I know the particulars of the
following story well, because one of the men (Smith) was
shingling a house for me in the town of Pittsburgh, the
evening before he was murdered by Mamachtaga, and for which
murder, and some others, this Indian was tried. Smith had
borrowed a blanket of me, saying that he was about to cross
the river (Allegheny) to the Indian camp on the west side.
Here a party of Indians, mostly Delawares, had come in, it
being just after the war, and the greater part of these
Indians having professed themselves friendly during the war,
and their chief, Killbuck, with his family and that of several
others, having remained at the garrison, or on an island in
the Ohio river, called Killbuck's Island, and under the reach
of the guns of the fort. Mamachtaga had been at war against
the settlements with others of the Delawares who were now at
this encampment.
I went myself over to the encampment,
the next morning, and found the Indians there. Two men had
been murdered, Smith and another of the name of Evans, and two
wounded, one of them a dwarf by the name of Freeman. According
to the relation which I got from the wounded, there were four
white men together in a cabin when Mamachtaga, without the
least notice, rushed in and stabbled Smith mortally, and had
stabbed Evans, who had seized the Indian who was entangled
with the dwarf among his feet attempting to escape, and who had received wounds also in the
scuffle; the other white man had also received a stab. It
would appear that the Indian had been in liquor, according to
the account of the other Indians and of the white men who
escaped. Killbuck appeared greatly cast down, and sat upon a
log, silent. Mamachtaga made no attempt to escape. He was now
sober, and gave himself up to the guard that came over,
affecting not to know what had happened. The
seat of justice of Westmoreland county being 30 miles distant,
and the jail there not being secure, he was taken to the
guard-house of the garrison, to be confined until a court of
Oyer and Terminer should be holden in the county. Living in
the place and being of the profession of the law, said I to
the interpreter, Joseph Nicholas, one day, has that Indian any
fur or peltry, or has he any interest with his nation that he
could collect some and pay a lawyer to take up his defence for
this homicide? The interpreter said that he had some in the
hands of a trader in town, and that he could raise from his
nation any quantity of racoon or beaver, provided it would
answer any purpose. I was struck with the pleasantry of having
an Indian for a client, and getting a fee in this way, and
told the interpreter to go to the Indian, and explain the
matter to him, who did so, and brought me an account that
Mamachtaga had forty weight of Beaver, which he was ready to
make over, being with a trader in town, William Amberson, with
whom he had left it, and that he had a brother who would set
off immediately to the Indian towns, and procure an hundred
weight or more if that would do any good, but the interpreter
stipulated that he should have half of all that should be got,
for his trouble in bringing about the contract. Accordingly he
was dispatched to the Indian, from whom he brought, in a short
time, an order for the beaver in the hand of the trade with
Mamachtaga (his mark). The mark was something like a turkey's
foot, as these people have no idea of an hieroglyphic merely
abstract, as a strait line or a curve, but it must bear some
resemblance to a thing in nature. After this, as it behoved, I
went to consuit with my client and arrange his
defence, if it were possible to make one on which a probable
face could be put. Accompanied by the interpreter, I was
admitted to the Indian, so that I could converse with him; he
was in what is called the black hole, something resembling
that kind of hole which is depressed in the floor, and which
the southern people have in their cabins, in which to keep
their esculent roots from the frost during the winter season.
Not going down into the hole as may be supposed, though it was
large enough to contain two or three, and was
depressed about eight feet, being the place in which
delinquent or refractory soldiery had been confined
occasionally for punishment, but standing on the floor above,
I desired the interpreter to put his questions. This was done,
explaining to him the object of the inquiry, that it was to
serve him, and by knowing the truth, be prepared for his
defence; he Affected to know nothing about it, nor was he
disposed to rely upon any defence that could be made. His idea
was that he was giving the beaver as a commutation for his
life. Under this impression it did not appear to me proper
that I should take the beaver, knowing that I could do nothing
for him; besides, seeing the manner in which the dark and
squalid creature was accommodated with but a shirt and
breech-clout on, humanity dictated that the beaver should be
applied to procure him a blanket and food additional to the
bread and water which he was allowed. Accordingly I returned
the order to the interpreter, and desired him to procure and
furnish these things. He seemed reluctant, and thought we
ought to keep the perquisite we had got. On this, I thought it
was advisable to retain the order and give it to a trader in
town with directions to furnish these articles occasionally to
the officer of the guard, which I did, taking the
responsibility upon myself to the interpreter for his part of
the beaver.
