Antonio Rabbeson and Sluggia are subpoenaed to give witness before the court in the second trial of Leschi. Israel I. Wright, William Tolmie, John Swan, Michael Simmons, Charles Mason, John McAlister, and A. J. Bradley, among others, also receive a subpoena to appear.

Leschi is indicted a second time for murder. In a trial lasting just one day, Leschi is found guilty and sentenced to hang on June 10, 1857. The jury in the second trial is not told to consider the act of war circumstances.

B. F. Kendall is the prosecuting attorney.
Col. Wallace and Frank Clark are the defense attorneys.

Leschi pleads not guilty to the murder of A. B. Moses.

The jurors, selected from a list of settlers, are:
Turner R. Roundtree
William Woodbridge
John Henning
Joseph Walraven
Edwin Marsh
George Staywood
Josephus Eckler
Benjamin Horner
Levi Shelton
Thomas Dean
James Tullis
John B. Dickerson

The second trial is held in Thurston County where anti-Indian sentiment is high.

As in the first trial, Antonio B. Rabbeson, the chief witness for the prosecution, provides conflicting testimony. He offers a "very detailed narration of everything" as recorded in the indictment:

In latter part of October 1855, with Bright, Tidd Moses and others, [I] left Maloney's camp. In Connell's Prairie met party of Indians - had a long conversation with them, was several minutes talking with them. Among them were several that I knew personally - none that I knew the names of at the time. After we left Connell's Prairies came on three fourths of a mile to a wide stretch [of] swamp. After we had got into the swamp - 4 were in the swamp some 150 yards - 3 of us near the edge of the swamp, when we received a volley. When the firing commenced I looked behind me to see if any one was killed. I discovered Mr. Miles off his horse. I rode back to assist Mr. Miles, and assisted him across the swamp out of gun shot. While I was assisting Mr. Miles, holding his horse, three Indians stepped out. Two out of the three fired. I then rode on three or four miles, overtook the balance of my company, and there found Mr. Moses. He was wounded and I believe was dying at the time. Mr. Moses was left some 100 or 150 yards off of the Road on the far edge of Finnell's Prairie. I did not see Mr. Moses after, till he was brought in dead. I saw a wound somewhere about left breast. He told me at the time that he was shot through the back. Mr. Moses did not tell me when he received the wound. Mr. M. was aware he was dying. I don't know how long I was in riding from swamp to where [I] overtook Moses. [I] rode fast, was left alone. Mr. Moses was 100 to 150 yards ahead of me when volley was fired in the swamp.

I took one of the Indians who came out to be Quiemuth - the other Leschi, prisoner at the bar, [the] third [I] did not know. Leschi was the one that fired, and fired towards me. I had been more or less acquainted with him for ten years - had seen him very frequently before that time. In Connell's Prairie we saw a party of Indians, among them Leschi. He said he supposed the Connell house was burned by accident. He said four Bostons were living at Lemmons Bottom, men who had claims there. Leschi was friendly. Some ¾ of mile from the swamp (there is more than one route by which the swamp can be reached. The wagon road is ¾ of a mile, and the trail 300-400 yards) we traveled the road. It was a large party of Indians we met on the Prairie. Left Leschi on the Prairie. This swamp is in Pierce County. It was either the 30th or 31st of October 1855. The three Indians who were in the swamp were from 30 to 50 feet distant, so close that they didn't think it worthwhile to take sight-quite a number of guns fired after that-some on high ground. Heard no guns except around there. Knew Abram Benton Moses. Several days after I left him [I] saw his corpse. Left him 100 yards from the road on the prairie. From the place where I met the Indians on the prairie they would have to travel 100 yards to get to the trail. I believe the prisoner at the bar is the Indian I saw fire the gun. It was a short time after the first volley to the time [the] Indians stepped out and fired the first gun.

Under cross-examination he tells the Court:

A. B. Moses, Miles, Tidd, Bradley, Bright, Burns were the six with me, seven altogether. Capt. Maloney is a W.1. officer. There was more than one company under his command. Capt. Hays was under his command. We left them on Nah-chess on the other side of [the] mountains. Tidd & Bradley were express men. I belonged to Capt. Hays' company. We saw Indians on Connell's Prairie ¼ to ½ mile off and coming up. We were skylarking and hurra[h]ing . The man on the best horse got first to them.

Dr. Burns said he was going to shoot Leschi. Burns called him by the name Leschi. I told him not to do it. I don't know what Indian he calculated on shooting for Leschi. One of the Indians we talked with came from near the house, Connell's that was burned. [I] did not know him. I don't recollect seeing but one painted Indian on Prairie.

Have known Leschi ten years. Leschi was one of the Indians we talked with. He stated these men lived on Lemmon's Bottom. Was asked why he & Indians were there. Said [they] were going to winter stock.

