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About Oregon spectator. (Oregon City, O.T. [i.e. Or.]) 1846-1855 | View Entire Issue (Aug. 5, 1847)
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They proceeded n aha river with a flae breeae aad flood tide aad afirved at Mr. Haat'a early in the ev aiaav JMat rrrafnr took eaoh aieietance as aaacaaaaWaaaMaiiy aad eroeeed on to the Mr. PaUava preparing his eco. for hat departure for Ore. CHy he waa arrested aad hie salmon Lie await tat reeiui oi a inai on me MMMt. AU.aaaae praparea w weir return te Clateep, where they arrived oa the erening eftaaf 4ta. haTing enoeaatered a sevore eieof wind and rain increasing Young's Here we return to the trial of, Gee r and Mc Ganaigale, who appeared before W. H. Gray and took a ebange of venue, which brought them before Esq. Tibbete, who called D. In galls Esq. to assist him. A jury was callod, Mapaaaeled, and sworn. I was requested to leiiitt the trial oalhe part of the Tcrrito ry. H. Hall volunteered hitt services to act . TuMaiM the proceedings ae short as po&si. Uai I JHtt .aamber the questions that were 'fljfett-tb dlfbreat witnesses, giving only tho IHsaaritftfce qoeetlea. with the answer op. 'mist thi aumber. The first witness sworn Golden, testifies that Geer to ju house ia a keg and gave few it was liquor, for he tried it. you know of Geer'e selling or to lad ana out oi tnai Keg i tat axaetly out of that keg, but the stem of his boat with n par- s. and there were some oi tnetn aemt day, Washing for one was plumb. It is my opinion that that Hquor to Indians, becauso r l,t,wm. BBS it was liquor he gave to me, and thcro woro Indians intoxicated about that time. Richard Hobson sworn. 1st Q. Do you know of Gecr's selling or giving liquor to any person? A. He gave some to mo ; I was over to Ft. Georgo, Mr. Geor gave some liquor to me ana ine inaians were arunK, but I cannot tell where or from whom thev cot their liauor. 2d Q. Do you know of an Indian carry ing an oraer to ucer tor liquor rrom any one? Yes, an Indian carried an order from Low. is Taylor. Did the Indian havo any liquor after car ryirur the order ? Yes. ho had liquor, he brought it over to uatsop in the canoo with mc. Cross examined Do you know tho Indian got the liquor with that order ? Mr. Ueertold me ho had received the or der; be said ho did not want any one to seo him sell the liquor. Did you see tho order and read it ? Yes, I wrote tho order myself. 8. Gardner nworo. States he was at Ft. George in the latter part of April or first of May, saw Indians come on board of ueer s launch and sot some liquor which Geer drew out of a keg of which he had tasted of liquor before this he saw some money pass be tween them, ho saw the money in the boat ; He came down with Mr. Geer, ho gave him liquor. Mr. Riley was on board and got liquor. Jno. Champ sworn. To 1st question answered Yes, I went to Mr. Geer with a bottle for liquor, and told him I wanted somo for a ladv that was sick, he said he had none to sell, 1 told him 1 must havo it ; he let me have it. I havo not paid him for it yet. Have you seen tho Indians drink liquor about Ft. Georgo? Yes, I saw an Indian woman drink liquor somo four days since did not sec her get it did not ask her where she got it think there was two of them. Col. Taylor sworn. Have you seen any liquor belonging to Mr. Geer ? I saw some poured out at Fort George which Mr. Geer said belonged to him, I tast ed of the liquor, it was iu front of Mr. Gccr'a residence. Mr. McGunnigalc sworn. To 1st question. Yes, huvescen him have liquor in Oregon, about three or four days since. What did he do with his liquor ? He set it upon a shelf. Has Geer ever given or sold any to you ? He has given mo a dram, two or three times. Do you know of Mr Geer ever giving or selling any liquor to any other white person ? I do not. To Indians ? I do not that is, I never saw him give or sell liquor to Indians. Did you ever hear Mr. Geer say ho would sell or give liquor to Indians ? I never did hear him say he would sell to Indians or Whites. Did vou ever hear him threaten to shoot or use weapons upon any person who should attempt to destroy his liquor or stop him from trading or giving it to wiiom he pleased ? 