Whitman Massacre Mock Trial

Summary

Whitman Massacre Trial

On November 29, 1847, Protestant missionaries Marcus and Narcissa Whitman and twelve others were killed
by members of the Waiilatpu band of the Cayuse Indian Nation. Scores of other pioneers were held captive.

The killings, which came to be called the Whitman Massacre, happened at a Protestant mission in a remote part
of the Oregon frontier, near what is now Walla Walla, Washington. For years, politicians in Washington, D.C.,
had debated whether or not to proclaim the Oregon frontier as a U.S. territory. The tragedy and the need to
protect U.S. citizens from Native uprising was the catalyst that prompted Congress to cease debate and take
action. In order to dispense justice to the new U.S. possession, President James K. Polk dispatched a governor,
judge, prosecutor, marshal, and militia. They were instructed to bring the Whitman murderers to justice.

After almost two years of pursuit, the Waiilatpu Cayuse surrendered five volunteers from their band. The U.S.
Cavalry then brought the five accused murderers 250 miles from their homelands to Oregon City, the capital
seat of Oregon Territory. It was there that Chief Telokite, Tomahas, Isiaasheluckas, Clokomas, and
Kiamasumkin were placed on trial for the murder of Marcus Whitman.

The trial was one of Oregon's earliest attempts at formal and proper judicial procedure. The trial participants
included pioneers famous in Oregon frontier history, including Judge Orville C. Pratt, Prosecutor Amory
Holbrook, U.S. Marshal Joe Meek as bailiff, Frank Holland and George Law Curry as court clerks, and Francis
Pettygrove as foreman of the grand jury.

The five Cayuse men were kept in chains during the trial. They were provided two interpreters, presumably one
to translate from English to Chinook Jargon (Chinuk Wawa), the other to relay the Chinook Jargon in Cayuse.

Court proceedings began on May 21, 1850. Judge Pratt's first order of business was to appoint three lawyers for
the defendants. Lead defense counsel was Kintzing Pritchette, the newly appointed secretary of the territory, the
second officer in command behind Governor Joe Lane. The defendants and their lawyers were read the
indictment, and the men pled not guilty.

The following morning, defense motions were heard, one of which asked for a dismissal of the indictment
because it was based on ex post facto law. The motion charged a crime before there was any formalized law
criminalizing the incident; that is, U.S. courts had no jurisdiction over a killing not yet governed by U.S. law.
The defenders also pled for a different time and place for trial, because Oregon City citizens were hostile and
Pritchette needed more time for preparation. Judge Pratt denied all of the defense motions.

Trial began on May 23. Twelve jurors—all white men—were selected after the defense lawyers challenged and
eliminated twenty-four prospects. Testimony was taken from four prosecution witnesses, all survivors of the
attack. The defense called three witnesses, including John McLoughlin and Cayuse Chief Stickus, whom Pratt
did not allow to testify about Cayuse law and custom.

The next day, closing arguments from prosecutor Holbrook and the three defense lawyers lasted three hours.
Judge Pratt then took seventy minutes to instruct the jury on pertinent law. Part of the instructions included
improper hearsay. The judge allowed the jury to conclude that the surrender of the five volunteers was an
admission of guilt. 
The jury deliberated seventy-five minutes and reached a guilty verdict. Defense counsel then asked for a new
trial and for the right to appeal.The judge denied those motions. On May 24, Judge Pratt sentenced all five
Cayuse to be taken to the gallows and hanged until dead.

Soon after trial, Governor Lane declared his resignation as governor, effective on June 18, 1850. As Lane's
replacement, Secretary Pritchette vowed to pardon the five Cayuse, but pardoning power would not pass to
Pritchette until twenty-five days after trial. Accordingly, Marshal Meek wondered if it was proper to delay the
hangings for two more weeks.Judge Pratt stood firm and told Meek to proceed as ordered in the court's
judgment ruling.

On June 3, 1850, U.S. Marshal Meek hanged the prisoners on five ropes before a large crowd of Oregon City
spectators. They were buried at the outskirts of Oregon City in unmarked graves.

United States v. Telakite et al.

A grand jury in Oregon City indicted the prisoners on charges of murder on May 13, 1850, in one of the first
formal judicial proceedings to be held in the new territory. The jury issued a total of 19 "true bills," but only one
went to trial: Indictment Number Eleven, alleging that "Telakite, Tomahas otherwise called the Murderer,
Clokomas, Isiaasheluckas and Kiamasumkin, with certain other Indians whose names are to the Jurors
unknown, with force and arms in and upon one Marcus Whitman, the said Whitman not then and there being an
Indian, did make an assault," resulting in "several mortal wounds, of which said mortal wounds, he the said
Marcus Whitman then and there died" (reprinted in Lansing, 16).