An Indian woman, known by the name of the Grenadier
Squaw, was sitting doing some work by the trap-door of the
cell, or hole in which he was confined, for the
trap-door was kept open and a sentry at the outer door of the
guard-house, the Indian woman was led by sympathy to sit by
him. I had a curiosity to know the force of abstract
sentiment, in preferring greater evils to what
with us would seem to be less; or rather the force of opinion
over pain. For knowing the idea of the Indians with regard to
the disgrace of hanging, I proposed to the Indian woman, who
spoke English as well as Indian, and was a Delaware herself,
(Mamachtaga was of that nation), to ask him which he would
choose, to be hanged or burnt? Whether it was that the woman
was struck with the inhumanity of introducing the idea of
death, she not only declined to put the question, but her
countenance expressed resentment. I then recollected, and have
since attended to the circumstance, that amongst
themselves, when they mean to put any one to death, they
conceal the determination, and the time, until it is about to
be put in execution, unless the blacking the prisoner, which
is a mark upon such as are about to be burnt, may be called an
intimation; but it is only by those who are accustomed to
their manners that it can be understood. However, I got the
question put by the interpreter, at which he seemed to
hesitate for some time, but said he would rather be shot or be
tomahawked. In a few days it made a great noise through the
country that I was to appear for the Indian, and having
acquired some reputation in the defence of criminals, it was
thought possible by some that he might be acquitted by the
crooks of the law, as the people expressed it; and it was
talked of publickly to raise a party and come to town and take
the interpreter and me both, and hang the interpreter, and
exact an oath from me not to appear in behalf of the Indian.
It was, however, finally concluded to come into the garrison
and demand the Indian, and hang him themselves. Accordingly, a
party came, in a few days, and about break of day summoned the
garrison, and demanded the surrender of the Indian; the
commanding officer remonstrated, and prevailed with them to
leave the Indian to the civil authority. Upon which they
retired, firing their guns as they came through the town. The
interpreter, hearing the alarm, sprang up in his shirt, and
made for a hill above the town, calledGrant's-hill. On seeing
him run, he was taken for the Indian, who they supposed had
been suffered to escape, and was pursued, until the people
were assured that it was not the Indian. In the meantime he
had run some miles, and swimming the river, lay
in the Indian country until he thought it might be safe to
return.
It was not without good reason that the interpreter
was alarmed, for having been some years amongst the Indians,
in early life a prisoner, and since a good deal employed in
the Indian trade, and on all occasions of treaty, employed as
an interpreter, he was associated in the public mind with an
Indian, and on this occasion, considered as the abettor of the
Indian, from the circumstance of employing counsel to defend him. And before this time a party had come from
the Chartiers, a settlement south of the Monongahela, in the
neighborhood of this town, and had attacked some friendly
Indians on the Island in the Ohio, (Killbuck's Island) under
the protection of the garrison, had killed several, and
amongst them some that had been of essential service to the
whites, in the expeditions against the Indian towns, and on
scouting parties, in case of attacks upon the settlements. One
to whom the whites had given the name of Wilson, (Captain
Wilson) was much regretted by the garrison. A certain Cisna
had commanded the party that committed this outrage.
A day or two after his return, the interpreter came
to me, and relinquished all interest in the beaver that was
lodged with the trader, or expectant from the towns, that he
might, to use his own language, wipe his hands of the affair,
and be clear of the charge of supporting the Indian. The
fact was, that as to beaver from the towns I expected none,
having been informed in the mean time by the friendly Indians,
that Mamachtaga was a bad man, and was thought so by his
nation; that he had been a great warrior; but was mischievous
in liquor, having killed two of his own people; that it would
not be much regretted in the nation to hear of his death; and
that, except his brother, no one would give any thing to get
him off.
He had the appearance of great ferocity; was of
tall stature, and fierce aspect; he was called Mamachtaga,
which signifies trees blown across, as is usual in a hurricane
or tempest by the wind, and this name had been given him from
the ungovernable nature of his passion. Having, therefore, no expectation of peltry or fur in the case, it
was no great generosity in me to press upon the interpreter
the taking half the beaver, as his right in procuring the
contract; but finding me obstinate in insisting upon it, he
got a friend to speak to me, and at length I suffered myself
to be prevailed upon to let him off and take all the beaver
that could be got to myself.
