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DAN HARRIS GOES TO COURT


Trial for Allegedly Selling Liquor to Native Americans
Case No. 58, U.S District Court, Third Judicial District
    The first trial opened at Whatcom, Washington Territory on April 16, 1855 in the Court of the Third U.S. Judicial District before a grand jury of which Russell V. Peabody was foreman. Victor Morman (?), District Attorney Pro Tem, accused Dan Harris of selling "a certain quantity of spirituous liquor to an Indian woman named Yeaton . . . to an Indian named John Jefferson . . .and to another Indian named Situe" (?). This offense allegedly took place "in the Indian Country," presumably the Lummi Reservation, on February 28, 1855 "and on diverse other days and times before that." John Jefferson, Yeaton, and three other tribe members, Gen (?) Harrison, Hiaca Whettle and Quarti-canum, along with Barney Pender, were named as witnesses. However, the file contains no record of the witnesses' testimony.

    The file contains no further records from 1855. However, the case was continued at the October 1856 term of the court, opening on the third Monday, which was the 20th. District Attorney, Henry R. Crosbie, then took up the prosecution. He represented that an indictment had been joined at the April 1855 term of the court and that a "recognizance" of $500 had been taken from Dan Harris with one Edwin Joseph Rossman (See Note), that the recognizance had later been declared forfeited by the Court and that Rossman had departed from the territory without leaving any property to satisfy the recognizance. He further asserted that Dan Harris had no property to satisfy the obligation "except a certain boat and a quantity of cranberries articles of personal property easily removed out of the jurisdiction of this Court." Crosbie therefore filed a motion that a writ of attachment be issued against the goods and chattels of Dan Harris in order to satisfy the obligation.

    On October 21st, Judge F. A, Chenoweth, ordered the Territorial Marshal "to attach and safely keep the goods, moneys, effects, and credits of Daniel Harris (excepting such as the law exempts) or so much thereof as shall satisfy the sum of five hundred Dollars with interest and costs of suit." The same day the judge also ordered the marshal to "take the body of Daniel Harris and so provide that you have him before the District Court at the next Term of the District Court to be begun and held at the County of Whatcom on the 3rd Monday in April 1857, then and there to show Cause [sic] if any he has Why [sic] judgment & execution Should [sic] not be had Against [sic] him upon his forfeited recognizance." The file contains a response to each order from U.S. Deputy Marshall J. W. Lyser filed on February 11, 1857, stating that neither the property nor the defendant were to be found. However, the file contains no other records from February, 1857 and no subsequent documents to clarify the resolution of this case (See Note).

Note: An Edwin Rossman, presumably the same person, had been one of four individuals submitting affidavits in support of Dan Harris' notification for his Donation Land Claim on February 24, 1855 as related in the companion booklet, "Dan Harris Stakes His Claim."