East Oregonian Round -Up Souvenir Edition Pendleton, Oregon, Thursday, September 20, 1917. Twenty-Eight Page Records Show That John Day, Noted Early Day Trapper, Died on Banks of Columbia River in 1819, Not Astoria Page Two (RKFrniJKHKIli FROM TI1K ORK iiitX HISTOIUCAIj SOOKTY Ol'AUTKRIiV) (Kditorlal Notes by T. C Elliott. -John llay wan n member of the Wilson Price Hunt or ovfrland par ty f the Pacific pur Company (A tnriHns) which assembled at the month of the "Nadowa" inear where the city of Saint jnffeph. Mo. now utandnt in the fall of 1M0, crossed the plains anil l&icky mountains dur lng l S 1 1 and arrived at Astoria dur ing the winter and spring of The Itinerary and experience of those "Karliest Travelers on the Oregon Trail" have been clearly told on pages 227 2 39 of Vol 13 of this quar terly. John Day was a Kentucky hunter' engaged to act as one of the hunters of the party, and is thus de aTibed by Washington Irving at page 146 of Vol. l of his "Astoria:, "John Day, a hunter from the tiac It woods of Virginia, hut who had several years on the Missouri in the service of Mr. Crooks and of other traders He was about forty years of ape. six feet two inches high, straight as an Indian; with an elas tic step as if he trod on springs, and a handsome, open, manly counten ance. It was his boast that. In his younger days nothing could hurt or daunt him ; but he had "lived too fast" and injured his constitution bv excess. Still he was strong of hand, bold of heart, a prime wood man. and an almost unerring shot." Harly rmy Kxcemea. John Day's early excesses evident ly incapacitated him for extreme hards hi ps, for i n the f i na 1 crisis of that Journey, in December. 1811. along the banks of Snake rver, he gave out and his life was saved only by the fact that Ramsay Crooks re mained behind with him at some Indan camp near Weiser, Idaho. The following spring these two made their way across the Blue mountains to the Co'umb.a river, only to be at tacked, robbed and left practically naked near the mouth of what has ver since been called the John Day river about thirty miles east of The Dalles. They were found by others of the fur traders and reached Asto ria early in May. John Day was soon assigned to ac company Robert Stuart back across the plains to St Louis with dispatch es for Mr. Astor. and th party set off on the 29th of June; but during th night of July 2nd while encamped on or near Wapato Island he sudden ly became deranged and the follow ing morning attempted to commit suicide and was sent back to Astoria in the care of some friendly Indians. This is all told by Mr. Irving on j pages 11112 of Vol. 2 of 'Astoria," with the final statement that "his i constitution was completely broken by j the hardships he had undergone and ! he died wihm a year." j With this reference John Day's i name disapepars from the writings of ! the annalists of the Pacific Fur Com i j-any's ind North-West Company's (careers upon the Columbia river, that is. until 1S24 Tradition only as far as known to the writer i is responsi ble for the infrequent statement that he retired from his associates and died in a sma'l hunter's cabin on the banks of the large creek which emp ties into the Columbia a few miles above Tongue Point which has for years been mapped and known as John Day creek. Hut Mr. Irving was either inspired or nvstaken. for John Day did not die within a year, although he Is not again mentioned until 1824 by any of the fur traders of the Columbia rive:'. When the North West Company's bar ca n with the Pacific Fur Company was completed t provided that those of the Astorians who did not then and there join the North-West Com pany be conveyed back to Montreal, or elsewhere east of the Rocky , mountains: and a "brigade' of ten i canoes containing near'y eighty men left Astoria on April 4th. 1814. bound . for the Athabasca Pass. The names ; of the party are all listed by Alex Henry in his Journal, and Canoe No. 7 carried as "passengers, Mr. David . Stuart and Mr Joshua Day" Now there is nowhere any mention of suh ' a person as. Joshua Day among the .gentlemen of either company. an 1 - Alex Henry having been at Astoria onlv since the 1 5th of November. ; 1M3. probably was not intimate with ; the names of all the Pacific Fur Com- pany's men; so there is good reason 1 to cone'U'le 'that Joshua Dayand ! John lay are one and the same per son notwithstanding the discrepancy in names, and that our Mr. John Day the ascended the Columbia at least as far ;is one of the other North-West Company trading posts and eventually joined the North-West Company in some form of service. The docu- ocao onoi socio liiilUllMlllIillllMlllilUlllllUUIllUHIIIfllMtlllllilllllllll.JlllliUIIIUUIIHMIIMl Vou are careful in selecting your Doctor MOW do you choose your SELECT your drug store with the care that you select your doctors. Choose that drug store that puts every tran saction between itself and its custo mers on a SERVICE basis. Trade at the drug store that pays more attention to making a CUSTOMER than to making a sale. Trade at the drug store where you can be SURE that you are getting