The names of all five defendants were spelled in various ways in the trial record, but the court clerk had
particular trouble with Tiloukaikt. The variations included "Telakite" (in the indictment); "Teloquit" and
"Teloquoit" (in a defense motion challenging the court’s jurisdiction); "Telekite" and "Telokite" (in a motion for
a new trial); and "Tilikite" (in an appeal). The spelling on the indictment prevailed, and the case was filed as
United States v. Telakite et al.

The presiding judge was Orville C. Pratt (1819-1891) -- at that time the only federal judge in Oregon Territory.
The prisoners appeared before him in chains on the opening day of the trial, May 21. They remained chained
throughout all their court appearances. Pratt ordered the indictment read to them. He then appointed Kintzing
Pritchette, the territorial secretary, as the lead defense counsel, to be assisted by two officers in the Mounted
Rifle Regiment. Pritchette was the only member of the defense team who had any legal training.

The following day, the defense filed a motion arguing that the court lacked jurisdiction because the killings had
occurred on Cayuse land, before Oregon became a territory subject to federal law. Pratt gave what the local
newspaper called "a labored and very lucid opinion on the whole matter" before rejecting the motion (Oregon
Spectator, May 30, 1855). The defense then asked for a change of venue, on the grounds that the prejudice and
hostility of the citizens of Oregon City would deny the defendants a fair trial; and for a continuance, to allow
Pritchette more time to prepare. Pratt denied the motions and ordered the trial to proceed.
Prosecution Witnesses
Eliza Hall- Prosecution Witness
My name is Eliza Hall. I am married with five children. Our family emigrated to the Waiilatpu Mission for the winter of
1847-1848. The day of the horrible massacre of our innocent compatriots started like any other day, with the exception
being that there had been a certain amount of anxiety on the account of the fact that many of the surrounding
tribesmen that we served (the Cayuse tribe) had been dying of measles, and they had made rumblings about Dr.
Whitman being the cause. Despite the fears, we went about our business like any other day, and tried to pay no
attention to the Cayuse men walking around the mission area—in and out of buildings and around the grounds, since
that was not unusual while living amongst this wilderness.

I was standing in the yard outside the Mission House after the noon meal, when I heard a commotion and gunfire
coming from what looked like the kitchen area of the Mission House. I was about 100 yards from that area and heard
screaming and a struggle between several of the Indians and what appeared to be Dr. Whitman. I saw Telokaikt out in
front of the Mission House pulling Dr. Whitman to the ground and hitting him with a hatchet three times. He resisted the
repeated blows from the hatchet but he soon fell to the ground and moved little more. There were many of the
bloodthirsty heathens about so it was hard to see from that distance, but there was no mistaking the man suffered a
quick death. Once the fighting broke out the others seemed to come out of every crack and hole and began mercilessly
murdering every man they could find. My family and I ran for cover in the area behind the grain mills near the Mission
House, where we tried to calm the other women and children amidst the death and war whooping of the murderous
natives.

They looted and killed for what seemed like an hour before finding our hiding place and ushering us out with the others,
wherein we suffered a most horrible captivity for many days; being forced to work for the natives—knitting socks and
other such duites. Having just seen the death of Dr. Whitman and his wife Narcissa, along with so many other innocent
people, amongst the sick and dying children from the measles outbreak, we were tattered and shaken for the entirety of
our captivity. Blessings arrived when negotiators from the Hudsons’ Bay Company came and negotiated our release. Not
until after the terrible trip downriver to the Willamette Country was I ever able to breathe a breath in calm; we were not
even able to peek our heads up from outside the canvas boats for hundreds of miles upon the Columbia.
Elizabeth Sager- Prosecution Witness
My name is Elizabeth Sager, and I came to the Whitman Mission by way of the Oregon Trail when I was about 10 years
old. My parents both died on the trip west, so we were taken care of by another family for the remainder of the trip;
when we arrived we were taken in by the Whitmans and had been living in or near their quarters for much of our stay.

On November 19, 1847, the day of the attack, many of the children had been staying in their beds on account of being
sick with the measles and other maladies, but my sister Catharine and I were well enough to attend classes with Mr.
Luke Saunders, the school teacher. Many students had been sick for days, as a measles epidemic had broken out in the
weeks prior to the attack. We had heard that the local tribes had many of their people die and were upset with us at the
mission for bringing the sickness, but we did not understand their anger, as we also had children die from the disease.
Why, even a little baby died just after being born! How could the natives look at this as something we did on purpose?

