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DAN HARRIS GOES TO COURT


Trial for Allegedly Inciting a Northern Tribe to Hostility
Case No. 64, U.S District Court, Third Judicial District
    The second trial overlapped the first, opening in the Third District Court on October 20, 1856. The case file's cover page indicates that the offense was "Violation of U.S. Treaty inciting the Indians to hostilities against the Whites," that J. W. Lyser was Foreman of the Grand Jury and that the witnesses were Joel Clayton, Thomas York, Thomas Jones, William R. Pattle and Francis Caty, however, the file contains no record of their testimony. The cover page also contains a note over the signature of Judge F. A. Chenoweth that bail was set at $500. The caption on the indictment repeats the charge listed on the cover page, however the accusation brought by District Attorney Henry R. Crosbie was that on October 11, 1856 Dan Harris had offered to lead a party of "Stickene [sic] Indians from the British possessions" in an attack on "a certain band called the Lummi Indians now at peace with the United States," offering to "furnish them with arms and ammunition." On the same day, the court ordered George W. Corliss, U.S. Marshall, to summon as additional witnesses, "James S. Hedge, Edward Chandler, Alexander McClain and Josaphene [sic], an Indian Woman, to appear Instants [sic] before the Grand Jury now in Session [sic]." A return by Marshall Corliss indicates that he delivered the subpoenas the same day, however, the testimony of these witnesses has not been preserved.

    On October 21st, Judge Chenoweth issued a subpoena for Dan Harris to appear at the next term of the court to be held in Whatcom County however, no date was specified. The file contains another subpoena issued by Judge Chenoweth on February 14th for Dan Harris to appear on Monday, August 10, 1857 at a session of the court to be held at Coveland, Island County. However, the file has no record of any court proceedings conducted in February 1857. The final record in the file is the return of an Alias Warrant for taking $500 in bail by Marshal Corliss stating that the defendant was not found. This document was dated on the 10th day of a month in 1857 however, the name of the month is illegible. The file contains no records indicate how the case was settled.

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