Nez Perce
Forlorn Hope: The Battle of White Bird Canyon
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Chapter I:
ENDNOTES

1. Larry Ott was born on February 19, 1836, in Blair County, Pennsylvania. In 1856 he traveled to San Francisco by boat and prospected around Marysville and elsewhere. In 1859 he moved to Virginia City, Nevada, and in 1862 made his first journey to Idaho. During the next two years, he spent time in Auburn, Oregon, and Walla Walla, Washington. In 1864 he returned to Idaho, and in 1872 he settled on the south side of the Salmon River at Horseshoe Bend, where he began farming and ranching. In the beginning he fenced only a small parcel of land, but in the spring of 1874 he decided to extend his fence line to enclose a small piece of property that had been formerly used as a campground by the Nez Perce. The Indians objected, but Ott ignored them and began plowing. In a fit of anger, Eagle Robe threw a rock at Ott and knocked him to the ground. Ott retaliated by pulling his revolver and shooting the chief, who died a few days later. A grand jury looked into the matter but discharged the case, because the Indian witnesses refused to be sworn on the grounds that it was unnecessary. Agent Monteith believed that Ott had not been justified but was powerless to act. The failure to convict Ott was but one example of the general lack of law enforcement in cases involving the Nez Perce and another addition to a long list of Indian grievances. General Howard remarked in an article written in 1879 that the slow process of civil law, and the prejudice against Indians in all frontier courts, almost invariably prevented the punishment of crimes against the Indians. "Lawrence Ott," An Illustrated History of North Idaho (Western Historical Publishing Company, 1903), p. 513; Mark H. Brown, The Flight of the Nez Perce (New York, 1967), p. 64; O. O. Howard, "The True Story of the Wallowa Campaign," The North American Review, 129 (1879), p. 56.

2. I have followed Lucullus McWhorter in the details of the incident that prompted Shore Crossing to begin the blood bath on Salmon River. One of the Indians whom McWhorter relied upon in writing his history was Two Moons, who rode at the end of the horse column and undoubtedly witnessed the happening. Unfortunately McWhorter does not specify the exact source of his information, and in an account of Two Moons reproduced later in the book, the old warrior does not go into the details surrounding the departure of the avengers. He does indicate, however, that the main cause of the outbreak was liquor rather than insult. Because of the lack of definite evidence relating to the McWhorter version, it must be accepted with some reservations, and it becomes necessary to relate other plausible accounts. Yellow Bull claimed that Shore Crossing became intoxicated one evening and rode through the camp firing his rifle and boasting of his bravery. An old man was not impressed and challenged him to prove his courage by killing the murderer of his father. In 1878 Duncan McDonald wrote that the insult came from the relative of a girl whom Shore Crossing had compromised. See McWhorter and Two Moons in Hear Me My Chiefs! (Caldwell 1952), pp. 188-90, 201; Account of Yellow Bull in Edward S. Curtis, The North American Indian (20 vols., Norwood, 1911), 8, p. 164; and McDonald, "Goaded to the War-Path," The New Northwest (Deer Lodge, Montana), June 21, 1878, p. 2.

3. Although McWhorter accepts the statement of Camille Williams (War Singer) that Shore Crossing was a teetotaler, Two Moons, Yellow Bull, and Joseph among others state that the warriors had been drinking heavily. See Two Moons in Hear Me, p. 201; Yellow Bull in North American Indian, 8, p. 164; and "Chief Joseph Was a Great Indian," The Indian School Journal 5 (1904), p. 39.

4. At the time of the outbreak the boy was known as Red Sun-rayed Grizzly, but after the war he "put away" the name and took that of his father, Swan Necklace. Yellow Wolf found it more comfortable to refer to the Indian by his later name and historians have followed suit. McWhorter, Yellow Wolf: His Own Story (Caldwell, 1948), fn. 10, p. 44.

5. A letter from L. P. Brown to the Commanding Officer of Fort Lapwai on June 14 definitely establishes that the parade took place on June 13. McWhorter states that Shore Crossing spent the night brooding over the insult before deciding to take action and that the war party left the camp early in the morning the following day. Subsequent testimony, however, will show that the avengers departed before noon on June 13 and stopped a number of places on White Bird Creek and Salmon River before darkness came. Most historians follow McWhorter's lead and perpetuate the error. See letter from Brown to Colonel David Perry, June 14, in O. O. Howard, Nez Perce Joseph (Boston, 1881), pp. 90-91; McWhorter and Camille Williams in Hear Me, pp. 190-91.