On the afternoon of the attack, one of the natives—I believe he is known as Isiaashluckas, along with another native that
looks like the defendant here today, rushed into the area of the schoolhouse after several gunshots rang out, and our
teacher Mr. Saunders rushed outside to see what the matter was. He was immediately attacked by the two men and
they tried to throw him down; we could see others in the yard being shot at and kicked by other natives. We ran to the
loft where we hid and continued to hear the gunfire and screaming outside, but we told each other not to move on
account of being seen.

Eventually the killers found us and ordered us down. They told us to go with the others in the Mission House, where we
had to stay and cook for the natives. I remember walking through from the schoolhouse to the Mission House and
seeing all the dead and dying lying there in the cold mud—among them were the Doctor and his wife. The natives
laughed and carried on as if there was no trouble—one even held a gun up to my sister Catherine the next day simply to
scare her and get her to stop crying. There were more deaths the next day as well- we in the Mission House heard that
Telokaikt had done most of them, along with leading the attack on Dr. Whitman in the Mission House Kitchen.
Mary March Cason- Prosecution Witness

It was on the 29th of November, about 2 o'clock in the afternoon that the Indians broke out and murdered the Doctor
and Mrs. Whitman and eight others. Six families were living in adobe houses not far from the doctor's house. Father and
I occupied an upper-room, where we cooked our meals and slept. He had come in and had his dinner, his last dinner,
and had gone to work - attending the grist mill. That was the last time that I ever saw my poor dear father.

I was washing the dishes when I heard the sound of a gun. It was the gun that killed Gillion, the tailor. He was doing
some sewing of some kind when an Indian stood in the door and shot him. At the same time the horrible work was going
on outside. I and some others went upstairs where we could look from a window and see a part of the conflict near the
Doctor's house. Three or four men were butchering a beef there. I saw them begin fighting with quite a number of
Indians. Mr. Kimball was fighting hard with several, he having an axe to fight with. He fought desperately for awhile but
they killed him at last. I saw Mr. Hall chased by an Indian with an uplifted tomahawk (the Indian on a horse) but Mr. Hall
made his escape. Meanwhile Mrs. Whitman had barred the doors and windows to keep them out of the house - but they
broke in anyway. I saw them break into the house, led by Joe Lewis, the instigator of the trouble. Along with that group
were several Indians, the defendant being one of them. There they finished their bloody work for that day. Mr. Sails and
Beverly were sick and were not killed that day. A week later they were killed on their beds. Afterwards, I saw Beverly
laying outside the house with his head almost torn from his body. He laid there all night. All of the dead bodies were
buried in one grave by the four men who were not killed - Elam Young, his two sons and Mr. Smith. When the Indians
killed the two sick men I was so frightened I ran to an Indian for protection - one who claimed to be friendly.

After the horrible work was done there were nearly 50 widows and orphans in captivity - expecting any time to share the
same fate of the others, but we were spared - only to endure the fear, suspense and cruel treatment that an Indian is
capable of inflicting. For one month the prisoners were kept well guarded and made to work. One old fellow put me to
knitting for him a pair of long - legged socks. I got one nearly made when Governor Ogden of the Hudson Bay Company
came to our relief and bought us from the heathens and took us away. We went in wagons to Fort Walla Walla. The first
day there we were put in batteaux and started down the river. The batteaux were open boats with canvas to spread
over the top to keep the rain out. Whenever a head showed up the Governor would holler, "duck that head." I, for one,
suffered with the cold and I suppose the others did too, for we were so scant of clothing.
Defense Witnesses
John McLoughlin- Defense Witness
My name is John McLoughlin, and I am the former chief factor of the Hudson’s Bay Company Fort Vancouver, and
founder of Oregon City. I probably know more about working with the native people in the northwestern part of this
continent than any other person, as I have made peace and trade in one way or another with just about every tribe in
this country.

In the months leading up to the unfortunate killings of Dr. Whitman and the others at Waiilatpu, I had visited with him at
Fort Vancouver. I warned him repeatedly that the measles outbreak amongst the Cayuse nearby would inevitably be
blamed on his people in general, and Dr. Whitman in particular. Tribes in this area view Dr. Whitman and other white
medical doctors as medicine men. They are known as shaman in the native tribes. These medicine men are responsible
for the health of the tribe. If the tribe remains healthy through the medicine given by the doctor, then the doctor
remains very powerful. But if people in the tribe start to die—especially if those who the doctor recently met with start
to die—the tribe views it as a fault of the medicine man. In the eyes of the natives, the only way to stop their people
from dying is to kill the medicine man responsible.

