“murder,” and ordered 1857. The territorial Supreme Court af- Chief Leschi Exonerated his arrest. More than a firmed his conviction after refusing to con- of Murder — 146 Years year later, Leschi sur- sider new evidence: an Army map indicated rendered after being Leschi was miles away from the scene of After His Execution assured by the Army Moses’ death. In its decision, the Court that he wouldn’t be wrote that Leschi was the “leader of the by Hans Sherrer prosecuted for acts Indian forces that “cruelly waged” war on committed by the settlers, “sacrificing citizens” in the Puget hirty-four years Nisqually during the war. However Gov. Sound region.” 2 The Court’s decision ex- Tbefore the Stevens didn’t think the territorial govern- hibited passion and prejudice against Le- Washington Territo- ment was bound by the Army’s agreement. schi, who was the chief of the Nisqually ry became the State On November 16, 1856, three days after his Tribe that reacted hostilely to being dis- of Washington, the arrest, Leschi was put on trial for Moses’ placed from their lands by white settlers. Chief Leschi (Washington Historical Society) Nisqually Indian “murder” in the federal territorial court. Nation and white Leschi was hanged on February 19, 1858, settlers in the Puget Sound area were engaged The prosecution’s case rested on one eyewit- outside of Fort Steilacoom, south of present in what became known as the Indian War of ness — Antonio Rabbeson — who claimed day Tacoma. The Army refused to partici- 1855-56. The territorial government precipitat- Leschi was present when Moses was shot. pate on the grounds that Moses was a casu- ed the war after members of the Nisqually However Leschi claimed he wasn’t involved alty of war, and had not been murdered. At Tribe refused to agree to a land cession treaty in the skirmish during which Moses was the time many people, including his execu- that would have created a 900 acre reservation killed, and his counsel vigorously attacked tioner, believed Leschi was innocent. in western Washington for the tribe. Rabbeson’s credibility. One distinct irregu- Charles Grainger, his hangman later said, “I larity was Rabbeson chaired the grand jury felt then I was hanging an innocent man, On October 31, 1855 a firefight occurred east that indicted Leschi for capital murder. The and I believe it yet.” 3 of present day Tacoma between the territorial trial ended in a hung jury because two jurors militia and members of the Nisqually Tribe. held out for Leschi’s acquittal. One of those Since the time of his conviction and execu- During that skirmish, volunteer militiaman jurors, Ezra Meeker, stated that Rabbeson tion, the Nisqually have considered that Colonel Abrams Moses was shot and killed. was “obviously lying.” 1 Chief Leschi was unfairly prosecuted for Moses’ death. Beginning in 2002, members Territorial Governor Isaac Stevens blamed Leschi was convicted of murder and sen- Nisqually Chief Leschi for Moses’ tenced to death after a retrial in March Chief Leschi cont. from p. 32 Hangman cont. from page 30 Condren’s release from prison. Condren spite of all that has been done since, was set free in 1990. that a mistake was possible and in the NSW, 1980. Douglas Harry Rendall was NSW, 1990. Roger Graham Bawden, sur- form of which a verdict was given in a convicted of murder. Rendall served nine rendered himself to Queanbeyan police particular case, a mistake was made. years before a judicial inquiry into his and confessed to a murder he committed conviction concluded he was innocent. in 1973. Another man, Johann Ernst Sieg- I hope no future Home Secretary, in Rendall was released from prison and fried (Ziggy) Pohl, had been convicted of office or after he has left office, will ever granted an unconditional pardon. the murder and had already served over have to feel that - although he did his Northern Territory, 1982. Lindy Cham- ten years in prison. The murder of Kum best, although none would wish to ac- berlain was convicted of murder. Served Yee “Joyce” Pohl at Queanbeyan became cuse him of being either careless or inef- four years before a Royal Commission of the subject of a special judicial inquiry ficient — in fact he sent a man who was Inquiry headed by Mr Justice Trevor Mor- which cleared Ziggy Pohl of the murder. not guilty, as charged, to the gallows. ling concluded she was innocent. Lindy Pohl was freed from prison and granted Chamberlain was released from prison, an unconditional pardon. Reprinted and edited with permission of the compensated for wrongful imprisonment author. Bernie Matthews is a convicted bank and granted an unconditional pardon. The wrongful imprisonment of an innocent robber and prison escapee who has served Queensland, 1983. Barry Mannix was person is a grave miscarriage of justice. But time for armed robbery and prison escapes accused of