1 never did. Havo you seen Indians intoxicated ? I have I expect a thousand in my life in Missouri, and moreover, I cavo thorn the liquor myself, thereforo 1 know they were drunk. Havo you seen any drunk or intoxicated about Ft. Georgo ? They acted like those in .Mo., that l know wero drunk. How long since? At different times within the hounds of two weeks and a month. Where did they get tho liquor ? That 1 can't tell. S. U. Smith sworn. 1. JIuvc you seen any liquor belonging to Mr. Goor ? 1 believe it is George's liquor, but, cannot swear positively. 2. Do you know of nny persons over buy ing or receiving by gift or otherwise, any liminr frmn (!m. (iifr ? Yes. lie cuvo me u bottle However ho gave mo a bottle or when I got a bottlo lie said when I want tho pay I will call for it. 3. Do vou know of Mr. Goer's over sell ing or giving any liquor to Indians? Well, I cant say positively that I ever saw him give any ; I saw him draw two bottles one day, ho sot thorn on tho floor. Wero thcro any Indians in the house at tho timo ? Yes, thcro was a great many. What wero they doing J LvinK round on tho floor. 4. Havo you seen any Indians drunk about Ft. Georgo ? For tho last seven days until yesterday, thero wero a good many drunk, there wero ono or two about half drunk yesterday. 5. Where did they get tho liquor ? I believe they got it of Geo. Geer ; it is my opinion they did. 0. Do you know of any other persons selling or giving liquor to Indians about Ft. Georgo? 1 feel delicacy in answering tho question. 7. I lavo you cvor heard Air. Geer threat en 'a sell or givo liquor to Whites or Indians in defiance of tho laws of Oregon ? I think I havo heard him make uso of such language. Have you ever heard him threaten to-use arms upon any person who would attempt to stop him 7 1C8. How long since? Within the last two weeks. I have seen Mr. Geer givo liquor to J. L. M. T., or In. dian Cooper, as he is called. J. Strang sworn. 1. Corroborates Mr. Smith's statement. li. Yes, 1 do. Was it given or sold ? Roth. 3. No I do not. How many times do you know of Gecr's giving or selling liquor to tho whiten ? Ho sold mo two bottles, have seen him give away several times as a treat. I. Yes, seen several. f). Don't know, but suppose they got it from Mr. Geer ; an Indian told mo they got some liquor across at Chinook, but his peo ple got it of a "Boston." (i. Not asked witness. 7. No never have to my knowledge. I bought liquor from Mr. Geer in the" Shark house. Was it fur sickness? No, it was for my own use. How long since did you buy this liquor? About threo days. Win. Ililcy swoni. To 1st question, as asked S. C. Smith Yes I saw liquor belonging to him. 2. I got some from him myself. I saw him take some liquor out ol tho cask for Policy, up at the mill. He had liquor on the boat, he was dealing it out along, but do'nt know that I was present at any other time; suppose he was selling it. Xhe liquor ho let mc havo I took and told him how much it was and paid him for it at anoth er time. 3. Never saw him sell liquor to Indians, except to Policy, up at tho mill. James Welch sworn. Has seen Indians go frequently with their bottles, and has seen them drunk about Geer's establishment. The Indians told him they got threo bottles of liquor for a blanket. I find Mr. Editor, that giving all tho testi mony lengthens out my communication be yond what I anticipated. It is requested that you give it all at different times in your paper, that the people may know what they can roly upon in attempting to enforco any liquor law that may bo passed. You will seo that it is evident that Geer has sold all tho liquor ho could to Indians, yet it is diffi cult to mako out more than ono case notwith standing there is an order given to on Indian for liquor, yet it will be difficult to convict him of selling to Indians except on Mr. Ri ley's testimony, though thoro are other wit nesses that no doubt havo seen him sell to In dians if they would testify all they know on tho subject. Tho jury gave tho verdict guilty, accord, ine to the specifications in tho warrnnt. Tho court imposed a fine of 8100 and cost of suit $00 and somo cents. Mr. Follows was tried by a jury ; the ovi- denco was sufficient to find him guilty of selling and giving to whites. It was proved that ho stated he brought tho liquor down expressly to sell to Indians for salmon, and thut he had sold out his liquor and was going up to Oregon City to obtain nioro for that express purpose, no was iincu a vo una test of suit, 931,03. If his own confessions and statements can bo brought in as uvi. dence to convict him, ho in most conclusive. ly guilty