Leschi's second trail lasts just one day and he is found guilty and sentenced to hang on June 10, 1857. There are delays because of the appeals and the Territorial Supreme Court schedules the Leschi execution for June.

Justice McFadden writes

The case comes before us on a writ of error to the Second Judicial District. The prisoner has occupied a position of influence, as one of a band of Indians, who, in connection with other tribes, sacrificed the lives of so many of our citizens, in the war so cruelly wages against our people on the waters of Puget Sound.

It speaks volumes for our people that, notwithstanding the spirit of indignation and revenge, so natural to the human heart, incited by the ruthless massacre of their families, that at the trial of the accused deliberate impartiality has been manifested at every stage of the proceedings.

Leschi v. Washington Territory, 1 Wash. Terr. 13 (December 1857)

These were his last words

"I do not see that there is any use of saying anything. My attorney has said all he could for me. I do not know anything about your laws. I have supposed that the killing of armed men in war time was not murder; if it was, the soldiers who killed Indians were guilty of murder, too. The Indians did not keep in order like the soldiers, and, therefore, could not fight in bodies like them, but had to resort to ambush and seek the cover of trees, logs and everything that would hide them from the bullets. This was their mode of fighting, and they knew no other way.

Dr. Tolmie and Quatlith*, the red-headed chief, warned me against allowing my anger to get the best of my good sense, as I could not gain anything by going to war with the United States, but would be beaten and humbled, and would have to hide like a wild beast in the end. I did not take this good advice, but nursed my anger until it became a furious passion, which led me like a false Ta-man-u-ous [an Indian spirit].

I went to war because I believed that the Indians had been wronged by the white men, and did everything in my power to beat the Boston soldier, but for lack of numbers, supplies and ammunition I have failed. I deny that I had any part in killing Miles and Moses. I heard that a company of soldiers were coming out of Steilacoom, and determined to lay in ambush for it; but did not expect to catch anyone coming from the other way. I did not see Miles or Moses before or after they were dead, but was told by the Indians that they had been killed. As God sees me, this is the truth."

Leschi then made the sign of the cross, and said in his own Nisqually tongue,

"Ta-te mono, Ta-te lem-mas, Ta-te ha-le-hach, tu-ul-li-assist-ah,

which being interpreted, means, There is the Father, this is the Son, this is the Holy Ghost; these are all one and the same, Amen.

(*Quatlith was the Indian name for Col. Shaw.)

EXECUTION IS DELAYED

When the day of execution arrived a large concourse of people assembled at Steilacoom to witness the death of so celebrated a character. But the friends of the doomed man had prepared a surprise for them. The sheriff of Pierce county and his deputy were arrested upon a charge of selling liquor to the Indians. An attempt was made by Secretary Mason to obtain the death warrant, in possession of the sheriff, which was frustrated until after the hour fixed for the execution had passed, during which time the sheriff remained in custody with no attempt to procure his freedom.

This plot, executed between the prisoner's counsel and the military authorities at Fort Steilacoom, aroused a lively indignation on the part of the majority of the people. Public meetings were held and all persons concerned in the frustration of the sentence of the courts were condemned, and the legislature requested to take cognizance of it. The legislature passed an act requiring the judges of the supreme court to hold a special session on or before the first of February, at the seat of government, repealing all laws in conflict with this act. The case was remanded to the court of the second judicial district on a writ of error, and an order issued for a special session of the district court, before which Leschi was again brought, when his counsel entered a demurrer to its jurisdiction, which was overruled, and Leschi was, for the third time, sentenced to be hanged on the nineteenth day of February.

From A Pioneer's Search for an Ideal Home by Pheobe Goodell Judson

Gov. Fayette McMullen

Due to appeals, the execution is delayed. During this time, Governor Stevens resigns (He is elected Washington's delegate to Congress) and President James Buchanan appoints a new Governor, Fayette McMullen. Friends of Leschi mount a strong appeal but to no effect as 700 settlers protest against a pardon. On the day of execution, a large crowd gathers but they are disappointed as Leschi does not hang. READ WHAT HAPPENED

Judson, Pheobe Goodell. A Pioneer's Search for an Ideal Home.
Bellingham, WA: Union Printing, Binding and Stationery Company,
1925.

Governor McMullen refuses to pardon Leschi and the Territorial Legislature orders the Supreme Court to set another execution date, February 19, 1858. However, the Army refuses to let the civilian authorities execute Leschi within the army fort, maintaining that he is a prisoner of war. Finally, Governor McMullen directs that a scaffold be built a mile east of Fort Steilacoom where the execution of Leschi is carried out.