murdering his father at Surfers the execution of an innocent person is an in Australia — New South Wales (1969- Paradise. After allegations Queensland irrevocable miscarriage of justice. There is 1980) and Queensland (1996-2000). During police fabricated Mannix’s confession to no reprieve from the grave. his periods of incarceration he studied jour- the murder, three other men were arrested nalism and received scholarships to study as and confessed to the crime. Barry Mannix In February 1955, British Home Secretary an external student at the University of was immediately released from prison. Chuter Ede revealed the weight of that re- Southern Queensland. Queensland, 1984. Kelvin Condren was sponsibility when he addressed the House He is now a journalist. convicted of murder. He served six years of Commons on the death penalty in the before the High Court of Australia and Timothy Evans case: The unedited version of the Queensland Court of Criminal Ap- The Hangman And The peal cast serious doubts on the conviction I was the Home Secretary who wrote Electric Chair - Part I and his alleged confession. After exam- on Evans’ papers “the law must take (July 28, 2005), and ining the evidence, Queensland Attor- its course.” Part II (July 29, 2005) ney-General Deane Wells recommended is available at, I think that the Evans case shows, in http://www.onlineopinion.com.au JUSTICE DENIED: THE MAGAZINE FOR THE WRONGLY CONVICTED PAGE 31 ISSUE 33 - SUMMER 2006 Leschi continued from page 31 the “law of war” Moses’ death was not a sion had historical significance; and, a state murder by whoever killed him, but an un- of war existed between the Washington of the Nisqually Tribe, including some of fortunate consequence of the conflict. Territorial government and the sovereign Leschi’s descendants, began a concerted Nisqually Nation at the time of Moses’ campaign to clear his name. The effort paid After more than three hours of testimony and death on October 31, 1855. off in 2004 when both the Washington State presentation of evidence, the prosecution House and Senate passed resolutions recom- and defense made their closing arguments. Justice Alexander then announced the mending that the State Supreme Court con- Court’s decision that was based on all evi- duct an extraordinary review of Leschi’s Prosecutor Hultman passionately and me- dence relevant to determining Leschi’s guilt conviction. Although Chief Justice Gerry thodically argued the State’s position that or innocence — irrespective of whether it Alexander declined to have the Supreme the Court should be bound by the regular was within or beyond the bounds of the trial Court review the conviction, he was instru- rules of appellate procedure, and not con- record. The judges unanimously decided mental in organizing a Historical Court of sider any evidence that wasn’t in the trial that regardless of who shot Moses, “The Inquiry and Justice to retry Leschi in absentia. record. He asserted that under the appellate killing was a legitimate act of war, immune standard of viewing the evidence in the from prosecution.” 6 Consequently, Leschi Chief Leschi’s Retrial light most favorable to the prosecution, the was declared “exonerated” of Abrams Mo- Court should defer to the jury’s guilty ver- ses’ death. The trial was arranged to be held on Decem- dict in 1857 that was affirmed by the Terri- ber 10, 2004, in a make-shift courtroom torial Supreme Court. Thus, even though there was significant and seating about 200 people in the basement of compelling evidence that Leschi was not the Washington State Historical Society in Defense counsel Ladenburg countered that present at the scene of Moses’ death, as judg- Tacoma. Seven judges were selected to sit the verdict was fatally flawed in light of the es are apt to do, the seven member court took in judgment of the case — six state judges evidence of Leschi’s innocence that wasn’t the shortest route to reaching its decision by that included Chief Justice Alexander, and a considered by the jury, and the failure of deciding that irrespective of his whereabouts, judge representing the Nisqually Tribe. Al- the jurors or the Supreme Court to consider he had been charged, prosecuted, convicted exander said before the trial, “This really is that Moses’ death could not be considered and executed for a non-existent crime. uncharted territory. It’s got real challenges a murder under the state of war that existed and greater difficulty.” 4 Indicative of the between the Nisqually and the territorial One of the judges that exonerated Chief trial’s uncharted territory, is it was a hybrid government. Ladenburg argued that irre- Leschi, Thurston County Superior Court adversarial proceeding, combining elements spective of the compelling evidence of his Judge Daniel Berschauer, observed, “Even of both a trial and an appellate review.