It did not appear to me advisable to relinquish the
defence of the Indian, fee or no fee, lest it should be
supposed that I yielded to the popular
impression, the fury of which, when it had a little spent
itself, began to subside, and there were some who thought the
Indian might be cleared, if it could be proved that the white
men killed had made the Indian drunk, which was alleged to be
the case; but which the wounded and surviving persons denied,
particularly the dwarf, (William Freeman), but his testimony,
it was thought, would not be much regarded, as he could not be
said to be man grown, and had been convicted at the quarter
sessions of stealing a keg of whiskey some time before.
At a court of Oyer and Terminer holden for the
county of Westmoreland, before Chief Justice M'Kean, and
Justice Bryan, Mamachtaga was brought to trial. The usual
forms were pursued. An interpreter, not Nicholas, but a
certain Handlyn, stood by him and interpreted, in the Delaware
language, the indictment and the meaning of it, and the
privilege he had to deny the charge, that is the plea of "not
guilty" But he could not easily comprehend that it was matter
of form, and that he must say "not guilty"; for he was
unwilling to deny, as unbecoming a warrior to deny the truth.
For though he did not confess, yet he did not like to say that
he had not killed the men; only that he was drunk, and did not
know what he had done; but "supposed he should know when he
was under the ground." The court directed the plea to be
entered for him, and he was put upon his trial.
He was called upon to make his challenges, which
the interpreter explained to him, which he was left to make
himself, and which he did as he liked the countenance of the
jury, and challenged according to the sourness, or
cheerfulness of the countenance, and what he thought
indications of a mild temper The jurors,
as they were called to the book, being told in the usual form,
"Prisoner, look upon the juror —juror, look upon the prisoner
at the bar—are you related to the prisoner?" One of them, a
German of a swarthy complexion, and being the first called,
took the question amiss, thinking it a reflection, and said
with some anger, that ''he thought that an uncivil way to
treat Dutch people, as if he could be the brother, or cousin,
of an Indian"; but the matter being explained to him by
another German on the jury, he was satisfied,
and was sworn.
The meaning of the jury being on oath, was
explained to the Indian, to give him some idea of the
solemnity and fairness of the trial. The testimony was
positive and put the homicide beyond a doubt; so that nothing
remained for me, in opening his defence, but the offering to
prove that he was in liquor, and that this had been given him
by the white people, the traders in town. This testimony was
overruled, and it was explained to the Indian that the being
drunk could not by our law excuse the murder. The Indian said
"he hoped the good man above would excuse it."
The jury gave their verdict, guilty, without
leaving the bar. And the prisoner was remanded to jail. In the
meantime there was tried at the same court another person,
(John Bradly), on a charge of homicide, but who was guilty of
manslaughter only. Towards the ending of the court, these were
both brought up to receive sentence. The Indian was asked what
he had to say, why sentence of death should not be pronounced
upon him. This was interpreted to him, and he said that he
would rather run awhile. This was under the idea of the custom
among the Indians of giving time to the murderer, according to
the circumstances of the case, to run, during which time if he
can satisfy the relations of the deceased, by a commutation
for his life, a gun, a horse, fur and the like, it is in their
power to dispense with the punishment, but if this cannot be
done, having not enough to give, or the relations not
consenting to take a commutation, he must come at the end of
the time appointed, to the spot assigned, and there, by a
warrior of the nation, or some relative, son, brother, etc.,
of the deceased be put to death, in which case the tomahawk is
the usual instrument. No instance will occur in
which the condemned will not be punctual to his engagement.
And I think it very probable, or rather can have no doubt, but
that if this Indian had been buffered to run at this time,
that is, go to his nation, on the condition to return at a
certain period, to receive the sentence of what he would call
the council, he would have come, with as much fidelity, as a
man challenged, would on a point of honour come to the place
assigned, and at the time when, to risk himself
to his adversary. Such is the force of opinion, from
education, on the human mind.
Sentence was being pronounced upon the man
convicted of manslaughter. (In this case, the first part of
the sentence, as the law directs, was that of hanging, which
is done until the benefit of clergy is prayed by the prisoner;
out not understanding this, he was not prepared for the shock;
nothing could exceed the contortion of his muscles when a
sentence, contrary to what he had expected, was pronounced.
