The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1869-07-17
sssILETE, OR sLO' RECON.
sTRUCTED."


May number of the Overland Monthly.
FROM the impressions that this young
gentleman publishes about the character
of the Indians, and the utilizing process
now in operation at Siletz, we infer that
he went upon the Reservation with de-
termination to deceive himself and that
he received the assistance of the Agent
in doing SO. We don't purpose discuss
ing what he saw or the deductions he
makes therefrom, but his auimadversions
upon "Oregon justice" are uncalled for
and untrue, aud to them we ask attention.
The extract published refers to the trial
of Ballard, for the murder of an Indian
in Kings Valley in 1868.
''When his trial took place a picked company
Of the chiefs and head men accompanied the
Agent to Court and remained while the farce call
ed Justice was played through. It was first pro-
posed to hbsrate the murderer on bonds Of one
thOsaGRd dollars IA greeabaeks-but so strenuous
ly did the Agent protest that he was refused bail
Oregon justice was finally meted out to the often
der thus
Although it was proven by the testimony of
two white witnesses that he had, without n sbad-
Ow Of Justification, shot an unofending fellow
creature Ia the back and killed him, he was-be-
cause the victim was an Indian-sentenced TO the
heavy punishment of FIRE gears in the penitentia-
ryby an Oregon jury.
No wonder that Gen. Wool. on being applied to
for protection against Indian depredatiops assur-
ed the OregOnians ''that they deserved the fullest
measure os vengeance that the Indian could in
hlet for their eulpahle disregard Of humanity in
his treatment"
That the Agent took a picked company
of chiefs to court, is true. That he took
them less for the purpose of seeing jus
tice done than for influencing justice is
quite probable. That it was proposed to
hberate the offender on bonds of one
thousand dollars in greenbaeks may or
may not be true and is quite immaterial,
since he was not SO liberated. 1t was
not proven by the testimony of two
white witnesses that the shooting was
done without justification. The only
white testimony of the prosecution was
that of one witness and he neither affirm
ed nor negatived the proposition of
shooting without justification" In fact,
the testimony of this one witness was in
many particulars very damaging to the
prosecution it related the incidents of
hostile meeting between the Indian and
his comrades and the old man Ballard
who was driving a team of oxen-and
the cries of the latter to his sous for as
sistance.
These statements have been made to
US by the Prosecuting Attorney in the
case, himself, after his attention had been
called to the foregoing publication. We
are not prepared to say that Ballard was
or was not guilty of numbering the Indi-
an. To fnd such testimony as will re-
move all reasonable doubts of guilt in
the jury's mind, in a case where human
life is depending, often involves many
nice distinctions and subtle questions -
and when the presumption of guilt had
to rest solely upon Indian testimony con-
tradicted By that of the prisoners sons,
and when the testimony of the only wit
ness likely to be unbiased did not sustain
the prosecution, it is not probable that
there is jury in the world that would
have hanged the accused.
The verdict of twelve sworn men sit
ting in court of justice, to whom the
testimony has been detailed by witnesses
would seem to be more reliable than the
anonymous statements of an adyenturcr,
whose information is derived second hand
and from prejudiced sources. Mr. Chase,
who by his respectf bic connection with
the Chief Justice, ought to be man Of
some sense and decency, does himself no
particular credit in uttering and approy-
ing the statement of Gen. Wool, sethat
the people of Oregon deserve the fullest
measure of vengeance that the India,
can infict." The periodical that oIb
fishes this uni Just and unnatural s,zntimeo
deserves to be banished from every fire
side in Oregon, and the Ran who repeat
it can hardly expect to be held in better
estimation than Gen. Wool is in thi
State.
The Cour::, in the independent exercis,
Of its discretion, sentenced the prisoner
for FIVE years. The zone man power
behind Mr.. Chase, with an indignant pen
stabs at the Court for not making it ff
teen. The long-suffering and lamb-lik,
chiefs, who are compelled to forego theii
Rogue River diet and addict themseIvei
to food less agreeable and delicate thar
human anatomy affords, share in IL
common indignation. The Judge, al
member of the dominant party, was per
haps expected to keep faith with prevail
ing ideas and deport himself in a mannel
worthy Of military commission, '.organ
lied to convict"
No better evidence of the forbearance
and generosity of the people towards the
Indian can be wanted, than the fact, that
of the chiefs above mentioned who ac
companied the Agent to the place of Bal
lard's trial, some we're recognized as par
ticipators In some OF the most shockino