Fairhaven herald. [volume] (Fairhaven, Wash.) 1890-????, 1892-03-15
A GALLOWS BIRDS FLIGHT
He Springs From the Canoe
Into the Saddle and
Dashes Away
Indian Agent Thornton's Eff
forts to Clear the Muir
derous Swiloos
Attorney ]. A. Kerr Reviews
the Case--Intimidation of
Witnesses

The tumultuOus excitement that fol-
lowed the announcement of the ver-
dict of acquittal of George Swiloos has
abated somewhat, but popular indigna-
ton over this miscarriage of justice is
as bitter rs ever. The party of horse
men led by George NJ. Brown, which
started in pursuit Of George, arrived at
Lummi little ahead of George and
his party, but had no boat to cross the
river. George and his party seeing
the horsemen ran their canoes aground
on the opposite side and hurnedly
waded ashore. An alarm bell was
sounded, and large numbers of Indians
came TO the rescue of the murderer
Horses were quickly provided, and he
was soon galloping away, presumably
toward British Columbia.
Public sentiment is very bitter
toward c. c. Thornton, Indian agent
of the Tulalip agency, for the part he
took in depriving the gallows of its
own in the trial. He was in the court
room almost constantly during its
progress, in consultation with the man
ayers of the defendants case. When
the testimony of the defense was being
taken he was cheek-byjowl with At
tOrney Piles, Major Ilallam and
Thomas jefferson most of the time.
Zeal for the welfare Of his wards affords
him no excuse for joining the Siwash
clan in their intrigue to defeat justice
and shield the murderer of Moses
IOunllin.
Sub-Agcnt Hurley, of the Lummi
reservation, was an important witness
for the state. He related to the prose-
cutting attorney most conclusive evil
dence Of Georges guilt soon after the
murder. When the case came to trial
he came to the prosecuting attorney
and informed him that he dare not
testify. Another witness for the state
said that he had a wife and children,
and that it would imperil their lives if
he testified to the truth. There We're
numerous instances where the wit
nesses for the state were kept from the
stand by the intimidation of the
Lummi Malta. Attorney J. a. Kerr,
speaking Of the case, said to
a HERALD representative yesterday:
"Ihe editorial in your Sundays issue
does Major Cole injustice. The idea
generally prevailing that the state did
not maxi "A case against Swiloos is not
warranted by the facts. At the time
the state rested its case the evidence
against him was overwhelming. The
defense was an alibi If the Jury be-
lieved the Indian testimony that de-
fense was fully established. The jury
were sworn to weigh Indian testimony
in the same scales and subject il to the
same tests as that Of a white man.
They were instructed, and rightfully
that such was the law of evidence
The state was unable to impeach the
Indian witnesses. If the prosecution
had made no attempt to do so, then
the censure so freely hcaped upon
Major Cole might be warranted.
When you come to think of it, the
impeachment of those Indians was
next to impossible. The state sub
pmnaed more than a dozen men and
had two deputy sherifls securing the
country around Ferndale, the vicinity
in which Swiloos resided, for evidence
as to the defendants character and the
reputation for truth and veracity of
these Indian witnesses. The men
were terrorized and either
refused to testify or claimed that they
did not know. Many Of them had
seen the defendant drunk or knew of
specific acts of disorderly conduct, but
that evidence was not admissible. The
question, as you know, in
such cases is this: What is the reputa-
tion of the defendant for peace and
quietude or of the witness for truth
and veracIty in the community i'm
which he resides? To get Indian testi-
mony for the purposes of impeach-
ment, it goes without saying, would be
out of the question.
The jury is not to be censured. III
they believed the Indian testimony in
support Of the alibi the case was ended.
The evidence in its support, the state
was powerless to shake only as il
might be discredited by the cross
examination of Indian witnesses
through an interpreter"