Page:Oregon Historical Quarterly vol. 24.djvu/408

 376 Frederick V. Holman Oregon; Mrs. Hughes (Nancy J. Saunders), Oakland, California; Mrs. Megler (Nimee A. Kimball), Astoria, Oregon. For the information of those not familiar with early Oregon history, I shall say : That the Oregon volunteers did not capture the lead- ing participants in the Whitman massacre. Governor Joseph Lane, the first Governor of Oregon, March 3, 1849, proclaimed the establishment of Oregon Territory. Gov- ernor Lane began negotiations with the Cayuse Indians for the surrender of those guilty of the Whitman mas- sacre. Until such surrender, the United States Govern- ment would not treat with the Cayuses, nor permit them to occupy their lands. At length word was received that such of the Whitman murderers as were alive, would be surrendered at The Dalles. Governor Lane went there in person, escorted by Lieutenant Addison and ten sol- diers. Five of the murderers, with other Indians, were at The Dalles. They were Tiloukaikt, Tamahas, Klo- kamas, Isaiachalakis, and Kiamasumpkin. They con- sented to go to Oregon City to be tried. These five In- dians were taken to Oregon City, guarded by the soldiers. They were confined on Abernethy Island, a small island, which is surrounded by deep water. The bridge from the island to the mainland was closely guarded by United States soldiers. The trial of these murderers began at Oregon City May 22, 1850, before Judge 0. C. Pratt, an Associate Justice of the Oregon Territorial Supreme Court, and a jury. The prosecution was conducted by Amory Hol- brook, United States District Attorney. Judge Pratt appointed as counsel for the defense, Knitzing Pritchett, Secretary of the Territory, R. B. Reynolds, Paymaster of the United States rifle regiment, and Captain Claiborne, of the same regiment. The counsel for the defense raised all questions for the defense of the murderers. They raised and argued the question of the jurisdiction of the Court