The third and fourth legal actions in which the records show that Dan Harris was involved were intertwined both in their precipitating circumstances and in their prosecutions. Both cases were initiated before George Insler, Justice of the Peace, ten days apart. A complaint for larceny was brought by William Nicholls on July 9, 1867 and a complaint for smuggling was brought by Edward Eldridge on July 19th. The hearing of the first complaint began on July 10th, when Nicholls swore that on Wednesday, June 26th on his way to work he had met Dan Harris and asked him when he was going to Victoria. When Dan replied he would be going the following day, Nicholls asked him if he would purchase a draft for Twelve Pounds Sterling at the Bank of British North America for Nicholls to send to his mother in Worcestershire, England. When Dan agreed to do so, Nicholls took Dan to his cabin, got sixty-five dollars in gold coins and gave them to Dan Harris along with directions for purchasing the draft.

    Nicholls related that he saw no more of Dan Harris until July 4th when he saw him on the porch of the store from his cabin. He approached Dan and asked if he had brought back the check and Dan said, "No." Nicholls asked him the reason why and Dan responded, "I got a little tight and ran short of money and used it." Nicholls asserted that his mother was eighty-five years old and had nothing to eat but what he sent her. He claimed that Dan's response was, "No more haven't I nothing to eat" and promised to reimburse Nicholls if he could collect a little money that was owed to him. Nicholls claimed that he went to Dan's house two days later taking Thomas Wagner along and again asked Dan for the sixty-five dollars. Reportedly, Dan asserted, "I knows nothing at all about it . . . it was a plot laid betwixt you and a lot of you to send me off to Victoria and put somebody to wait for me to catch me." Nicholls claimed that he then asked Dan for a note and Dan refused to provide one or to take any action for ninety days until he saw how the case would be decided. Nicholls further claimed that Dan Harris also asked him where his receipt for the money was and that he did not answer. Nicholls was asked how much a draft for twelve pounds would cost and he answered "$62.50." He was then asked the purpose of the additional $2.50 and he replied it was to pay Dan Harris for his troubles. However, he admitted that he had not made clear to Dan his intent to allocate the extra money as reimbursement.

    Seven witnesses were called on July 10th. A Mr. Brown insisted that he had not seen William Nicholls give Dan Harris any money. However, he stated that he had been at Col. Dann's when Dan told him that Nicholls had given him money to be sent to Nicholls' mother, that he had spent it for an unspecified purpose, that "he couldn't pay the money when he didn't have it (and) he didn't calculate him (Nicholls) to lose any-thing." Brown denied Dan Harris' purported allegation that in a conversation "between here and the coal mines" he had told Dan, "you had better settle this affair with Mr. Nichols or the boys would mob him?"

    Joseph Jewell was called and avowed that "last Saturday" (July 7th) he had accused Dan Harris of behaving "very mean" toward William Nicholls. He claimed Dan replied that "'Mr. Eldridge and Billy Nichols [sic] had sent this money with him to get him catched.'" Charles Wilson was called and swore that he had been "playing cards in Col. Dann's on the 4th (and) Dan (Harris) came in and told me he had been to Victoria and had a misfortune. . . the worst of it was the money he laid out in Victoria did not belong to him, it belonged to billy [sic] Nicholls." Wilson said Dan had identified the misfortune as having "lost his stuff" and had "said he was going to try and get a boat and go to Port Townsend and get the money and pay him (Nicholls) back again.'

    Thomas Wagner was called and stated that he had talked to Dan Harris on the 4th or 5th about the money he had received from Nicholls and Dan replied that "they had nipped him and Billy Nicholls would nave to suffer." Wagner confirmed having accompanied Nicholls to Dan Harris' house and hearing Dan declare to Nicholls "if you can show any thing to prove I got this money from you I will make it all right with you." A Mr. Hodge was called and claimed having no knowledge of Dan Harris receiving money from William Nicholls and admitted to seeing "his (Harris') boat and some goods being seized for a violation of the revenue laws." He stated that he had seen everything that had been seized and that a bank draft was not included.

