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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
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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 .... . , , .
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