Incidents and Annals of Settlement VI
Washington Standard - Olympia
May 17, 1918

Shortly after Captain Hill's company occupied Fort Steilacoom, Hon. J. Quinn Thornton, Indian sub-agent north of the Columbia, visited the Sound and offered (Sept. 7. 1849) a reward of 80 blankets for the delivery of the Indian murderers of Wallace, within three weeks. This had the desired effect and shortly after the return of Agent Thornton to Oregon City. Chief Patakynum delivered at Fort Steilacoom six Snoqualmie Indians, to Captain Hill. 

The Oregon legislative assembly being then in session, on being apprised of the capture of the murderers, Governor Lane submitted a message asking the assembly to pass an act attaching Lewis county to the first judicial district for judicial purposes and providing for a special term of court to be held by Chief Justice Bryant at Steilacoom on tbe first Monday of October, 1849.

As this was the first federal court held north of the Columbia river, we append the comments of Governor Lane and Chief Justice Bryant in regard to it and its influence. Governor Lane, in his first annual report as superintendent of Indian Affairs for Oregon, October 22, 1849, thus alludes to this court and the trial: Governor Lane's Report. "For the purpose of affording a fair, impartial and properly conducted trial, I employed Mr. Skinner to go with the court to prosecute the criminals and Mr. Stone to defend them. 

The court ordered an allowance of $250 to each of them, which I have paid out of the Indian fund in my hands. I have also paid to the Indians who worked the boats for the conveyance of the court and jury $180. The expense was necessary for the reason there is no other mode of travel, there being no road in the direction of Puget Sound and consequently have to go down the Columbia to the mouth of the Cowlitz and up that rapid stream to the settlements, and then across the country to the Sound.

"The total expense of holding the court at Steilacoom for the trial of these Indians amounts to $1,899.54. Reward of 80 blankets. $480, making the sum total of $2,379.54." Chief Justice's Report. At the request of Governor Lane, Chief Justice Bryant thus reports the trial: 

Oregon City, October 10, 1849, His Excellency, Joseph Lane. Sir: In compliance with your request to know the result of the trial of the six Snoqualmie Indians for the murder of Wallace in April last, I have the honor to inform you that in pursuance of the provisions of an act of the legislative assembly for the territory of Oregon, attaching the county of Lewis to the First judicial district in said territory and appointing the first Monday in October at Steilacoom as the place of holding the district court of the United States for said county, I opened and held said court at the time and place appointed; 

Captain B. Hill of the First artillery. U. S. A., delivered to the marshal of the territory six Indians of the Snoqualmie tribe, given up by said tribe as the murderers of Wallace, namely: Kussass, Quallahwort, Stulharrier, Jattam, Whyerk and Walthlinkyne, all of whom were indicted for murder, and the two first named, Kussass and Quallahwort, were convicted and executed, the other four were found not guilty by the jury. "Those who were found guilty were clearly so; as to three of the others that were acquitted I was satisfied with the finding of the jury.

It was quite evident they were guilty in a less degree, if guilty at all, than those convicted. As to the fourth I had no idea that he was guilty at all; there was no evidence against him and all the witnesses swore they did not see him during the affray or attack on Fort Nisqually.

Probably a Slave.

"It is not improbable that he was a slave whom the guilty chiefs that were convicted expected to place in their stead, as a satisfaction for the American murdered. Two other Americans were wounded badly by the shots and an Indian child that afterward died. "The effect produced by this trial was salutary and I have no doubt will long be remembered by the tribe. The whole tribe, I would judge, were present at the execution and a vast gathering of the Indians from other tribes on the Sound, and they were made to understand that our laws would punish them promptly for every murder they committed and that we would have no satisfaction short of all who acted in the murder of our citizens.

''To the end that the trial might he conducted fairly, I appointed A. A. Skinner, whom you had engaged to go out to attend to their prosecution, district attorney for the time and ordered that he be allowed for his services $250; and I also appointed to defend them David Stone, Esq., an attorney sent out by you to defend them, and I made an allowance of record to him for $250.

"This compensation I deemed reasonable. They have traveled 200 miles front their respective homes, camped in the woods, as well as all the rest of us, and endure a great deal of fatigue in the manner of traveling in bateaux and canoes by water.

"Many of the grand and petit jurors were summoned at a distance of 200 miles from their homes and although the transportation may have cost some more to the department than bringing the Indians into the more settled district and with them the witnesses, with a sufficient escort for protection (which I very much doubt), yet I have no hesitation in believing that the policy pursued here more than repaid any additional expense that may have been incurred.

"I directed the marshal to keep a careful account of the expenses and report the same to you, which he has doubtlessly done. There are not, nearer than this place in the judicial district, the requisite number of lawful jurors to hold the court (which is the only American fort on the Sound), so sparsely is the country around the Sound settled."