3. Colonel Henry Landes, paymaster general. 6. Colonel Frank T. Gilbert, assistant quartermaster general on staff of commander-in-chief. 7. Colonel Wellington Clarke, assistant inspector general on staff of commander-in-chief. Judge advocate, Captain Charles H. Merriam, second infantry regiment. The accused (and W. H. Gorham, his counsel) also present. The proceedings of the 6th instant were then read and approved. Argument as to the jurisdiction of the court was taken up by the prosecution judge advocate, and was replied to by W. H. Gorham, counsel for the accused. On motion of Colonel Henry Landes, at 11:45 A. M., the court took recess until 2 P. M. On motion of Colonel Henry Landes the court went into secret session to consider the question of jurisdiction. The court was thereupon closed, the accused, his counsel and the official stenographer retired, and after due deliberation the court concludes and decides: That the plea of John C. Haines, in the matter of the charges preferred against John C. Haines, colonel first regiment infantry brigade, National Guard of Washington, to the jurisdiction of the court martial convened pursuant to special order No. 7, c. s., dated general headquarters, National Guard of Washington, adjutant general's office, Olympia, Wash., October 19, A. D. 1891, is hereby denied and sustained, as follows, to wit: Said plea is denied as to reason 1, assigned therein; said plea is denied as to reason 2, assigned therein; said plea is denied as to reason 3, assigned therein; and said plea is allowed and sustained as to reason 4, assigned therein, which said allowed and sustained reason is in the words and figures following, to wit: "That a court martial, convened under the authority of section 30 of an act of the legislature, approved March 27, 1890, entitled 'An act to provide for the organization, maintenance and discipline of the militia of the State of Washington,' cannot proceed with the trial of any officer or enlisted man of the National Guard of Washington until the military board, established under said act, shall provide for such courts a method of procedure conforming to the regulations, articles of war, and practice for the government of the army of the United States, as required by the terms of said section 30." Upon motion of Colonel J. Kennedy Stout this court now take Brigadier General, N. G. W., President Court. Captain, Second Regiment, N. G. W., Judge Advocate Court Martial. OLYMPIA, November 13, 1891. Let an order issue approving the findings of the court as stated therein. ELISHA P. FERRY. Governor and Commander-in-Chief. EXHIBIT D. REPORT OF GENERAL CURRY ON THE INDIAN TROUBLES IN OKANOGAN. COUNTY. HEADQUARTERS FIRST BRIGADE, N. G. W., SPOKANE FALLS, Jan. 24, 1891. To General R. G. O'Brien, Adjutant General, N. G. W., Olympia: DEAR SIR-In pursuance to telegrams received from you I sent Lieutenant Colonel Waters to Coulee city to arrange for transportation to Conconully, a distance of ninety miles from railroad. I left here with Lieutenant J. J. White, Wednesday, January 14th, with the arms and ammunition and an escort of four men. We arrived at Coulee City on the evening of January 14th and delivered fifty guns and five hundred rounds of ammunition to J. C. Kellner for Almira, Lincoln county, and fifty-two guns and five hundred and thirty-two rounds of ammunition to J. R. Lewis, chairman county commissioners of Douglas county for Coulee City. On Thursday, January 15th, we started for Conconully and arrived there Saturday evening, January 17th, and delivered one hundred and seventy-eight guns and thirty-two hundred and forty rounds of ammunition to D. McGilvera, chairman of county commissioners of Okanogan county. While crossing the Columbia river I learned that the Indian farmer Thomas was in the neighborhood and I dispatched a courier to have him meet me at Conconully, and at Ruby City I engaged the services of Lew Broede and his squaw to gather together all the Indians with a view to holding a consultation. Learning that the Indian farmer Thomas had a good deal of influence with the Indians I proposed to him to go into the upper part of the country and invite the leading men and the young men to meet me for a conference on the reservation on Tuesday. After assisting in forming an independent military company at Conconully, giving them some instructions and advice on military drill, we left for Cumming's Ferry, a distance of twenty miles, on Mon day, January 19th, and arrived there that night. On Tuesday, January 20th, we crossed the Okanogan river into the reservation, and there met chief Smitkin, Antwine and captain Ameos, Gabrael, Narcis and Klappellatan with about seventy-five of their men. We held a council "with Father De Rouge as interpreter," and I told them that bringing arms into the country did not mean war, but if the white men were attacked they would defend themselves, but the arms were not brought in to shoot Indians. I told them that I represented the state with a large force of well equipped and drilled men; that the white men became alarmed and asked the governor to send troops and arms, but that the governor, instead of sending troops, had sent me to investigate, and I hoped that on my return I should be able to make a favorable report; that the Indians must not hold all the white men responsible for the acts of a few white men; that two wrongs did not make a right; that I did not uphold the white men in hanging the Indian Steven, but that if the Indians went to war it would probably be a war of extermination; that I should recommend that, when the court met, that an investigation be made to try and bring to justice all parties concerned in the hanging of their comrade Steven; that I could not promise them that the men would be punished for I knew not whether their guilt could be proven. I told them that it was understood by a few white men that when the Indians dance it meant war, and exacted a promise from them to stop it, because bad white men might take advantage of it and do something rash, which would cause war. I told them above all things to let whisky alone and try and help ferret out all parties concerned in selling them whiskey and report them to the farmer, Thomas, whose heart was in the right place for the Indians. Chief Smitkin then arose and said: I am but a poor man, and not a great chief. I and my men work for the church, and the church teaches us to be good and behave ourselves and give up drinking; that he was glad that we came and sorry at what had happened; that now that we were there, we could see for ourselves and state things in their true light. If we had not come, things would be all in the dark. We could see for ourselves that they were all good; that they came from all over the country to see us; that there was no truth in what had been said; that the Indian farmer two days ago had heard their minds, and there had been no change since; that he was glad we had come and glad to meet us. I asked him if he knew of any one who had made any threats to kill white men in order to get even for the hanging of the Indian Steven, and he answered that he had never heard of any of his boys making any threats to kill white men; that they were all glad at the treatment the boy had had after death; that the white man who had brought the body to them was very much afraid, but I told him there was no danger. I slept with him myself that night under my blanket, and in the morning took him to Cummings. I That is all never heard of anything to be done to the white men. I have to say, and am glad to have met you. I asked him if there was any truth in the report that some of the younger boys had threatened to get even in one, two or three moons, and if he knew them, and in case of an outbreak if he could control them, and he answered that he had not heard of any threats being made, and that now after this conference he thought the young men would listen to the advice of the older men and chiefs. Doc John, the father of the dead boy, then arose and said that he had told all the boys to be of good heart. Of course they were all sorry for what had happened, but they were not mad or angry, . and that nobody had any intention of doing anything wrong that the white people might be ashamed of, and the chiefs of all the If tribes around there had always told them to keep the peace. he was a great chief he would say more, but would never cease to speak well of the white people; that he was glad we had come to our own children to know their minds. They did not know themselves what was the matter with the white people, and that perhaps now that we were there, we might be able to make the hearts of all the white people feel glad. That the whisky came to them from the white people and not from the Indians, and that perhaps the white chief might be able to stop that, and if so, it would do them much good. I told him that the white chief could not stop the manufacture of liquor, but with their help could stop the sale of liquor to the Indians; also that the Indians must not go around armed, unless when hunting, in order not to arouse newcomers; also that when rumors came to them from British Columbia and the Buffalo country in order to enlist them in warfare, they must report the matter to the officers; that if war was declared against another country, they were expected to defend this, their own, country. Doc John replied that he would not talk any more; that he had no hard feelings against the white people, and would not |