6. Byron Defenbach, Idaho, The Place and Its People (3 vols., Chicago, 1933), 1, p. 415.

7. Helen J. Walsh, "Personal Experiences of the Nez Perce War" (University of Washington Library, Seattle, Washington), pp. 4-6; O. O. Howard, p. 102; Helen Addison Howard, Saga of Chief Joseph (Caldwell, 1965), p. 155; Chester Anders Fee, Chief Joseph: The Biography of a Great Indian (New York, 1936). p. 82; Francis Haines, The Nez Perces: Tribesmen of the Columbia Plateau (Norman, 1955), p. 219.

8. Letter from Camille Williams to McWhorter, c. May, 1942, packet 164, item 103, McWhorter Collection (Washington State University Library Archives, Pullman, Washington); Hear Me, p. 191.

9. Ott had made a trip to Florence where he had fallen ill. He later returned to the region and later served as a scout for Captain Trimble. "Lawrence Ott," North Idaho, p. 513; Letter from E. R. Sherwin, et al, to Governor Brayman, Slate Creek, June 30, 1877, in Eugene B. Chafee, ed., "Nez Perce War Letters to Governor Mason Brayman," Fifteenth Biennial Report of the Board of Trustees of the State Historical Society for the Year 1935-1936 (Boise, 1936), pp. 55-56. The Nez Perce claimed that Ott had feared for his life and fled to the Florence mines. According to them, he disguised himself as a Chinese to escape detection and panned for gold until it was safe to return to his ranch. Hear Me, p. 191; Yellow Wolf, p. 44.

10. Cone was one of the few settlers in the canyon who actually purchased his land from the Nez Perce. In 1863 he paid Chief Whistle Knocker $1200 for the land, and he continued to maintain good relations with the Indians throughout the rest of his life. "Charles P. Cone," North Idaho, p. 550.

11. H. W. Cone, "White Bird Battle," (Idaho Historical Society, Boise, Idaho), p. 2.

According to War Singer the Indians reached the Devine ranch late at night. Leaving the horses in charge of Swan Necklace, the avengers entered the shack where they found the old man awake. He was no match for the young warriors, and they killed him with a bullet from his own rifle. [14] Following the murder the party decided to retrace its steps and pay a return visit to Jurden Henry Elfers. The German had some fine horses and his heart had not always opened to the Nez Perce. [15]

12. Charlotte M. Kirkwood, The Nez Perce Indian War Under Chiefs Joseph and Whitebird (Grangeville, Idaho, 1928), pp. 40-41.

13. Little is known of the early life of Richard Devine, except that he was an Englishman by birth and a sailor by profession. Forsaking the sea in later life he decided to try his hand at ranching and built a cabin on the bank of the Salmon River near its juncture with Carver Creek. In a short time he won an unenviable reputation among the Nez Perce for cruelty and brutality. The very sight of a red skin apparently sent him into a rage. An interloper on the reservation, Devine protected his claim with fences, and no Indian dared to trespass upon his domain. Those who neared his boundaries might expect an encounter with his pack of dogs, which he loosed at the first opportunity. The Nez Perce were amazed at his vocabulary and still remember him for the epithets he was capable of delivering when fully aroused. He possessed a very fine rifle, a weapon coveted by some of the young Indians. It was well known to them, since Devine usually had it with him when he made an appearance and used it to give force to his curses and gesticulations. He was 52 years old in 1877.

In his general study of the Nez Perce, McWhorter accused Devine of the murder of a crippled Indian known as Broken Leg under circumstances of "inexcusable malignance," but did not specify the source of his information or give the details. One writer referred to Devine as "a harmless old man," but the evidence indicates that at his best the old sailor was irascible and at his worst he was sadistic in his treatment of the Nez Perce. J. W. Poe, "Beginning of Nez Perce Hostilities," Lewiston Teller, April 13, 1878, p. 2; Robert G. Bailey, River of No Return (Lewiston, 1943), D. 184; Yellow Wolf, fn 13, pp. 145, 146; Yellow Bull in North American Indian, 8, p. 165; Defenbach, 1, p. 416; H. W. Cone, p. 2; Letter from Camille Williams to McWhorter, January 2, 1934, packet 164, item 75; McWhorter Collection; Hear Me, pp. 121, 192.

14. Hear Me, p. 192. His neighbors generally supposed that the Indians ambushed Devine as he emerged from his cabin the following morning. Since the body lay outside the shelter when discovered, the supposition may be valid. H. W. Cone, p. 2; Fee, p. 118.