It was under these circumstances that I warned Dr. Whitman to leave Waiilatpu for the safety of Fort Walla Walla, and to
bring with him his family and the others that were staying there in the fall of 1847. I even invited him to stay with me at
Fort Vancouver for the winter, as even living amongst the Cayuse near Fort Walla Walla was still dangerous. It was my
reasoning that if he came and stayed at our fort for a few seasons or even a few years, that the Cayuse would see that
he was indeed dearly missed for his services and help amongst their people, and would be invited back in safety. I also
urged him to quit giving the Cayuse medicine during this outbreak as the Indians kill their medicine men. I also said that
time has not helped the issue, as Dr. Whitman had to turn from caring for the Cayuse and their sicknesses to helping
more of his own countrymen in their fight with the measles. I told him that in the midst of this sickness would be the
worst of native revenge on him and his people. Despite this warning, however, Dr. Whitman returned to the Mission
and, tragically, my prophetic statements carried their true will to his fate. He was a good man, but in the eyes of many
was foolish to return under such pretenses as existed amongst the Cayuse that season.
Reverend Henry Spalding- Defense Witness
I am Reverend Henry Spalding. I worked as a missionary at the Waiilatpu Mission alongside Dr. Marcus Whitman and his
family. It was our primary purpose at the mission to provide a safe place for both natives and white settlers to come and
worship the lord, and to provide any assistance necessary in regards to trade, medical service, and safety.

We had a good relationship with the settlers in the area and the local Indian tribes for years. We were located on the
Oregon Trail and saw many people come through the area over the years. Some stayed, some traveled west, and some
even went north to the Tshimaikin Mission from here. We lived in peace in this area until the dreaded November day in
1847.

Leading up to the attack, Dr. Whitman and I knew that the growing sickness amongst the Cayuse people would not suit
our situation in the least; they would eventually grow disgusted with our presence and blame us for the outbreak. If we
could provide them medicine and keep them calm, however, we would be able to live safely amongst them.

However, as the fall wore on, more and more Cayuse grew restless that we could not provide relief for their sick and
dying. In reality, the measles were ravaging their people—much worse than we were fighting it in the mission. Some of
our children had gotten sick and died, but nothing compared to what they suffered. It was under these circumstances
that we traveled to Fort Walla Walla to meet with the local authorities there, all of whom pleaded with us not to return
to the mission for our own safety. I heeded his concern, but Dr. Whitman left on the Sabbath to return to the Mission,
only to be dreadfully murdered the day following.

I heard rumors of a native known as Joe Lewis spreading rumors that Dr. Whitman and myself were purposefully giving
the Cayuse sick poison instead of medicine, so that they would be killed off and we could steal their possessions. Never
had I heard such lies, but nonetheless realized that in their lustful frenzy rested the vengeful bloodthirstiness that could
only be quenched with our murders. It is for these reasons I stayed behind, and prayed for Dr. Whitman and the others.
Stickus- Cayuse Indian Chief- Defense Witness
My name is Stickus. I am a Chief of the Cayuse people. For many years I have been a friend to the whites. I have guided
them through our lands in their journey to the great waters. I have worked beside them and with them; I have learned
from them and their story of the Great Father.

I was there on the day of the killings of the Whitman medicine man and the others at Waiilatpu. I was one of the men
who tried to speak peace between my people and the whites. But for so many months having brought death to our
people, there could be no other way but death for the Whitmans in the eyes of some of my people.

In our culture, we are protected from sickness and evil by these shamans like Whitman. His medicines are meant to rid
our bodies of the evil sickness, so that we may return to health amongst our people. But if his medicine becomes deadly,
there is no other way to cure the sickness than to kill the shaman.

There is no doubt that Whitman meant goodness on our people—in my mind, anyway. Many of my people thought that
he was spreading poison so that he and the other whites could steal more of our land and wheat. Whether he meant to
kill our people or not, the danger was that it was happening. My people were dying. Perhaps it was even more
dangerous if he meant to heal us—after all, if he was truly trying to heal us from the white man’s disease, and we
became even more sick, then there would be no doubt that his powers had been corrupted.

