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Rh with the Cayuse tribe for the surrender of those who participated in the massacre of Doctor Whitman and the others. The arrival of the soldiers of the regular army, which had long been threatened, and the increasing tide of immigration, opened the eyes of the Indians to the power of the Americans. Sales of ammunition to the Indians had been stopped, which to them was a great hardship, as their food supply was largely cut off in consequence, and the fugitives felt its effects even more than the others.

The Cayuses recognized the fact that something must be done. Early in 1849 Governor Lane received word that five of the tribe had surrendered themselves to be tried, and were on their way down the Columbia river under escort. He went to The Dalles to meet them. They were taken to Oregon City and there held under guard until late in May, then tried before Judge O. C. Pratt. A jury was empaneled, from which old settlers and those who had suffered at the hands of Indians were excluded. U. S. District Attorney Holbrook conducted the prosecution, while Territorial Secretary Pritchett and Paymaster Reynolds and Capt. Claiborne, Jr., of the U. S. Army, conducted the defense.

The attorneys interposed every defense that able men could devise, but a verdict was returned of guilty as charged. Attempts were also made to appeal to the U. S. Supreme Court, and in other ways to delay the execution", but without avail, as the Indians went to the scaffold soon afterward.

Mrs. Frances Fuller Victor, in discussing events of the period, said:

"That which strikes the student of Oregon history is the pathetic patience with which the people, and the provisional government, bore the long-continued neglect of the federal government. From the first influx of immigration proper, in 1842 and 1843, Congress had been entreated to make some provision for the protection of travelers to Oregon from Indian attacks, as it had previously been urged to insist upon the rights of Americans as against the British, represented by the Hudson's Bay Company. But Congress had equally neglected both. The people, guided by a few wise minds, had hit upon the plan of inducing the British residents to join them in forming a joint organization, which both parties knew to be temporary, and only to be maintained by mutual concessions. After much petitioning, Congress had at last ordered to be raised and equipped a regiment of mounted riflemen, to establish posts and patrol the road to Oregon; but instead of being sent at once to this country it