The following documents can be found in the files of the Oregon State Archives. Transcriptions are adapted from Ronald B. Lansing, Juggernaut: The Whitman Massacre Trial
Bill of Exceptions
At a District Court of the United States of America in and for the District of Oregon begun and holden at Oregon City on the thirteenth day of May in the year one thousand eight hundred and fifty by the Hon ble O.C. Pratt, Associate Judge [~, and during the term thereof there came on to be tried the following cause to wit: The United States of America against-Telokite, Tomahas otherwise called the Murderer Clokomas Isiaahelucas and Kiamasumkin for Murder. And on the 22d day of May in the year [afore] said the said defendants filed a plea to the jurisdiction of the Court alleging that the court had not jurisdiction of the crime charged in the Indictment and setting forth that the crime charged if committed, was not committed within the territory over which the laws and of the United States had been extended at the time of the alleged commission of the said offence.
Which said plea was overruled by the Court, to which opinion of the said Court in overruling said plea and causing the Defendants to answer further the Defendants except. And afterwards to wit: on the 25d day of May in the year aforesaid during the progress of the said trial, at the term aforesaid a jury was impanelled to try said cause and certain witnesses having been introduced on the part of the United States, Mrs. Hall a witness in the said case testified as follows: that on the Twenty ninth day November Eighteen hundred and forty seven she was at the Mission of Marcus Whitman: that the first she saw of the affray, she saw Tilikite one of [End of first page] Defendants striking Marcus Whitman in the face with a hatchet; that she was at this time one hundred yards distant, that she said Whitman was on the ground at the time and about six feet from the Mission house, that witness saw the Indians fighting a man by the name of Hoffman, that Hoffman fell and that then witness started for the Mission house that she found the said Whitman sitting on the sofa in said Mission house-that he was wounded in several places: at the request of Mrs. Whitman she helped take the said Whitman into another room: that at the time [she] saw Tilikite striking the said Whitman there were several Indians standing between her and Tilikite-and that there [were? . . . ] a number at the mission the greater portion of whom were not armed-that she did [sic: not?] see any of the above named Defendants there except Tilikite: that said Marcus Whitman died at nine 0 clock at night of the same day: that witness had resided at the Mission three months previous to this time: that the measels prevailed amongst the indians and that many of them died, and that the said Marcus Whitman being a Physician administered medicines to the Indians. That Mrs. Whitman the wife of said Marcus Whitman was shot on the day aforesaid-witness placed Mrs. Whitman on the settee in the Mission House:
Tom Sucky came in and told witness she must go home: she had gone about thirty yards-she heard the report of guns and saw a Mr. Rogers throw up his hands. [End of second page]
Miss Sager being called as a witness on the part of the United States testified that she was at the Mission at the time the death of the said Marcus Whitman but that she did not remember the date thereof that an Indian came to her door and enquired for Dr. Whitman. She heard loud talking, she looked and saw guns pointed-heard report of the discharge thereof but does not know who shot the said Dr. Whitman: Witness saw Isiaashelukas one of the Defendants and Tom Sucky an Indian not now here attempting to throw down a Mr. Saunders. that the brother of the Witness was killed: Witness saw Clokamas, the next day after the demise of Dr. Whitman, sitting in the Mission house, laughing and talking a great deal, and that he pointed his gun at her sister as she believes only to frighten her sister. Witness was then ten years of age: that many of the Indians were sick and five or six died each day, and that a large number of the Indians had died; that the said Dr. Whitman had given them medicines: that Jo Lewis was at the mission on the day of the death of Dr. Whitman. [End of third page] that on the evening before [the? that?] death of said Whitman she said Jo Lewis told the witness that he intended to tell the Indians to kill him the said Jo Lewis-to which witness responded that she did not believe him.
Mrs. Chapman being called on behalf of the United States testified that on the twenty ninth of November eighteen hundred and forty seven, she was at the Mission upstairs in bed-heard angry words below in the kitchen-thinks she heard the voice of Tilikite she heard the report of guns-she came down stairs and saw persons bringing the said Dr. Marcus Whitman from the kitchen into the house: that she was certain she heard the voice of Tilikite but did not understand one word he spoke: that said Tilikite had been the Doctors Interpreter: she did not see the said Tilikite that day hut that she recognizes the countenances of all the Defendants as persons present there that day-she saw Tom Sucky there and the sons of Tilikite and J. Lewis: that the latter helped carry Mrs. Whitman into the yard: that Jo Lewis had a gun: that two persons were killed by the [End of fourth page] Indians on the eight day of December eighteen hundred and forty seven by the Indians
Josiah Osborne being called in the said cause testified that on the twenty ninth of November eighteen hundred and forty seven he was at Waiilatpu-heard the report of the discharge of guns; looked out of his house and saw a wounded man pass by whereupon he immediately closed the door and went to the window and saw Tomahas one of the Defendants stopping Mr. Saunders from going towards his family Tomahas was armed: saw Jo Lewis there: Witness secreted himself and family under the floor: whilst under the floor heard the Indians kill Mrs. Whitman Mr. Rogers and a young man: The Indians had assembled for the purpose of killing a beef: a large number of the Indians were sick and an unusual number were dying daily: that the said Marcus Whitman told him on the morning of his death that the Indians accused him of giving them different medicines from those he gave the whites and that the Indians called him the said Whitman a [End of fifth page] Sorcerer: that the said Whitman told witness that he felt insecure at the Mission and that Tom Sucky had told him the said Whitman that he the said Whitman would be killed at some time- Witness had resided at the Mission one month previous to the demise of said Whitman.
