Page:The History of Oregon Bancroft 1888.djvu/115

Rh he had was immaterial, and could not affect its jurisdiction. Exception to the ruling was taken.

The trial proceeded and the defendants were convicted, sentenced, and ordered by a warrant, signed by the judge, to be hung; the day set for the execution being June the 3d. A new trial was asked for and denied. Between the time of conviction and the day fixed for execution, the governor being absent from the capital, it was rumored that he was at the mines near Yreka, in California, and acting upon this rumor, Pritchett, counsel for the Indians and secretary of the territory, announced that he should, as governor, reprieve the Indians from execution until an appeal could be taken and heard by the supreme court at Washington. The people generally expressed great indignation at even the suggestion of such a course. While the excitement was at its height, Meek, United States marshal, called upon the judge for instructions how to act in the event that Pritchett should interfere to prevent the execution. Judge Pratt promptly answered that as there was no actual or official evidence that Governor Lane was outside of the territorial limits, all assumptions of Pritchett to that effect and acts based upon them could be disregarded, The secretary having learned of these views of the judge did not interfere, the execution took place, and general rejoicing followed.

The solemnity and quiet of religious services characterized the entire trial, at which between four and five hundred persons were present, who watched the proceedings with intense anxiety. Counsel appointed by the judge made vigorous effort to clear their clients. No one unfamiliar with the condition of