Fairhaven herald. [volume] (Fairhaven, Wash.) 1890-????, 1892-03-10
THEORY OF THE DEFENSE
Attorney Piles Tells the Jury
What He Proposes to
Prove
He Left Henry At Bennett S
Place and Went Home
BY the Beach
Henry Hid the Watch Where
Ii Was Found In Swiloos'
House

the superior court, was commenced
Yesterday morning. Prior to the OPEN
ing of the defense there had been much
speculation as to how the strong case of
the prosecution would be met No in
timation of what the theory was TO be
transpired until Attorney $. IL. Piles
made his opening Immediately after
court convened.
The jurors were called into the box at
$40. Immediately after the roll was
called, Mr.. Piles stepped forward and
delivered his statement with forcible
eloquence, TO which the audience lis
tened with breathIess interest. While
not expressly saying 50, his remarks
intimated that the blood Of Moses
Nounkin was upon Henry's hands and
not upon George Nwiloos'
He stated that he proposed to show
that George had absolutely no motive
for numbering Moses Nounkin; that he
and Moses were friends lie proposed
to show that George did not see Moses
Oh Jdlludlg ~ ii' lI'l'''N w 'iA'N
that Henry and George left Whatcom
on that afternoon, going on the rail
road track as far as Benefits. Here
George SwilOOs left the railroad track
and went down to the beach, leaving
Henry on the track. He proposed to
SHOW that Frances soon after came
along there and saw Henry and
another man. sitting on the drain in
li
on the beach. He proposed to show
that an Indian, called Old George, saw
SWiloos i'm WhatcOm that day and
tired to get him to go home with him
i'm canoe. SWilOOs was willing, but
Henry would not He proposed To-
show that Henry, who swOre he never
touched drop on that day, WAS seen
drinking by Old George. lie proposed
to show that Old George, when going
home i'm his canoe, saw two men in
front of Benefits, and then
saw one 90 down to the
come from towards Lummi and stop
with the man on the track. He then
saw another man walk past them He
afterwards came up to the man on the
| beach who had fallen into drunken
]
| loos. He woke George up and he said
| he had to wait for Henry. He proposed
/ TO prove that Richard Squiqui, while
| i'm Ferndale the day after the murder,
| saw Henry behind a warehouse with a
watch i'm his hand, and when Henry
saw him he hastily concealed it. He
would prove that Henry went to Solo
| mon Balal and told him he was in
] l.. al lg ii mo "a
! had been killed and robbed of a watch.
He had bought watch of a white
| man and was afraid that it was the
one that had been taken from the muir
dered man. Solomon advised him to
hide it. He then hid in Georges house,
where Hilaire Crockett found it.
Chief Henry was the first witness
| called by the defense. VIM. McClosky
was called by Mr. Piles to act as inter
prefer. Mr.. Kerr objected to having
any person subpunaed as a witness i'm
the case to act as interpreter.
Mr.. McClosky stated on examination
that he lived at Tulalip and had been
subppnaed merely to testify to Georges
| character.
Agent Thornton, of the Tulalip
agency, was sworn and testified to Nc
! ClOslzy's responsibility.
The interpreter was then sworn to
interpret the testimony.
Before proceeding Mr.. Piles stated
that he wished it understood that In
dian testimony was to be all taken
through the interpreter. The oath was
then administered to Henry through
the Interpreter in sputtering Siwash
He testified
Ny name is Henry. | am chief OF
| the Lummi tribe. Been chief twenty.
three years. ! am judge. ! have
| known George ever since ne was boy
/ | know that George Swloos is a good
man. He has 100 acres Of good land Oh
the river bottom. George cleared the
lland himself He has four horses, 1
wagon and stock.
Mr.. Kerr objected, on the GROUND
that it did not follow that because hC
had property he could not commit
crime. The court admitted the testi
lmOny.
sees George every Sunday when h'
comes to church. ! never knew o
George being drunk before, nor Of mi
having trouble with anybody
Sam Crockett was next called to tn
stand.
Major Cole desired to know if tn
witness could speak English.
Mr.. Piles objected to going into tn
question. If he could not conduct tn
case i'm his own way he did not pre-
pose to conduct it.
Crockett had sore eyes and had to b
led to the stand. He has lived, h
said, at Lummi and known Georg
ever since he was boy Georges rel
utation was good.
Hilaire Crockett, judge of the India
court of ofienses, was next called. III
testified in English. He said
/ have known George Swiloos sine
u l. -. . -. II;s ,.,.rtaffn., L. r,un,