CHAPTER XXI.

Manufacture of liquors-Breaking up a distillery-Conduct of Cockstock, an Indian-Affray-Killing of Cockstock-Deaths from poisoned arrows-Interview with the Indians-Previous frightful affair with Cockstock-Alarming visit of fiften Indians--Cold Blooded murder-Presents to Cockstock's widow-Protection required—Letter from Mr. Hines--Meeting of the legislative body--Resolution— Unhappy affray--Conduct in courts-Resources of the country-Soil of Oregon-Arrival of Rev. Mr. Desmitt, nuns and priests-PortExports Imports--Tour-Schools--Quiet among the Indians Note from Mr. Littlejohn-Fidelity of the Indians-Reasons for preventing the sale of liquor-Enactment of the legislative committee of Oregon-An act to provide ways and means.

I ACCORDINGLY left at sunrise on the following morning,and reached the falls at sunset. Without delay, I secured the criminal and his distillery, broke his apparatus, and buried it in the Willamette river. I put the aggressor under bonds, in the strongest penalty the nature of the case would admit, three hundred dollars-few being willing to be his bondmen even for this amount.

Mr. Pettygrove, a merchant of good habits and character, being accused of keeping and selling wine and brandy, I searched, and found, as he had acknowledged, a half gallon of brandy, and part of a barrel of port wine, which has been used and occasionally parted with only for medicinal purposos; and, to avoid all appearance of partiality, I required the delivery of the brandy and wine on the delivery of the enclosed bond, which was most cheerfully and cordially given

amount one thousand dollars. I searched every suspicious place thoroughly, aided by the citizens, but found no ardent spirits or wine in the colony. Since this period, no attempt has been made to make, introduce or vend liquors; and the great majority of the colonists come warmly to my support in this matter, proffering their aid to keep this bane from our community.

On the evening of February 29, I received the following communication, accompanied by corroboratory statements from Mr. Foster, of Oregon city:

"Willamette Falls, February 16, 1844.

"SIR-I beg leave to inform you that there is an Indian about this place, by the name of 'Cockstock,' who is in the habit of making continual threats against the settlers in this neighborhood, and who has also murdered several Indians lately. He has conducted himself lately in so outrageous a manner, that Mr. Winslow Anderson has considered himself in personal danger, and on that account has left his place, and come to reside at the falls of the Willamette; and were I in circumstances that I could possibly remove from my place, I would certainly remove also, but am so situated that it is not possible for me to do so. I beg, therefore, that you, sir, will take into consideration the propriety of ridding the country of a villian, against the depradations of whom none can be safe, as it is impossible to guard against the lurking attacks of the midnight murderer. I have therefore taken the liberty of informing you that I shall be in expectation of a decided answer from you on or before the 10th of March next; after that date I shall consider myself justified in acting as I shall see fit, on any repetition of the threats made

by the before-mentioned Indian or his party. I am, &c.,

with respect,

"JAMES D. SAULES.

"Dr. E. WHITE, Superintendent, &c."

As I well knew all the individuals concerned, I resolved to repair immediately to the spot, and, if possible, secure the Indian without bloodshed, as he was connected with some of the most formidable tribes in this part of the territory, though a very dangerous and violent character. Accordingly, I started, and reached the falls the following evening, collected a party to repair to the spot, and secure him whilst asleep, knowing that he would not submit to be taken a prisoner without resistance. The evening was stormy, and the distance some eight miles, through thick wood and fallen timber, with two bad streams to cross. Being on foot, my party declined the attempt till morning-a circumstance I much regretted; yet, having no military force, I was compelled to yield. In the morning I headed the party of ten men to take this Indian, who had only five adherents, in hopes to surprise and secure him without fighting-enjoining my men, from many considerations, not to fire unless ordered to do so in self-defence. Unfortunately, two horses had just been stolen and a house plundered, and the Indians absconded, leaving no doubt on our minds of their being the thieves, as after tracking them two or three miles into the forest, they had split off in such a manner as to elude pursuit, and we were forced to return to town unsuccessful, as further pursuit was little more rational than chasing an eagle to the mountains. Cockstock had sworn vengeance against several of my party, and they thirsted for his blood. Having no other means of securing him, I offered one hun

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dred dollars reward to any who would deliver him safely into my hands, as I wished to convey him for trial to the authorities constituted among the Nez Perces and Keyuses, not doubting that they would feel honored in inflicting a just sentence upon him, and the colony thereby be saved from an Indian war, so much to be dreaded in our present weak and defenceless condition.

Some six days subsequent, Cockstock and his party, six in all; came into town at mid-day, rode from house to house, showing their loaded pistols, and not allowing any one, by artifice or flattery, to get them out of his bosom or hand. He and his party were horridly painted, and rode about the town, setting, as the citizens and especially his enemies construed it, the whole town at defiance. The citizens endured it for several hours, but with great impatience, when at length he crossed the river, and entered the Indian village opposite, and, as the chief states, labored for some time to induce them to join him and burn down the town that night, destroying as many of the whites as possible. Failing in this-if serious or correct in statement, which is much doubted by some, as the chief and the whole Indian village were inimical to him, and doubtless wished, as he was a “brave,” to make the whites the instrument of his destruction-he obtained an interpreter and re-crossed the river, as other Indians state, for the purpose of calling the whites to an explanation for pursuing him with hostile intentions. By this time, the excitement had become intense with all classes, and both sexes amongst the whites; and, as was to be expected, they ran in confusion and disorder towards the point where the Indians were landing-some to take him alive and get the reward, others to shoot him at any risk to themselves, the wealthiest men in town promising to stand by

them to the amount of one thousand dollars each. With these different views, and no concert of action, and many running merely to witness the affray, the Indians were met at the landing, and a firing simultaneously commenced on both sides, each party accusing the other of firing first. In the midst of a hot firing on both sides, Mr. George W. Le Breton, a respectable young man, rushed unarmed upon Cockstock, after the discharge of one or more of his pistols, and received a heavy discharge in the palm of his right hand, lodging one ball in his elbow and another in his arm, two inches above the elbow joint. A scuffle ensued, in which be fell with the Indian, crying out instantly, "he is killing me with his knife." At this moment, a mulatto man ran up, named Winslow Anderson, and despatched Cockstock, by breaking in his skull with the barrel of his rifle, using it as a soldier would a bayonet. In the mean time, the other Indians were firing among the whites in every direction, with guns, pistols and poisoned arrows, yelling fearfully, and many narrowly escaped. Two men who were quietly at work near by, were wounded with arrows-Mr. Wilson slightly in the hip, and Mr. Rogers in the muscle of the arm -but neither, as was supposed, dangerously. The five Indians, having shot their guns and arrows, retired towards the bluff east of the town, lodged themselves in the rocks, and again commenced firing upon the citizens indiscriminately. Attention was soon directed that way, and the fire arms having been brought, the Indians were soon routed, killing one of their horses, and wounding one of them, thus ending the affray.

Mr. Le Breton-the surgeon being absent from townwas removed immediately to Vancouver, where he received. every attention; but the canoe having been ten hours on the