Dr. John McLaughlin, having been called on the part of the said Defendants testified that in the year eighteen hundred and forty or eighteen hundred and forty one lie warned the said Whitman of his danger in residing among the Cayuse people:-that he invited him to come and spend the winter with him at Vancouver and that in the Spring he the said Whitman could go to the Willamette that if he the said Whitman would absent himself from the said people for two years they would feel his loss and invite him to return which he could do in safety He warned him against giving medicine to Indians as the Indians killed their medicine men. [End of sixth page]
Stickus an Indian Chief being called on the part of the Defendants testified that the said Marcus Whitman was at his lodge on the Umatilla the day before his death: that during the visit of said Whitman he told him that the Indians about the Mission were talking bad about him the said Whitman and that he the said Whitman was in danger.
Here the Defendants Counsel offered to introduce testimony to prove that it was the Custom and usage of the Cayuse nation to kill their bad medicine men:-
The Court refused to admit such testimony to which decision of the Court in refusing to admit the same the defendants except.
There was no evidence given that the crime charged in the Bill of Indictment was committed in the County of Clackamas.
This was all the Evidence given in the cause. [End of seventh page; eighth page is blank]
The Court charged the Jury amongst other things not excepted to as follows to wit “that there is no necessity to prove that the facts given in evidence occurred in the place alleged in the Indictment: it is sufficient that they occurred within the County or other extent of the Courts jurisdiction: if the evidence raises a [violent?]J presumption that the offence for which the prisoners are indicted was committed in the District where they are tried, it is sufficient”
To which charge of the said Court the Defendants except
The Jury found the Defendants Guilty of the crime of murder as charged in the Bill of Indictment.
The Defendants moved by their Counsel an arrest of Judgment which motion was overruled by the said Court: Whereupon the Defendants by their Counsel moved for a New Trial.
From which decision of the court in refusing to arrest the Judgment and to grant a new [End of ninth page] Trial the Defendants except Pray an appeal to the Supreme Court of the Territory of Oregon: which appeal is granted [under (?) tender] this their Bill of Exceptions which are signed sealed and made part of the Record. [End of tenth page; no signature or seal is appended]
Court Amendments to the Bill of Exceptions
In the testimony of Mrs. Chapman, between the 3d and 4th line thereof, insert the following words. “of Dr. Whitman in Oregon”
In the testimony of Josiah Osborne, in the 3d line thereof, between the word “at” and “Waiilatpu” insert the word “Doctor Whitman mission at”
On the seventh page strike out the last 3 lines, and insert the following “There was no other evidence given that the crime charged in the Bill of Indictment was committed in the county of Clackamas than is found in the testimony of Mrs. Chapman and that of Josiah Osborne”
On the 9th page, strike out all between the 9th and 18th lines and insert the following, “The Court, in its charge, said that on the question of identity, not of guilt, it was competent for the jury to consider the fact, officially made known, that the Cayuse nation had voluntarily surrendered the prisoners, as the accused, to be dealt with according to our laws; and that the Cayuse people know best who were the perpetrators of the massacre-The fact may go to the jury for what it is worth in the matter of identity”
In Mrs. Chapmans testimony On the 4th page in the 4th line from the bottom, after the word “(lay” insert the word “armed with guns and tomahawks”
Judge 2d Jud. Dis.
Oregon Territory
THE TRIAL JUDGE’S TWELVE RULINGS
During the course of the Whitman Massacre trial, Judge Orville C. Pratt made twelve rulings that might have been potential assignments of error on appeal if such a review had been granted. They were as follows:
2. Denial of the defendant’s Petition to Change the Venue to Clark County.
3. Denial of defendant’s Motion for Continuance pending the subpoena of defense witness Quishem.
4. Denial of defendant’s proffered evidence of the Cayuse custom of killing ineffective medicine men.
5. Taking judicial notice (without any evidence thereof) of the fact that the Cayuse tribe had voluntarily surrendered the prisoners to Governor Lane and the militia and that the tribe knew best who were the perpetrators.
6. Instructing the jury that the tribe’s voluntary surrender of the prisoners might be used by the jury as evidence of the identity of the perpetrators.
7. Allowing a prosecution witness to testify a second time after the jury had begun its deliberations.
8. Instructing the jury that if the defendants were present and armed at the mission on the day of the murder, that would be sufficient to find the guilt of each of them.
9. Denial of defendants’ Motion for an Arrest of Judgment.
10. Denial of defendants’ Motion for a New Trial based upon the lack of any evidence showing that the murder occurred within the Oregon Territory.
11. Amending the Bill of Exceptions to read that prosecution witness Chapman had testified that the Whitman Mission was ”in Oregon.”
12. Denying the defendants’ prayer for an appeal.
