[Shadow_Group] Hero or Murderer? Historical Court May Clear Name of Chief Leschi

[shadowgroup-l at lists.resist.ca]

Hero or Murderer? Historical Court May Clear Name of Chief Leschi 
By Rebecca Cook, Associated Press Writer 

Yelm, Wash. (AP) _ Chief Leschi fought to preserve his tribe's way of life and died a hero to his people. 

But in the official records of Washington state, Leschi is a convicted murderer, hanged for the death of a militia soldier in the 1855 Indian War. 

Everyone from Leschi's executioner to respected historians have questioned his guilt. Next week, the chief justice of Washington state's Supreme Court will convene a historical trial to seek justice, at long last, for Chief Leschi. 

``It's a search for the truth,'' Chief Justice Gerry Alexander said. 

The search began generations ago, among Nisqually Indians who kept Leschi's legacy alive through stories they told their children and grandchildren. 

Cynthia Iyall, a descendant of Leschi's sister, remembers visiting her grandfather's home on a bluff where Leschi (pronounced LESH-eye) and his brother Quiemuth (KWAY-muth) used to camp. 

``It was just fantastic. He would tell us how they used to burn the prairies for grazing, and about their horses,'' Iyall said. ``They had a view for miles. I could imagine way back when, Leschi and Quiemuth sitting up there watching the militia men.'' 

Iyall grew up knowing Leschi's life by heart. She didn't dwell much on his death until she had a child and started thinking about the stories she would pass down to him. 

``It really makes a big difference to know who your ancestors are and where they came from, and pass that on to your kids,'' Iyall said. ``To know our historical icon, the person who is why we are here today, is considered a murderer _ the people of Washington state need to know the true history.'' 

Legend says a bright star rose over the Nisqually plains the night Leschi was born in 1808. Wealthy in horses, Leschi was also known for his wisdom and eloquence. 

The Nisqually Indians did not have formal chiefs, though. That distinction was conferred upon Leschi by Isaac Stevens, Washington's first territorial governor, who needed someone to sign treaties for the tribe. 

The Medicine Creek Treaty of 1854 defined reservations for the Nisqually and several other Puget Sound tribes. An X appears next to Leschi's name, though some historians say he refused to sign. The treaty consigned the Nisqually _ whose original name, Squally-absch, meant ``people of the river and people of the grass country'' _ to a high forest, cut off from their homes on the prairie and the river. 

War between the Indians and the territorial militia broke out in 1855, and in 1856 Leschi was captured on Stevens' orders. 

The government charged Leschi with the murder of Col. A. Benton Moses, a militia soldier killed in battle. The trial ended with a hung jury. At the second trial, the court refused to instruct the jury that killing an enemy solider in war is not considered murder. Leschi was convicted and sentenced to death. 

On appeal, the territorial Supreme Court declined to consider new evidence showing Leschi was miles away when Moses was killed. 

The U.S. Army refused to execute Leschi, as military leaders believed the rules of war should have prevented him from being charged with murder. Then as now, debate raged about the distinction between prisoners of war, ``enemy combatants'' and terrorists. 

Pierce County authorities oversaw Leschi's execution on Feb. 19, 1858. 

Indian drums sounded in the distance as Leschi stood on the gallows. His hangman, Charles Grainger, later said, ``I felt then I was hanging an innocent man, and I believe it yet.'' 

Leschi did win one battle in the end: after his death, the government moved the Nisqually reservation to a more suitable spot on the river, about 50 miles south of Seattle, where his descendants still live. 

When Iyall was hired as the Nisqually tribe's economic development planner, she also became chairwoman of the Committee to Exonerate Chief Leschi. Building on decades of research by tribal historians, she lobbied to set the record straight. 

Iyall teamed up with Melissa Parr, a curator for the Washington State Historical Society. The Leschi story had captured Parr's imagination several years ago, but she wasn't sure how to change history. 

``He was standing up against something that was wrong. That's in the hearts of all of us,'' Parr said. ``That's what heroes are made of, and it doesn't matter your color.'' 

Parr and Iyall found a powerful friend in Pierce County Executive John Ladenburg. 

The more Ladenburg read about Leschi's execution in his home county, the more he felt compelled to do something. 

``It became clear to me this was a miscarriage of justice. He got lynched, with court approval,'' Ladenburg said. He rejected the idea of a pardon, saying pardons are for guilty people. 

``We want to establish the historical record and make sure people understand what really happened,'' Ladenburg explained. 

The Legislature passed a resolution last spring urging the Supreme Court to vacate Leschi's conviction. Chief Justice Alexander said he didn't think the current Supreme Court has the power to overturn a decision made by the territorial Supreme Court _ which was technically a federal court. Plus, he doubted anyone would have legal standing to petition the court on behalf of a man who's been dead nearly 150 years. 

Instead, Alexander proposed a ``Historical Court of Justice,'' judged by himself and a racially diverse panel of six other Washington jurists. 

Next Friday they will meet at the Washington State History Museum in Tacoma to consider evidence from trial records and hear testimony from historians. Ladenburg and Nisqually attorneys will represent Leschi, while two Pierce County prosecutors will argue the government's case. 

``It's going to be hard to do _ there's not a lot of direct evidence,'' Alexander said. The ruling will be symbolic, but Alexander and Leschi's supporters believe it will speak strongly enough to set the record straight for good. Alexander promised the court has no predetermined verdict. 

``This has got to be a straight up-deal,'' Alexander said. ``I'm going in with a totally open mind.'' 

Many Washington residents already know Leschi's name _ several schools, some monuments and even a posh Seattle neighborhood are named after him. Soon, Iyall hopes, everyone will know the truth about the hero of her grandfather's stories. 



http://www.imdiversity.com/Villages/Native/Daily_News.asp<http://www.imdiversity.com/Villages/Native/Daily_News.asp> 

FREE LEONARD PELTIER!!


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