    William Poole was called and said he heard Dan Harris say "it would be no loss of his'n [sic] it was Billy Nicholls' money. He insisted that he had been "busy playing cards and took no notice to what was said." Finally, James Farmer was called. He testified that he had told Dan Harris "Eldridge has nailed you" and Harris replied "Oh, I won't lose nothing by it, that old Billy Nichols [sic] would suffer by it." Court was then adjourned until the following day and the defendant was taken into custody.

    The court reconvened on Thursday, July 11th and the case was continued until the next term of the District Court to be held at Port Townsend. Bail was fixed at $500 in default of which Dan Harris was placed in custody of the Sheriff (presumably F. F. Lane). James Kavanaugh, who followed Lane ass Sheriff, noted in his diary between July 8th and 16th that:

Dirty Dan stole $60 from Billy Nichols for which he was put in jail, and finding no one to go his bonds, he will have to remain there until the meeting of the District Court.

    However, payment of bail was pledged by Dan Harris on July 22nd with John H. Plaster and William Smith as sureties. Apparently, Dan spent only twelve nights in jail.

    When the Third District Court convened at Port Townsend on September 2, 1867 and a Grand Jury empanelled, Prosecuting Attorney, James K. Kennedy recited the charge against Dan Harris, stating:

"That Daniel Harris of Whatcom County, Territory of Washington, on the fourth day of July, in the year of our Lord one thousand, eight hundred and sixty seven, at Whatcom County aforesaid, being then and there employed by William Nichols [sic] as his agent, did by virtue of his said employment, then and there receive and take into his possession sixty-five dollars in gold coin of the United States, the property of the said William Nichols, [sic] and the said money, did then and there feloniously and fraudulently convert to his own use, contrary to the statute in such case made and provided, and against the peace and dignity of the Territory of Washington."

    The surviving case file contains no further documents. The end papers show that it was filed on September 4, 1867.

    The continuation of Nicholls' suit against Harris was given a new case number (609). The first entry in this case file, although undated, appears to record proceedings occurring in 1868. It recounts the basic facts of the case and indicates that a summons was served on the defendant to appear in court on the 19th with no month being specified. On that day, William Nicholls restated his suit and Dan Harris refused to file an answer. Consequently, the case was continued until the 17th day of September. On that day, Dan Harris did not appear in court and a judgment was issued against him for $65 plus $4.50 in costs.

    Apparently no further action regarding the case took place until February 15, 1869, when William Nicholls appeared before Edward Eldridge to plead for an execution against Dan Harris to satisfy the previous judgment and an execution was issued. The execution was returned by the Sheriff on March 1st with the report that no personal property had been found.

    The next item in the file is the following appeal by William Nicholls to the District Court dated March 2, 1869:

The plaintiff in this case appears and swears that the judgment obtained by him against Daniel Harris for the sum of sixty five dollars and costs, has not been satisfied, nor any part thereof, that an execution was issued and returned by the Sheriff no personal property to be found, and further swears that the defendant has real estate in this county subject to execution; and prays for a transcript of this Judgment in order that an execution may be issued from the district Court thereon.

    The final item in the case file is a writ dated March 13, 1869 by B. F. Dennison, Associate Justice of the Superior Court and Judge of the Third District Court. It recognizes the validity of the judgment against Dan Harris and orders the Sheriff of Whatcom County to seize a sufficient amount of Dan' personal property to satisfy the debt and cover interest and expenses and, if adequate personal property was not found, to move against his real property. The sheriff was directed to report to the court within sixty days. The file contains no further documents. However, the end paper, states that the record of the case was filed on "Pages 44 & 45 in the Record of Judgments & executions" on March 23, 1869 by E. Eldridge, Auditor, and contains a note signed by E. Eldridge, Justice of the Peace for Whatcom Co., that the case was "Withdrawn, the debt having been settled."

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