, 1860-06-15
AFFIDAVIT OF LYMAN A. CUTLER.
Territory of Washington,
County Of Whatcom.

County Of Whatcom.
Lyman A. Cutler, being duly sworn, de-
poses and says: That he has been a resi-
dent of San Juan Island since last April,
at which time he located one hundred and
sixty acres oS land, agreeaBly to the pre-
emption law, and upon which land he has
ever since resided.
That on or about the 18th Of last June
he shot hog belonging to the Hudson
Bay Company; that Immediately after so
doing he proceeded to the house of the
agent of the Hudson Bay Company on the
Island, Mr.. Griffin, and informed him Of
the fact, stating that it was done in mo-
ment of irration, the animal having been at
several times great annoyance, and that
morning destroyed portion of bis garden; !;
he desired to replace it by another, or they
could select three men, and whatever valu
alton they might place on the animal he
would at once pay. Mr. Griffin, very much
enraged, said the only way it could be set
tied would be by him (Cutler) paying one
hundred dollars. He replied he was aston
shed both at Mr. Grilfin's conduct and pro-
posal and left him. The same AFTERNOON
Mr. Griffin, in company with thFee- other
persons, came to bis house. He afterwards
learned they were Mr.. Dallas, one OF the
directors Of the Hudson Bay Company, Dr..
Tolmie, chief factor, and Mr.. Fraser =
Mr.. Dallas asked him If he was the man
that killed the hog; he answered yes Mr..
Dallas then, in a very supercilions manner,
asked him how be dared do it, He replied
that was not the proper way of talking to
him; that he dared do whatever he though
was justi6able, and he had no cause to
blame himself in the matter; as soon as he
had killed the animal be went to Mr.. Grif-
dn aud offered to make him proper repar-.
ationzzthat he was ready to do it then; had
he chosen to have acted otherwise, he could
have said nothing about it, and Mr. Grif
fin would have never known his loss; the
animal was so worthless be would never
have troubled himself about it. Mr.. Dul-
las, in reply, stated this was British soil +,
and if be (Cutler,) did not make the repair
alton demanded-one hondred dollars-he
would take him to Victoria; their steamer
the Hudson Bay Company's steamer Bea-
rer) was in port, and they had posse at
their command. He answered, Mr.. Dalles
must be either crazy or deemed him so, to
pay one hundred dollars for an animal that
was not worth ten; and us for taking him
to Victoria for trial, that could not be done;
when they brought their posse be would
have his friends to resist them; this was
American soil and not English; aud whilst
he was willing to answer before any Amer
lean tribunal for what be had done, no Eng
lish posse or authority should take him be-
fore an English tribunal. Mr. Fraser com-
menced speaking about its being British
soil, &c, he (Cutler) declined, however,
having any conversation with him on the
matter; be had said all be had to say about
it. DR.. Tolmie said nothing. Mr.. Griffin
simply asked him if he ever knew him (G. }
to disturb any Of the settlers or insult them?
he answered, never before that morning.
As they rode off one of the party re-
marked, " You will have to answer for this
hereafter" or words to that purport.
Their manner and language were both in
suting and threatening.
Afterwards, on the 9th of June, the
morning Captain Picket landed, the British
steam frigate Satellite arrived and landed
Mr. DeCoucy, who was installed as British
magistrate for the island of San Juan, as
Captain Provost publicly stated; at the
time he left Victoria nothing was known of
the landing of the American troops; it
seemed evident that the magistrate came
over for the purpose Of apprehending him,
Cutlery that he understood process was
issued by the said De Coucy to compel his
attendance to answer to his chargeS that
Captain Gordon, the English constable,
with a posse, came to his house dur
ing his absence, on or about the 29th or