the most and the BEST for your money. Trade at the drug store where you can "feel at home," where you can feel at lib erty to make use of all the resources a REAL drug store PECULIARLY has for your help, convenience and accommoda tions. .i It is this kind of a drug store that we take pride in running. You know a drug store is different from a grocery store, a hardware store or any other kind of a store. The relation between a druggist and his customers are akin to those between a doc tor and his patients. The moment a drug gist forgets this FACT he ceases to be a REAL druggist. We want you to make use of ALL the ad vantages our service holds out to you. We are ALWAYS ready to refund your money without question or quibble on any pur chase you mav make here that is no PER FECTLY SATISFACTORY to you in EVERY respect. Tallrnan & Co. Leading Druggists o o -o ID o in .IIIMMIMtitflMilMi f t """ HHimiMimtHUMMHfUllrU I p., mmW I QUO! IPDPI 3QPA probably accounts for the lack of mention of him. Died in 1811). Our next record of John Day is con tained in the Journal of Alex. Koss, who was in charge of the Hudson's Bay Company trapping party in the Snake country in The entry of May 12th. 1824, reads: "Went up to headwaters of the river This is the defile where in 1M9 died John Day." (Or. Hist. guar. Vol. 14. p. valley which heads in the Salmon river mountains of central Idaho and opens to the lava beds to the north of the Three Butter. John Works' Journal of November 2nd, $l0. reads: "Camped near the head of Day's River" (.Or. Hist, guar., Voi. 13. p 3H1M. Captain Bonneville was on the same stream in December. 1832, as related by Mr. Irving, and the Arrowsmith maps of 1835 4f des ignate it as Day's or MacKenzie s riv er. It has. however, lost the original name and is now mapped as Little Lost river, from the fact that its flow sinks and follows underground channels to the Snake river. Turning now tn the document it.selt" we find that the testator and witness es recite its execution Feb. inth. 1820 "on the dependencies of the U.ver Columbia," and thar Donald Mac Kenzie proves it by swearing that John Day died February 16th, 1820, "on the south si !e of the River Co lumbia in the Territory of Oregon." Had it been executed at Fort George or Spokane or Nez Perce the recital would have been different. This doc ument was therefore written and ex ecuted in the camp of Donald Mac Kenzie on one of the mountain streams of Idaho, and may be the first proven will ever executed in Old Oregon certainly In the State of Ida ho. Donald MacKenzie was a passen ger in Canoe Ko 1 of the brigade which left Astoria on April 4th, 1S14, and carried to Mr. Astur the papers of final settlement with the North West Company and the draft in pay ment. He then Joined the North Westers again and returned to the Columbia in 1816 to take full charge of the fur trade of the interior or upper river. A!ex Ross, in "Fur Hunters of the Far West." is our authority for his presence in the Snake country in the winter of 1820 in charge of a large trapping party there. Evidently he kept this docu ment in his own possession until able as an American citizen to present it for probate at Mayville, New York, where he resided from 1R33 until 1S51. the date of his death. The suggestion has been made that Washington Irving was Inspired when he stated that John Day died within a year. This suggestion may be en larged upon at some future date when it may be possible to relate the story of Donald MacKenzie's collec tion of the bequest to his daughter Rachel being; the moneys due from John Jacob Astor to John Day for services rendered the Pacific Fur Company. The document follows: Before God and the subscribing witnesses, I, John Day, the son of Ambrose Day in the County of Cul pepper, State of Virginia, being sound in mind but infirm of body, do here by make and constitute this my law ful Will and Testament, and I ap point Mr. Donald MacKenzie as the sole Executor of the same as follows; John Day 1b Will. First. I hereby give and bequeath to the said Donald MacKenzie two hundred and forty acres of landed property given to me by the Spanish government formerly at St. Louis in Ixuis:ana. The said property of two hundred and forty acres of land is situated about a mile from the banks of the Missouri, on the south side and lying upon the creek Lavudze right hand side of that creek adjoin ing the lands of Mons'r Cheauteau. All papers concerning the said landed property I have placed in the hands of Mr. James McKay, residing about nine miles below the town of St. Louis I therefore request and desire of the said James McKay, his heirs. administrators or executors, that he or they will give and deliver up or see given or delivered up into the hands of the said Donald MacKenzie or in to his order all and every one of the papers, the deeds or rights whatso ever appertaining to or concerning the Eaid two hundred and forty acres of landed property situated as above mentioned. I further give an bequeath to sai'l Donald MacKenzie all and every my right and pretensions to the Salt Pe ter lands discovered by me about