A seven-man vanguard of Captain Murice Moloney's troops, returning from home to Fort Steilacoon from the Yakima area via the Naches Trail passed through Leschi's camp located in the foothills. A mile beyond that point the group was ambushed and A. B. Moses lay dead.

The clerk's entries recording the Grand Jury indictment of Leschi and Wingean, Indians, for first degree murder is dated Monday, November 3rd, 1856.

Antonio B. Rabbeson

It was determined that there was sufficient evidence to support charging Leschi and Wingean, Indians, with first degree murder in the death of Abram Benton Moses.

Leschi is captured through the treachery of a relative. His nephew Sluggia betrays him and delivers him to the Territorial authorities for a reward of 50 blankets.

Dr William F. Tolmie

Ezra Meeker

The chief witness for the prosecution was Antonio B. Rabbeson, the same gentleman who acted as Jury Foreman in the Grand Jury that issued the indictment of Leschi. His testimony however does not directly state that he saw the man he took to be Leschi fire the shot that killed Moses.

When cross-examined about how he knew Leschi he states, "Has lived within six or seven miles, but did not often camp on my prairie. I did not know his name, for the ten years called him old man or Staub." He verifies that his only means of identifying Leschi is by Leschi's coat and hat.

At the time Colonel Moses was shot, Rabbeson and other witnesses testify that Moses was 50 to 75 yards ahead of Rabbeson. However, under oath, Rabbeson states that Moses was 100 to 150 yards ahead. Volunteers with Rabbeson and Moses all testify that they never saw Leschi during the ambush. Territorial Volunteer Andrew Bradley testifies, "Knew Leschi well. I looked around saw, Rabbeson and Miles back of me, tried to see Indians, could not because of smoke rising from guns." Bradley also disputes Rabbeson's claim that he talked with Leschi at Connell's Prairie prior to the ambush. "I have recognized the place spoken of. I did not see Leschi there. I saw Rabbeson talking with two Indians on horseback. Neither of them was Leschi."

Leschi denies shooting Moses. He claims he wasn't there.

The Court records of Leschi's first trial detailing the arguments of the attorneys and the testimony of the witnesses disappeared on April 5, 1859 when they were burned in a fire. Therefore, apart from bits of newspaper articles of the day, we have mainly the remembrances of one member of the jury on which to rely. As reported by Ezra Meeker, in his book, The Tragedy of Leschi, the judge issued instructions to the jury:

The judge, in his charge to the jury, had gone further. He not only told us if the deed of killing Moses was as an act of war the prisoner could not be held, but he also indicated to us what constituted a condition of war. I cannot, of course, pretend to quote his words, though the incident has been so often discussed, his meaning appears vivid in my mind almost as if his words had been spoken but yesterday. (Meeker 217)

A declaration of war, he said, consisted of acts as well as words, and that in Indian warfare a formal declaration was never expected and that with civilized nations often omitted; that the fact of war between nations often preceded a formal declaration, and that acts of war in such cases shielded the person from individual responsibility, and that if we found, at the time Moses was killed, a state of war existed between our Government and the Indian tribes as such, then the prisoner could not be held; otherwise, even if proven only an accessory, we must bring in a verdict of guilty. (Meeker 217)

The argument in the jury room was that the Indians were at war against our Government and that the United States Government acknowledged the fact by sending organized troops against them; that, taking the case of the very man on trial before them, he and his people had committed no depredations or acts of war prior to the date acting Governor Mason had sent the Eaton Rangers to make war on them; that these troops had proceeded to his very home to forcibly carry him away, and that from them en harrowly escaped capture by hastily taking to the dense forests and secreting himself; that then and not until then, he fled and went to Green River and was followed by this same troop of nineteen armed men organized as volunteers; that four days before the killing of Moses one of these (McAllister), with arms on his person had been killed; that three days previous the people on White River had been massacred; that Capt. Hewitt's company of volunteers had been organized prior to this and was on the point of going into their country if not for war, then what for? that Moses himself belonged with the military arm of the Government and was on duty connected with that service; that while it was true that Moses was with the company that was making war on the Yakimas, yet no such nice distinction ought to lie as it was a fair presumption that his arm of the service was ready to make war on the tribes west of the mountains as well.(Meeker 217-18)

The contention, on the other hand, was that Leschi and those with him did not represent the tribe; that they were marauders and nothing more. Governor Stevens harped upon this in his official correspondence, that the tribes, "as such," had not gone to war and hence those engaged in hostilities were not entitled to the rights of war (Meeker 218)

The secret ballot of the petit jury developed for conviction and four against. The balloting went on-eight-four, eight-four eight-four-with pallor on the cheeks of more than one juror, for it was well known what the feeling on the outside was for vengeance. Finally, from ballots, the jurors passed to words and hot words at that-almost to the point of intimidation. That scene I shall never forget. The judge had charged that if the deed was done as an act of war the prisoner could not be held answerable to the civil law. Four of us so held and refused to convict. We came into court and asked to be discharged as no agreement could be reached, and were sent back again with instruction we must agree... Two of the parties finally gave way leaving Father Kincaid and myself as the forlorn hope. It would have made no difference, though, whether another remained firm or not. Father Kincaid say, "I never will vote to condemn that man," and he never did. He and I stood out to the last against conviction and Leschi was saved for the time being. The jury was discharged and Leschi remanded into the custody of the military authorities at Fort Steilacoom for safe keeping until a regular term of court convened. (Meeker 216)

According to the surviving clerk's record, the jury could not agree, therefore the Court discharged the jury from further services and the cause was continued until next regular term of the District Court. The first trial ended in a hung jury.

Meeker, Ezra. The Tragedy of Leschi. Everett, WA:
The Printers, 1980.