to-wit: For Pierce county,
commencing on the lst Mondays Of May
and November.
BY au act, passed subsequently at the
same session, the judges were assigned to
their respective districts. Under this state
of the law, courts were held and Judicial
proceedings determined by them up to Oc-
tober 1866, when the Justices Of the Su-