It is customary in my culture for murder to be avenged. It is the choice of the family of the killed whether to avenge the
death of their own with blood; in the case of the Whitmans, there was too much death to stop anything but a just
revenge on the whites. Their sickness killed many of our people- some think more than half of our entire tribe. Indeed,
even the children of the men accused and convicted of murdering your people were not spared. To think that only 13 of
the whites were killed in return for the hundreds of deaths we suffered… it seems unjust to many of my people that
more were not put to the hatchet.

This man on trial was there that day and spilled blood—most likely it is true—but he has been given up with the others
by his people not because of guilt, but because his people are tired of running from the whites. If you think he is guilty of
murder you may be true, but didn’t your savior give himself up to die to save his people?
Telokaikt- Defense Witness (Defendant)
I am Telokaikt of the Cayuse. I was there the day of the killing of Whitman and the others. Our people had been
poisoned by Whitman and his bad medicine for more than one season—the killing and death of my people had gotten
worse leading up to when Whitman died.

Whitman and the others moved to our country some winters ago, and have tried to bring to us the story of the book and
the Great Father. They have brought with them teachings of the white ways, such as growing wheat and making bread.
Some of these traditions we have taken, but many in my tribe warned that abandoning our way of life would bring us
great sorrow. Soon their words were true.

In the moons leading up to that day, more and more of our people had caught the sickness from the whites. They
suffered in their beds and died—elders, women, our children even—it spared no one. We turned to the shaman
Whitman for medicine and help from his Great Father, but every time he met with us and gave us medicine, more of our
people died.

We heard from several people that more whites would be coming to our land. We also heard that Whitman had been
sent by them to kill of the Cayuse to make room for the whites to live. They were going to kill us all by spreading the
sickness in the air and when we died, take our wheat and adopt our children. We did not want to believe it, but as time
went on it proved to be true.

That day we snuck down into the Mission area as if nothing was the matter—they cared not for our presence most days.
But this day we spread out amongst the buildings and waited for the signal. When we heard the gunshot from the
Mission House kitchen we knew that was the signal to attack. I was in the kitchen that day and got several blows with
my hatchet on the back of Whitman, but in the commotion do not know if I actually killed him. There were several of us
there and the vengeance was heavy in the air. I was knocked to the side after hitting Whitman in the shoulder, so I doubt
that my strike could have killed him, but we found out later that he had died.

Many of our warriors fought and killed the men, and we spared all women but Whitman’s wife, as she likely had the
same power he did. I did not make any other killings that day, but our men weren’t without their revenge. We heard
that ten or more had died, but did not know how many of those included the sick who would have died anyway.

We held many of the others hostage once we felt vengeance had been served; knowing that when the whites returned
we would need to find a peace terms. The captives would help find peace and the death of the shaman Whitman would
hopefully stop the killing of my people. Had we killed as many as he did, none would have been spared.
Resources

Telokite affidavit:

http://books.google.com/books?
id=vJcJmx8R8XIC&pg=PA106&lpg=PA106&dq=telokite&source=bl&ots=q3GXWCFSwj&sig=43RkYCtnwD9GSd9JIPyN9CU
Q6ZY&hl=en&sa=X&ei=xClrUe7OOq7wigLDtYCgBg&ved=0CDYQ6AEwAA#v=onepage&q=telokite&f=false

Summary of Trial:

http://www.encyclopedia.com/doc/1G2-3498200066.html

Other searches/sites:

https://www.google.com/search?q=isbn+0963508601&ie=utf-8&oe=utf-8&aq=t&rls=org.mozilla:en-
US:official&client=firefox-a#client=firefox-a&hs=Rl&rls=org.mozilla:en-US%3Aofficial&sclient=psy-
ab&q=juggernaut+the+whitman+massacre+trial+summary&oq=juggernaut+the+whitman+massacre+trial+summary&gs
_l=serp.3..33i21.25538.34369.0.34545.45.39.0.2.2.0.390.8855.0j13j17j7.37.0...0.0...1c.1.9.psy-
ab.CpiPrpFimLg&pbx=1&bav=on.2,or.r_qf.&bvm=bv.45175338,d.cGE&fp=d2b9d06163d5960&biw=1280&bih=632

Pretty Good Summary of Entire Event:

http://www.historylink.org/index.cfm?DisplayPage=output.cfm&file_id=9401

Actual Pictures of the Affidavits and Indictments:

http://arcweb.sos.state.or.us/pages/exhibits/50th/whitman/whitmanverdict.html

Witness Testimonies:

http://www.corvalliscommunitypages.com/Americas/US/Oregon/OregonNotCorvallis/whitmansright.htm