Leschi has been around my house often. [He] lived often round Glasgow, been at my house to sell meat. Several Indians I know as well who lived within six or seven miles, but did not often camp in my prairie. I did not know his name. For the 10 years called him old man and Staub.

I was a witness on Winyea's trial. Did speak of his hat and coat. Did not speak of his having a scar on his forehead. Was asked if Winyea was there, spoke of the Indian with [illegible]. On my [illegible] at Dr. Tolmie I described him, the Indian's clothing that I saw. Dr. Tolmie said from my description of the clothes that it was Leschi, as he had seen his clothes. But he had not seen a hat. Afterward I went to inquire about the hat - some of his people said Leschi had such a hat as they told them.

It was ¼ mile from this end of prairie. I went through this [illegible] It may be more than I have said, but I am confident of it. Others our party-some three or four-talked with the Indians. I think Tidd talked. Don't know what Indian first spoke to. Somewheres near the house.

Leschi [was] not with the party when [they] first came up. Can't tell what colored horse he was on. Cannot tell how many mounted Indians there. Some mounted squaws, only two of the Indians talking with me mounted.

I think Burns reached the Indians first, cannot say who next. Some little time after we got there he talked of Indian shooting. Burns took gun out of Indian's hand, and horned the powder out of the [illegible] then spoke about shooting Indians.

Capt. Maloney was moving against the Yakimas. On the 22nd October we started from Steilacoom. Indians do gamble and sell clothes constantly.

Charles Mason gives testimony that he knew the prisoner in the Fall of 1855.

Sometime in the month of October of that year certain reports about Leschi came to me. After Capt. Hays marched I sent a messenger for Leschi. He was in my office on 22nd day of October. I considered him from his conduct before friendly. We told him of the reports. He promised to camp in town and thanked us. He left on the 24th October. Capt. Eaton's company was sent to look for him as he did not come in. Capt. Eaton commanded a company of Rangers - were raised perhaps a week before.

Those scouts were raised to watch those tracks over the mountains - had known Leschi personally for two years, though not by his name until some time that Fall. First knew his name when I met him in a buggy with Dr. Tolmie.

Andrew J. Bradley tells the court that he knows Leschi well:

Became acquainted with him in Fall 1854. Saw the party of Indians on Connell's Prairies, coming back from Maloney's camp. As we rode up the men run into the bush. Women could not get away. We called the men to come out - two or three came out. The first Indian, a young Indian, rode up to us on horseback. Dr. Burns took the gun from [the] Indian. Said it was Leschi when we rode on. I was the first to ride on - perhaps 50 or 75 yards in swamp when we were fired upon. I look around [&] saw Rabbeson and Miles back of me. Tried to see [the] Indians, [but] could not because of smoke rising from their guns. Then Dr. Burns and Bright came rushing on, hollored [sic] to get out of the swamp. Dr. Burns whipped my horse. We rode on lively as we could out. Road so narrow Bright could not get by. I had to go ahead. We rode on 1 ½ to 2 miles when Mr. Moses said he was wounded and should fall off his horse. I stopped my horse, he fell towards me as he came up. I caught him and carried him off the road. [He] said he was shot through, just below the heart.

I had just got up the hill some 50 to 75 yards when Rabbeson and Tidd came up and saw Mr. Miles was killed. Mr. Moses then asked us for some water. All he said was to Mr. Rabbeson and myself who were the last to leave him. He said "Boys, save yourselves and if any of you are saved, remember me." Sad he would not live. We then left him and in two days and nights got into Steilacoom. I could not say how many Indians on horseback when we first came up. They got out of the way. I have recognized the place spoken of. I did not see Leschi there. I came here in the Fall 1854. Some cattle were left behind. I went after them, could not get across the Puyallup with them. Leschi came and helped me over. I, my horse, and cattle were going downstream when he helped me. I have seen him since often. A year afterward at Olympia I saw him. He knew me and spoke of it.

I was ahead of Rabbeson when first attacked - some 50 yards. Afterwards distance increased. It was a cloudy day, towards sunset. About 15 or 20 minutes after we left the Indians were fired on. About sundown about 10 minutes to ½ hour after we met the Indians we were fired on. I was near enough to recognize them.

I saw Rabbeson talking with the Indians with two men on horseback. Neither of them was Leschi. The question he asked of the Indians was as to the people living in the vicinity. One of us, perhaps Tidd, asked about Connell's house. They said they supposed Eaton's Company camped there and burnt it. Said there were four Bostons on the Puyallup.

In cross-examination, Bradley is asked: "Where was Moses when shot?" He replies:

I suppose in [the] swamp. NO other shots fired except in the swamp he spoke of - 1mile or 1 ½ miles off.