of selling to Indians; still accord ing to Judge Skinner's opinion, expressed while here, thoy cannot be convicted with, out a person hie tasted of tho liquor from the cask aad in the bottlo of tho Indian, and must see it put into his bottle. Now if tin is the state of the matter and it require"1, much and such positive testimony upon thi subject, then I say repeat tho liquor law and let us have none at all ; lot the people re. ceive such testimony as they deem proper, and let them punish those animals that prey upon the peace and quiet of the Indians ami tho whites, in such a manner as they deem proper. In most other cases of crime, u man's threats and, confessions are taken in evidence against him, especially if corrob. orating facts show there is any truth in hi" confessions. And why shall it not lc in this case? Yours &c. W. II. GRAY. MuaosR w. Capital Punishment. Tin alarming increase of murder in all parts of our country during the last two or thrt" years, seems to mako but little impression upon those whose delegated duty it is to con- Mftrve the oublio weal: and though instan ces grow upon instances or thu impunity with which the homicide may slay his fellow, through the refusal of jurors to U-como mur derers themselves ; still legislators fold their amis and let the work of death rage on, rather than change a rule which finds its on ly stay in tho precedent of a barbaric age. Tho ruthless murder of a mother and hei babe, the slaughter of a mistress by her par- , amour, tho deliberate and oen sltooting of a wife, the fiendish destruction of a whole fam ily by the assassin's knife, with tho insian cesthat grow on instances of murders una venged, while they provo the public rejection of the punishment of dcuth, also depbuner the gallows as a failure. It is not adequate as a punishment, ami iti brutal exhibitions do not teach respect fore man life. It strikes no preventive terror t the soul of the offender, and therefore ex tends from its gory platform no security i that society whoso most rational sensibilitio it violates. On the contrary, it familiarize with tho commission of violence. It assem bles the depraved for a refined improvement in depravity. It excites a false and mis chicvious interest for those who suffer, and consequently answers no one of tho greai ends of punishment, in tho prevention ol crime, tho remuneration of the injured, or ' the reformation of the offender. These oro not the conjectural assumptions of a theory, bur rho grim substantiations of a melancholy troop of facts. Year by year, nay week by week, the deeds of tho homi cido increase ; and in proportion as tho dis mal aggregation grows, its brutal ministers escape. The monster, almost too hidcou-. for human contemplation, now finds a pro. tecting refuge in the very horror of his deed, and with his gory looks and blood imbued hands, creeps into the soft breast of a perver- , ted pity, which should alone havo been tin sanctuary of his victim's wrongs. This is the reason why capital crimes, in crease, and this is tho reason also that while thoy increase, tho hangman stands almoM idle by tho scaffold. These, as wo said be fore, aro not mcro conjectures. Tito re cords of tho country show a regular addition t to crimes of tho first degree, while the ac quittals of thoso against whoso guilt not hall' u shadow rests, provo tho failure of the rule-, of punishment which comprehend them. Wo aro not alouo in this advorso solution of tho problem of capital punishment. Ac cording to Mr. Redgrave's F.nglish tables, which are made up from tho statistics of tin last six years, wo find a regular and growing decrease of every specific crime which shuts out Uio gallows ; und while thesn tables shmt an increase of all offences that aro visited with death, they also show a fearful dispro. poruun oi convictions. , Thoro must bo somo remedy adopted (or this stuto of things, and that remedy must ! tho repeal of a statuto whoso Impractical)!" rule Iiuh proved to bo the encouragement of tho very crimo which it vainly endca ors to suppress. Police Gazelle. (ttrTho last case of modesty is that'of u ' lady who discarded hor lover, n sea captain, Iwcauso in spoaking of ono of his voyage, ho said ho hugged tho shore. This column was "about a feet" too short, i --WilSsi-JttW-iit .... . , , . Ao ltmmiiaulm ...H-tar1 . ,.-, ;ui-um,im ia ffHiSttri-r -l: '- ... " Tf .ir -v" !"..! jt;ir' '.""'. i .. .. ,jt.-. - kj
