James Riley v. Egbert H. Tucker. Indictment

 

United States of America}

Territory of Washington} SS

District Court of the United States of America for the Second District of Washington Territory.

At the Regular Term of the District Court of the United States, begun and held at Olympia in and for the second Judicial District aforesaid, on the second day of September AD 1861 it being the first Monday of said month the Grand Jurors, good and lawful men, duly elected empanneled, sworn and charged to inquire within and for the body of said District, on their oaths present That James Riley and Thomas Horn late of the District aforesaid, on the eighteenth day of August AD 1861 at the District aforesaid, in and upon one Scomiac alias Scomeuw alias Sternback alias John (an Indian) in the peace of the Territory then and there being feloniously wilfully and malice aforethought did make an assault and that they the said James Riley and Thomas Horn with a certain knife which the said James Riley then and there had and held in and upon the beast of him the said Scamiac alias Seomeuw, Alias Sternback alias John   (an Indian) then and there feloniously willfully and of their malice of aforethought did stab cut and mortally wound him the said Scomeac alias Scomeuw alias alias John (an Indian) of which mortal wound he the said Scomiac alias Scomeaw alias Stemback alias John (an Indian) did linger and lingering then and there did die and so the Jurors aforesaid upon their oaths aforesaid do say that the said James Riley and Thomas Horn him the said Scomeac alias Someuw alias Sternback alias John (an Indian) in the manner and by the means aforesaid purposely deliberately and with malice aforethought did kill and murder contrary to the form of the statute in such case made and provided and against the [?] and dignity of the Territory of Washington.

And the Jurors aforesaid upon their oaths aforesaid do further present that said James Riley and Thomas Horn at the District aforesaid and on the day and your aforesaid in and upon an Scomeac alias Scomeuw alias Sternback alias John (an Indian) in the [?] of the Territory then and there being, feloniously, wilfully and of their malice aforethought   at the District aforesaid and on the day and year aforesaid in and upon one Scomeuc alias Scomeuw alias Steinback alias John (an Indian) in the peace of the Territory then and there being, feloniously willfully and of their malice aforethought, and that they the said James Riley and Thomas Horn with a certain knife which the said James Riley then and there had and held in and upon the belly of him the said Scomeas alias Scomeaw, alias Steinback alias John (an Indian) then and there feloniously willfully and of their malice aforethought did stab cut and mortally wound him the said Snomeuc alias Scomeaw alias Sternback alias John (an Indian) of which mortal wound be the said Scomeac alias Scomeaw alias Steinback alias John (an Indian) did linger and lingering then died there did die. And so the Jurors aforesaid upon their oaths aforesaid do say that the said James Riley and Thomas Horn him the said Scomeuc alias Scomeuw alias Steinback alias John (an Indian) in the manner and by the means aforesaid purposely, deliberately and with malice aforethought did kill and murder contrary to the form of the statute in such  

did make an assault, and that they the said James Riley and Thomas Horn with a certain knife which be the said James Riley then and there had and held in and upon the side of him the said Scumeac alias Scomeaw alias Steinback alias John (an Indian) then and there feloniously willfully and of their malice aforethought did stab cut and mortally wound him the said Scomeac alias Scomeuw alias Steinback alias John (an Indian) of which mortal wound he the said Scomeac alias Scomeuw alias Steinback alias John (an Indian) did linger and lingering then and there did die, and so the Jurors aforesaid upon their oaths aforesaid do say that the said James Riley and Thomas Horn him the said Scomeac alias Scomeaw, alias Steinback alias John (an Indian) in the manner and by the means aforesaid, purposely, deliberately and with malice aforethought did kill and murder contrary to the form of the statute in such case made and provided and against the peace and dignity of the Territory of Washington.

And the Jurors aforesaid upon their oaths aforesaid do further present that said James Riley and Thomas Horn  

case made and provided aganst the peace and dignity of the Territory of Washington

And the Jurors aforesaid upon their oaths aforesaid do further present that said James Riley and Thomas Horn at the district aforesaid and the day and year aforesaid in and upon one Scomeac alias Scomeuw alias Steinback alias John (an Indian) in the peace of the Territory then and there being feloniously willfully and of their malice aforethought did make an assault, and that they the said James Riley and Thomas Horn with a certain knife which he the said James Riley then and there had and held in and upon the breast sides belly and back of him the said Scomeac alias Scomeuw alias Steinback alias John (an Indian) then and there feloniously willfully and of their malice aforethought did cut stab and mortally wound him the said Scomeuc alias Scomeuw alias Steinback alias John (an Indian) of which mortal wound he the said Scomeuc alias Scomeuw alias Steinback alias John (an Indian) did linger, and lingering then did there did die and so the Jurors aforesaid upon their oaths aforesaid do say that the said   James Riley and Thomas Horn him the said Scomeuc alias Scomeuw alias Steinback alias John (an Indian) then and there feloniously willfully and of their malice aforethought in the manner and by the means aforesaid did kill and murder contrary to the form of the statute in such case made and provided and aganist the personal dignity of the Territory of Washington

John J McGilvra

Prs Attty for W.T.

Witnesses one McLeod [] Gangier [] Corcoroan [] White [] Wamsley [] Bradly [] Tallenton [] Collineial [] E. Bradley

Ra Ward J

Foreman

Grand Jury

Murder

Territory of Washington vs James Riley and Thomas Horn

A true Bill

Ra Ward
Foreman

Deft Plead Not-Guilty

Witnesses

John McLeod

Carl Gorich

Thos Corcoran

Robert White

John Walmsley

Esther Bradly

Thos Tallenton

Thos Carroll

HE Bradley

Filed Sept 11, 1861

A.J. Moses Clerk

Witnesses endorsed at a number to 12 Sept 11th 1861.

Pros Attorney A.J. Moses Clerk

case made and provided, and against the peace and dignity of the Territory of Washington.