Being a simple man, he made a hideous outcry, gave a most
woeful look to the court, and country and begged for mercy;
and it was not for some time after that, having the matter
explained to him, and the benefit of the clergy being allowed,
he could be composed), sentence of burning in the hand being
now pronounced; at this moment the sheriff came in with a rope
to bind up his hand to a beam of the low and wooden
court-house in which we were, in order that the hot iron might
be put upon it.
Sentence of hanging had been previously pronounced
upon the Indian, on which he had said that he would prefer to
be shot; but it being explained to him that this could not be
done, he had the idea of hanging in his mind. Accordingly, by
a side glance, seeing the sheriff coming in with a rope, which
was a bed cord he had procured, having nothing else, in our
then low state of trade and manufactures, Mamachtaga conceived
that the sentence was about to be executed presently upon him,
and that the rope was for this purpose, which coming unaware
upon him, he lost the command of himself for a moment; his
visage grew black, his features were screwed up, and he
writhed with horror and aversion; the surprise not having
given time to the mind to collect itself, and on
the acquired principle of honour, to conceal its dismay or on
those of reason to bear with and compose itself to its fate.
Even when undeceived and made acquainted that he was not to
die then, he remained under a visible horror, the idea of
immediate death, and especially of hanging, giving a tremor,
like the refrigeration of cold upon the human frame.
Before he was taken from the bar, he wished to say
something, which was to acknowledge, that his
trial had been fair, and to express a wish, that his nation
would not revenge his death, or come to war on his account.
Being asked as he was taken off, by some of those accompanying
the sheriff, in conducting him to jail, whom he thought the
judges to be, before whom he had been tried, and who were on
the bench in scarlet robes, which was the official custom of
that time, and being of the Delaware nation, amongst whom
Moravian missionaries had been a good deal, and as it would
seem, mixing some recollections which he had derived from this
source, he answered that the one, meaning the chief justice,
was God, and the other Jesus Christ.
At the same court of Oyer and
Terminer was convicted a man for the crime against nature, and
at a court of Quarter Sessions a short time after, another, a
young man of the name of Jack had been convicted of larceny,
and was now confined in the same jail, and in fact in the same
room, for there was but one, with the Indian and the white man
before-mentioned; and though, upon account of his youth and
family connections, the jury in finding a verdict had
recommended him to pardon, for which the supreme executive
council of the State had been petitioned some time before;
nevertheless he could not restrain the wickedness of his mind
and had prevailed upon the white man, guilty of the crime
against nature, as he had to die at any rate, to save the
disgrace of being hanged, to consent to be murdered by the
Indian. The creature was extremely simple, and had actually
consented, and Jack had prepared a knife for the purpose, but
the Indian refused, though solicited, and offered liquor,
saying that he had killed white men enough already.
A child of the jailor had been taken sick, and had
a fever. The Indian said he could cure it, if he had roots
from the woods, which he knew. The jailor taking off his irons
which he had on his feet, took his word that he would not make
his escape, while he let him go to the woods to collect roots,
telling him that if he did make his escape, the great council,
the judges, would hang him, (the jailor), in his place. But
for greater security, the jailor thought proper to accompany
him to the woods, where roots were collected, which on their return were made use of in the cure of
the child.
The warrant for the execution of the Indian and of
the white man, came to hand, and the morning of the execution
the Indian expressed a wish to be painted, that he might die
like a warrior. The jailor, as before, unironed him, and took
him to the woods to collect his usual paints, which having
done, he returned, and prepared himself for the occasion,
painting highly with the rouge which they use on great
occasions.
A great body of people assembling at the place of
execution, the white man was hung first, and afterwards the
Indian ascended a ladder placed to the cross timber of the
gibbet; the rope being fastened, when he was swung off it
broke, and the Indian fell, and having swooned a little, he
rose with a smile, and went up again, a stronger rope in the
mean time having been provided, or rather two put about his
neck together, so that his weight was supported, and he
underwent the sentence of the law, and was hanged till he was
dead.
This was during the Indian war, and the place on
the verge of the settlement, so that if the Indian had taken a
false step, and gone off from the jailor while he was looking
for roots for the cure, or for painting, it would have been
easy for him to have made his escape; but such is the force of
opinion, as we have before said, resulting from the way of
thinking amongst the Indians, that he did not seem to think
that he had the physical power to go. It was nevertheless
considered an imprudent thing in the jailor to run this risk.
For if the Indian had made his escape, it is morally certain that in the then state of public mind, the
jailor himself would have fallen a sacrifice to the resentment
of the people.—Loudon's Indian
Narratives.