I spoke of its being the fall of 54 I talked with Leschi here. It was in the Spring.

A. J. Simmons is called to the witness stand:

Me and Rabbeson had a conversation one day going from Mr. Smith's early one morning. I asked him if he saw Indians in the swamp. [He] said he did and [I] understood him to say he did not know any of them-was not close enough to distinguish. He said nothing of his acquaintance with Leschi at that time or any other time.

Dr. William F. Tolmie testifies that he has known the prisoner since 1843:

[Leschi] lived on the Nisqually Plains. [I] never knew him to live near Eatons-that prairie [is] not considered to be his land, but the land of other Indians. [I] came here in 1843. Leschi was pointed out as the particular friend of the Shepherds. Since Americans came [I] never knew him to be unfriendly until July 1855, when I knew him to be dissatisfied about the Treaties, about the Reservation. He wanted to go to Olympia to talk about it, [but] was afraid to go. [He] was told by the Olympia Indians that he would be tied if he came. He is a Yakima by the mother side, a Nisqually by father. Heard Mr. Rabbeson's testimony. Rabbeson came to the fort on his way in, and gave a very detailed account of everything. [He] said there was shouting and noise when they rode up to the Indians. He told also that Burns took a gun from the Indian and held it and spoke of killing the Indians. Others dissuaded him from it. Said he knew several of the Indians by sight. I then described Leschi and a coat I had sold him. [Rabbeson] said he thought that was Leschi. A question was made about a hat the Indian had on. Mr. Rabbeson described [the] Indian's hat. I said Leschi [was] lately at the place with [a] felt hat like it.

Under cross-examination Tolmie says,

In early times Leschi was not on friendly terms. [He was] recently a sub-chief, made so by Indian agents. [He] has been at Nisqually 13 years-highest absence three months.

I remember telling Mr. Mason he was a shrewd Indian, hard to fathom and find out. Remember to have told Mr. Mason when he was in the buggy with me that he was Leschi. He said "Oh, that Leschi!! I might have taken him often. He has sold game often to me."

John Swan testifies:

I was a sub-Agt. From Nov. 17, 1833 to Feby 6, 1856 on reserve opposite Steilacoom. Leschi came there for the purpose of having a talk about making peace. Came there with 33 of his men. The tenor of this conversation while there was to make peace with the whites. Said he had got tired of the war. As the Steamer [Beaver] approached the reserve a great deal of confusion was caused. As it came the Indians expected to be [illegible]. Leschi came to me, told me to go off to the steamer and tell the officer what he had said. I told the officer the proposition. I then took back another to Leschi. I went on board again with their reply. I went back and stood on shore. Leschi told me if the soldiers were coming onshore for me to stay on board or I might get killed. Quiemuth was not there. Kanasket was there but neither he nor Leschi tried to molest me. I was in his power there 36 hours and was not tied during the time as has been said.

Israel H. Wright, a juror at the first trial of Leschi, is asked to state whether Rabbeson had described Leschi at that trial:

He said he saw Leschi and he had a scar on his forehead. Said he saw him at one place on the edge of the swamp. Said he saw him also on the prairie, Connell's Prairie.

When cross-examined, he states emphatically:

I state this distinctly on my oath. I was on the jury and took particular notice. [I] am not so positive he said it of him. He did of other Indians.

Mr. T. Simmons tells the court:

[I] was present at Winyea's trial. I understood Rabbeson to give description of Leschi, what he knew him by, as that he had a scar on his face.

Simmons is cross-examined and says:

Don't recollect but that others testified as to [a] scar. I understood Rabbeson to say that he knew him by this scar.

John Walker, Mr. Porter, A. C. Lowell, George W. Corliss, Andrew Byrd and W. D. VanBurien are all recorded as having heard Rabbeson's testimony in the first trial. All appear to agree that they heard "the testimony at Steilacoom by Rabbeson but heard no description of Leshi by Rabbeson at Winyea's trial."

With that, the prosecution rested, and no other evidence was offered by either side.

The Court told the jury that they had now heard the arguments of counsel and charges of the Court and that the closing counsel had to some degree gone outside the case, that all the jury had to decide upon was the evidence given upon the trial-the law they were to take form the Court. This statement was not made in writing, nor were any instructions asked for or given in writing by the Court before the argument of counsel, but the instructions were given orally. The jury retired to consider of their verdict and after then return into Court with their verdict and before it [had] been rendered the defendant excepted to the statement made to the jury by the Court. And the said jury gave their verdict against the said defendant in words following:

We the jury find the defendant guilty as charged in the Indictment and that he suffer death.

Whereupon the counsel of the said Leschi, defendant, move the said Court for a new trial.