The Whitman Massacre Trial: 1850 - Five Cayuse Braves Arrested, The Trial Begins, Passionate Closing Arguments, The Sentence Is Death

oregon kintzing indian joe

Defendants: Telokite, Tomahas, Kiamasumkin, Isiaasheluckas, Clokomas
Crime Charged: Murder
Chief Defense Lawyer: Kintzing Pritchette
Chief Prosecutor: Amory Holbrook
Judge: Orville C. Pratt
Place: Oregon City, Oregon Territory
Dates of Trial: May 21-24, 1850
Verdict: Guilty
Sentence: Death by hanging

SIGNIFICANCE: This trial was the foremost attempt by the newly created Oregon Territory to move away from makeshift, frontier justice and to conduct a disciplined trial following formal court procedures such as: a written summary of proceedings, appointment of defense counsel, pretrial motions, organized selection of jurors, provision for interpreters, right of cross-examination, and observance of other decorum and safeguards. In spite of these protocols, former folkways surfaced and the trial reflected just the beginnings of a new order yet to be fully embraced. The trial also foreshadowed the degree to which U.S. courts would go in prosecuting Indians for crimes committed against U.S. citizens on Indian lands.

On November 29, 1847, deep in the wilds of the so-called "Oregon Country,"13 missionaries and white settlers were brutally murdered at a mission located off the Oregon Trail and near the Waiilatpu Camp of the Cayuse Indian nation. Eight months later, Congress and President Polk made Oregon a U.S. territory and sent officials (including Governor Joe Lane, Secretary Kintzing Pritchette, U.S. Attorney Amory Holbrook, Judge Orville C. Pratt, U.S. Marshall Joe Meek and a mounted rifle regiment) to bring U.S. government to the Pacific northwest and more specifically to try and punish the murderers.

Additional Topics

The Whitman Massacre Trial: 1850 - Five Cayuse Braves Arrested

Two more years passed before U.S. troopers arrested Chief Telokite and four other Cayuse braves and brought them over two hundred miles to Oregon City to be tried for the murder of Dr. Marcus Whitman, his wife Narcissa, and the other victims. On Tuesday, May 21, 1850, Judge Pratt appointed three defense counsel (Secretary Pritchette and two calvary officers) to represent the five prisoners, who re…

The Whitman Massacre Trial: 1850 - The Trial Begins

On Thursday morning, in selecting a jury, prosecutor Holbrook dismissed two of the 24 summoned prospects and the defense eliminated 20. So, Marshall Meek had to collar more prospects from the spectators. Although Cayuse tribesmen were in the audience, all of the 12 jurors chosen were white men, as was required by law. The prosecutor called four witnesses: all former white residents at the mission …

The Whitman Massacre Trial: 1850 - Passionate Closing Arguments

The closing arguments to the jury took over three hours. The defense counsel used the greatest amount of time. Indeed, one of the army officers took up half the time and broke two water tumblers in the process. In an era of fiery oratory, so-called "summations" typically took longer than the testimony. On Friday morning, Judge Pratt took 70 minutes to instruct the jurymen as to the l…

The Whitman Massacre Trial: 1850 - The Sentence Is Death

On Friday afternoon, Judge Pratt pronounced the sentence: On June 3, 1850 "… you are … to be taken by the Marshall … to the gallows … to be erected in Oregon City and there … be hung by the neck until you are dead." During the 10 days between the trial and the execution date, defense counsel Pritchette had one last card to play on behalf of the pris…

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User Comments

over 1 year ago

Whitman Middle School student

BillyBobAlabam, you should be ashamed of your hateful comment. The Whitmans had good ideals but did not understand the Native American culture and brought deadly diseases that ended up wiping out many tribes. I'm doing a mock trial in my class on this case and I believe the Cayuse actions were justified after the many warnings they gave and then the tipping point, the murder of Peo Peo Mox Mox's son by a white man. Violence is never the answer but if you take a look at the motive behind the killings--self-defense (the Cayuse wanted to protect their people after they heard a false story from Joe Lewis that the Whitmans were planning to poison the tribe to seize their land). Incidentally my school is named after Marcus Whitman, a man who I admire for wanting to help others but also am sad at the harm he ended up causing to the native people who were in this land LONG before white settlers.

almost 2 years ago

j:)

i think it was correct what the indians did marcus whitman didn't respect them and the cayuse indians did.whitman never payed the land the indians gave them.my school is named after marcus whitman and i think it should not be named after a bad person.we should be called cayuse and our mascot should be an indian not wildcats.INDIAAN PRIDE <3

almost 3 years ago

I am making a mock trial with my class about the Whitman Massacre. I am an attorney for prosecution.I am really excited. I have to find out all the information about what happened and prepare different arguements. Wish me luck! (anyone who is reading this)

over 2 years ago

BillyBobAlabam

So sad for the Whitmans and other decent Americans. Only good thing to come out of this was the extermination of the Cayuse and hanging 5 indian trash.

10 months ago

GERMANY RULES!

almost 2 years ago

Robert Van Pelt

Greetings to the readers, Would like to coment of the ingigenous population that was involved in this historical event. They are still members of these nations thriving. May they still hold the honor of protecting their people. Funny how history never mentions the youth that was asked by the chiefs to enter Oregon city to find out what was taking place with their tribal members. He was capture and hanged. Be proud Oregon.

almost 2 years ago

BM3beenthere

you should know of the enviroment of the place that you practice. i think that docters today should be accountable like whitmen was. i am all for what the "native americans" did.

almost 3 years ago

umm the whitman massacre was a big deal because of the trial right? for the indians to be guilty didnt the trial have to last?

almost 3 years ago

I need some primary sources, maybe a newpaper article printed about the massacre back then, or the a record of how the trial went down. Im not finding anything in the Library of Congress... Help?

almost 4 years ago

How did this alll start?

about 4 years ago

I hve to do a report on Captain Thomas Clairborne in my PNW class, and I'm not finding anything I need on him. I'll have to give the report on my birthday aswell. I'm so busy this month with this project, areading assignment for my language arts class, and I'm also in charch of this party planning comity