Fairhaven herald. [volume] (Fairhaven, Wash.) 1890-????, 1892-03-15
An INDIAN ALIBI

With an apparent ucSlle 10 OlNe''N 'i'
impression that Judge VIM was I'M
duly partial to the defense in the SWl-
loos case the Express in tlaring head
lines pronounces his charge to the jury
an "acquittal charge" The inf renee
is unwarranted, and is an unjust reliec-
ton upon the court, though 1t really
may not have been so intended. Care
full reading of the charge in full, as
Transcribed by the court stenographer,
fails to show any greater degree Of
Partially toward the defense than the
law substantially requires. The in
structions to the jury to attach to the |
Indian testimony the same weight that
would be given to the testimony OF the
white witnesses, while undoubtedly
favorable to the defense and an eyre
gious outrage on the ground
of equity in this case, is not
only amply justified but virtually COM
manded by decisions of the highest
state and federal courts. When the
prosecution rested it had a case, but
the door for perjury is always open
and il is not the fault of the district
attorney or any one else that the
Siwash neighbors of the red devil on
trial, trembling with fear for their own
lives in case of his conviction, perjured
themselves to prove an alibi and give
a drunken fiend a good character for
sobriety and decency. There is heap
of iniquity behind the scenes in this
case. Indians who have feared the
discharged murderer for years, who
have long known of his drinking hab'
its aud desperate character WREN
drunk, swore that he was quiet
peaceable, industrious and temperate
man. They did so because they were
threatened by men of influence among
them that if they told the truth thei
cayuses and cattle, hogs and dogs
sheep, chickens and children woul'
gradually disappear, and something
worse than weevil, hop lice, potat
bugs or grasshoppers would get int
their crops. They were, in fact, ad
vised that it was important for thei
welfare not to let such little matte
as white mans oath prevent ther
from saving the neck of the tough tye
of their tribe whose only otfense wa
the killing of pale face. And so the
swore falsely or swore not at all. As
consequence the red devil is loose an
the Siwashes have been given to unde
stand that any one Of their numb
who can command means enough
hire a good criminal lawyer and bril-
or intimidate few witnesses, ca
come to town and get crazy drunk al
then kill pale face or two and esca
punishment. If it wasn't for the e
pense attached to this form of recrt
ton it might become quite popul
among the noble red men.
The whole matter is bad busine
There is no doubt that SwilOos "
guilty of the crime He was tried
fore a Jury Of his peers" and tn
would have been justified in stretch
the law little, if necessary, in orr
to stretch the murderer's neck.
they were sworn to decide upon
law as interpreted and evidence l
scented, whether red or white, and
doing, the verdict could not have b
otherwise. Let us have no more ju
composed of men who have no oplni
never read a paper and believe the
timonv of a Siwash is worthy OF
much credence as white mans.
1t is easy to overstep the bounds of
tice in criticising public official.
do not entertain the slightest
friendly feeling toward Major {
Quite the contrary, in fact. But
all that it seems clear to us that {
were many weak points in his con
of the prosecution in this case.
lacks the tact, quick and keen disc
ment and knowledge of criminal /
tice necessary to successfully con
against such legal ability, cum
treachery and perjury as were
bined in Swiloos' defense. 1t i
lust to add, however, that it is dc
full II, under all the circumstances
ablest prosecutor in the state
have secured verdict of guilty.
important reforms in the laws and
system are necessary to assure
uuate protection to the people.