East Oregonian : E.O. (Pendleton, OR) 1888-current, 1917-09-20

who was in charge OF the HUDSON
Bay Company trapping party in the
Snake country in 1S2S-24. The entry
of MAY 18th, 1924, reads: Went up
to headwaters of the river This is
the defile where in 1919 died John
Day" COR Hist. quar-. Vol. IA, p.
valley which heads in the salmon
river mountains of central Idaho and
opens to the lava beds to the north
OF the Three Buttes. John Works
Journal of November End, 1880,
reads: "Camped near the head of
Days River cor. Hist. Quar-, No..
13. p S69l. Captain Bonneville was
on the same stream in December.
1892, as related by Mr.. Irving, ana
the Arrowsmith maps of 1S35-45 des-
ignate it as Days or MacKenzie's riV-
er. II has. however, lost the original
name and is now mapped as Little
Lost river, from the fact that its
flow sinks and follows underground
channels to the Snake river.
Turning now to the document itself
we find that the testator and Witness
es recite its execution Feb. 18th, 1920
"on the dependencies of the RIVER
Colum bia," and thar Donald Mac
Kenzie proves it by swearing that
John Day died February 10th, 1920,
"on the south side of the River Co
lumbia in the Territory of Oregon"
| Had ii been executed at Fort George
or Spokane or Nez PerCe the recital
would have been different This doc
ument was therefore written and eX-
ecuted in the camp of Donald Mac
kenzie on one OF the mountain
! streams Of Idaho and may be the
| first proven will ever executed in Old
| Oregon-certainly in the State Of Ida
! no
| Donald Mackenzie was a passen-
ger in Canoe No l of the brigade
which left Astoria on April 4th, 1914,
and carried to Mr.. Astor the papers
of final settlement with the North
West Company and the draft in pay
ment. He then Joined the North
| Westers again and returned to the
| COlum bia in 1916 to take full charge
of the fur trade of the interior or
upper river. Alex Ross, in Fur
Hunters Of the Far West, is our
authority for his presence in the
| Snake country in the winter of 1920
in charge of a large trapping party
| there. Evidently he kept this docu-
ment in his own possession until able
as an American citizen to present it
| for probate at Mayville. New York,
where he resided from 1888 until
| 1851. the date of his death.
| The suggestion has been made that
Washington Irving was inspired when
he stated that John Day died within
| a year. This suggestion may be en-
| larged upon at some future date
| when it may be possible to relate the
story OF Donald MacKenzie's collec-
tion of the bequest to his daughter
Rachel being the moneys due from
John Jacob Astor to John Day for
services rendered the Pacific Fur
Company. The document follows:
Before God and the subscribing
| witnesses, I, John Day, the son Of
Am brose Day in the County of Cul-
pepper. State of Virginia being sound
in mind but infirm of body, do here
by make and constitute this my law
! full Will and Testament and 1 ap-
point Mr.. Donald Mackenzie as the
| sole Executor of the same as follows:
John Days VIII.
First 1 hereby give and bequeath
to the said Donald Mackenzie two
hundred and forty acres of landed
property given to me by the Spanish
government formerly at st. Louis in
Louisiana. The said property of two
hundred and forty acres of land Is
situated about a mile from the banks
of the Missouri, on the south side
and lying upon the creek Lavudze
right hand side of that creek adjoin-
ing the lands of Mons'r Cheauteau.
All papers concerning the said landed
property l have placed in the hands
of Mr.. James Mckay residing about
nine miles below the town of st.
Louis I therefore request and desire
Of the said James Mckay. his heirs.
administrators or executors that he
or they will give and deliver up or see
given or delivered up into the hands
Of the said Donald Mackenzie or in
to his order all and every one of the
papers. the deeds or rights whatso-
ever appertaining to or concerning
the said two hundred and forty acres
Of landed property situated as above
mentioned.
I further give an bequeath to said
Donald Mackenzie all and every my
right and pretensions to the Salt Pc
ter lands discovered by me about
Boons L.cks at the River Missouri.
I also bequeath to him the said
Donald Mackenzie my one-third pro-
portion of profits therefrom arising
since first I found them, and 1 re-
quest and desire of my worthy friend
Mr.. Benjamin Cooper and of Mr. John
FairaI who have been hitherto part
ners with me in the proceeds of the
said Salt Peter lanGs, that they de-
liver up or see delivered up into the
hands Of the said Donald Mackenzie
or into his order all the share Of
profits belonging to me as arising
from the said Salt Peter lands since
the commencement of my partnership
with them. which believe took
place in the year eighteen hundred
and nine.
l give and bequeath to Miss Rachel
Mackenzie Of Columbia River all and
every my ready cash with the lawful
interest arising therefrOm. and lying
the hands OF my FORMER master,
Mr. John Jacob Astor, Merchant of
Nan v,rL 7 fbarafCre dpgra the said