Boons Licks at the River Missouri. I also bequeath to him the said Donald MacKenzie my one-third pro portion of profits therefrom arising since first I found them, and I re quest and desire of my worthy friend Mr. Benjamin Cooper and of Mr. John Falral who have been hitherto part ners with me in the proceeds of the said Salt Peter lands, that they de liver up or see delivered up Into th; hands of the said Dona'd MacKenzie or into hl order all the share of profits belonging to me as arlping from the said Salt Peter lands sfnc the commencement of my partnership with them, which 1 believe took place In the year eighteen hundred and nine. I (five and bequeath to Mtes Rachel Mackenzie of Columbia River all and every my ready cash with the lawful interest arising therefrom, and lying n the hands of my roYmer master. Mr. John Jacob Astor, Merchant of New York. I therefore desre the sai l John Jacob Astor to deliver Into the hands of my aforesaid executor or order, a 1 the ready cash with lawful interest belonging to me In his pos se kbI on Signed and sealed this fifteenth day of February on the dependencies of the River Columbia in the year of our Lord one thousand eight hundred and twenty. I wish this writing to be considered by all men as my lawful will and tes tament. JOHN DAY. U S. Witness: WILLIAM RETTSON. James Birnie. i State of New York. 'Chautauqua County, s. He it remembered that at a Surro gate's Court held at the Village of .Mayville in the County of Chautauqua ion the twenty eighth day of October ! in the year of our Lord one thousand 'eight hundred and tnirtysix, the last Will and Testament of John Day late of the Territory of Oregon in the I'nited States of America, deceased a copy whereof is hereunto annexed i 'was admitted to probate after a cita ltion to the next of kin (there belli? no widow of said deceased) to the isaid deceased issued, served, returned and filed according to law. I Whereupon at the place and on the day aforesaid the following witnesses after having been duly sworn by the ! tiuiil Mnrrni'iitn taurifiu;l no follow F. to-wit: after proof of legal service of the said citation on the next of kin to th said deceased Donald Mac Ken zle. after having been duly sworn by the said Surrogate, testified as fol lows that there was a promissory note of the said deceased came into the County of Chautauqua since the death of the said deceased, and that John Day the aid deceased died on the sixteenth day of February in the year of our Lord one thousand eight hun dred and twenty, on the south side of the River Columbia in the Terri tory of Oregon, in the Tnlted States which was the p'ace of his residence at the time of his death: and this de ponent further says that William Itettson and James Birnle the two subscribing witnesses to the last will and Testament of the said John Ia deceased, nuw reside out of the State of New York, according to the be lief and knowledge of this deponent, and that he is well acquainted with the hand writing of the said William Rettson and James Birnle. and that the signatures of the said witnesses to the Will are the proper signatures of the said William Rett son and James Birnle who signed their names to the said Wl!l of said deceased, at the request of said decedent, and in the presence of the said deceased, and in the presence of each other, and this deponent further Buys that ho Is well acquainted with the hand writing of John Day the said deceas ed, and that the signature of John Day to the will of said deceased here produced in court is the signature of said deceased, the proper handwriting of John Day the said deceased, and further that at the time the said de ceased executed said will he was of sound disposing mind and memory and not under restraint, and the said William Rettson ond James Birnie the said witnesses to the said will, took the said will after it was exo cuted and immediately handed the said will to thtH deponent, and this deponent says that the said will now presented in court Is the same will of said deceased without any altera tion whatever. DONALD MacKENZIE Whereupon. I, the said Surrogate, upon the proof aforesaid, being sat isfied of the genuineness and validity of the said will, order that the aald will be admitted to probate, and that Letters Testamentary thereon be granted to Donald MacKenzie execu tor In the said will named, after th expiration of thirty day from the time of taking the proof aforesaid, on his taking and subscribing the oath of office prescribed by law. In Testimony Whereof, we have caused the seal of office of our riur- roKate to be hereunto affixed. U S. Witness Wllllum Smith. SurroKate nf the County of Ohuutnuuua aforena'-d. at Mayville in said County on the second day of December in the year of our Lord one thouauiid eight hun dred and thirty six. WIIJJAM SMITH. Surrogate 3T Tl Squeegee Tread Experienced mo torists demand diamonds in far greater vol ume than any other non-equip. ment tire Why? Mileage built in to bouncy ruuber, tough fabric and heavy, long wear ing tread. The Diamond Rubber Co. 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