15. Then 42 years old, Jurden Henry Elfers was a native of Hanover, Germany. While in his teens he emigrated to California to seek his fortune in the gold fields. His quest proving unsuccessful, he headed north to Idaho when news of fresh discoveries precipitated another rush in 1861. He settled on John Day Creek a year later and almost immediately began to prosper. At first in partnership with Harry Mason and John Wessell, Elfers became the sole owner of the spread in 1872. Like most residents in the canyon, the enterprising German sought affluence in diversity. In addition to his ranch, Elfers derived income from a general store and hotel, and by 1877 kept the largest stock of goods on the Salmon River. He also did a thriving dairy business, raised grain on the benchlands near the river, and grew vegetables for the table and counter. Always hoping to strike it rich, Elfers continued his search for gold. Entering into partnership with Philip Cleary and M. Dasey, he staked out a claim on Slate Creek. Cleary supervised the work at the diggings, and each year when winter put a stop to the operation, he retreated to the warmth of Elfers hearth.

In 1870 Elfers returned to his fatherland to woo and win a bride. His choice was Catherine Beckrodge, a rather plain fraulein in her 25th year. In order to gain American citizenship for Catherine, the couple delayed marriage until the boat docked at San Francisco on October 16, 1871. By June of 1877 three children had blessed the union, and the Elfers expected another child before the snow grew deep in the canyon.

Relatively speaking Henry Elfers apparently got along with his Indian neighbors better than most settlers on the Salmon. He had not done any of them direct physical harm. One tribal historian, however, referred to him as an "uncompromising enemy " and McWhorter claimed that he was prone to set his dogs on defenseless Indians. The evidence seems to indicate that the Nez Perce respected Elfers whether they liked him or not. They agreed to permit Elfers to sit as a member on the council of arbitration convened to determine the justice of the whipping Mason gave to two Nez Perce. The fact speaks well of him, since it must have been common knowledge that he and Mason had been in partnership only a few years before. The avengers may have been among those who resented the decision of the council and accorded Elfers more than his proportionate share of the blame. "Henry Elfers," North Idaho, p. 4 - Statements of Catherine [Elfers] Cleary, April 16, 1888, and September 23, 1890 and statement of Philip Cleary, September 23, 1890, Claim of Catherine Cleary, no. 2723 [hereafter cited as Cleary 2723], Records of the United States Court of Claims, Record Group 123, National Archives; McWhorter and Camille Williams in Hear Me, pp. 192, 212, Monterey, California, packet 188, item 34; McWhorter Collection; H. W. Cone, p. 2; Bailey, p. 184.

16. Although Beckrodge's real name was Burn, he was universally known as Harry after a brother of his who had died who had "lived with the Elfers and had died before Burn joined them." See North Idaho, p. 52.

17. Kirkwood, p. 41; Statement of Catherine Cleary, September 23, 1890, Cleary 2723, RG 123.

18. Camille Williams in Hear Me, p. 192.

19. Elfers," North Idaho, p. 4- Statement of Catherine Cleary, September 23, 1890, Cleary 2723.

20. Fee, p. 118; Yellow Bull in North American Indian, 8, p. 165; Statement of Norman Gould, September 12, 1890, Cleary 2723; North Idaho, pp. 52-53.

21. "John T. Johnson" and "Elfers", North Idaho, pp. 541, 549.

22. Statement of Norman Gould, Cleary 2723. Kirkwood, pp. 41-42; "Norman Gould," and Elfers," North Idaho, pp. 478-541.

23. On June 16, Philip Cleary and several others returned to the Elfers ranch and buried the bodies. They laid Elfers near a large weeping willow tree that grew by his bedroom window. After the war Mrs. Elfers had the bodies removed to a graveyard on a hill on the opposite side of John Day Creek. After spending six weeks at Slate Creek, Mrs. Elfers returned to the ranch and engaged Philip Cleary to manage it for her. They were married on April 13, 1884. Kirkwood, p. 42; Marriage Certificate, Cleary 2723.

24. H. W. Cone, pp. 2-3; North Idaho, p. 53.

25. Affidavit of Isabella [Benedict] Robie, November 9, 1889, Claim of Isabella Robie, no. 10557, Records of the Assistant Attorney General for Claims Cases, Record Group 205, National Archives; Poe, p. 2; Hear Me, p. 210.

26. Yellow Bull in North American Indian, 8, p. 165.

27. Camille William in Hear Me, pp. 194-195; Round Willow was also known as Thorn Creek. It was located about three-quarters of a mile from the summit of White Bird Hill.

28. Poe gave the number of recruits as 17 or more, and O. O. Howard followed suit. See Poe, p. 2 and Howard, p. 103. Eyewitnesses reported that the total party numbered between 18 and 25. See George Popham, "From the Scene of Hostilities," Lewiston Teller, June 30, 1877, p. 4; Helen Walsh, "Incidents of an Indian Murder," Lewiston Teller, September 9, 1877, p. 2; Affidavit of Isabella Robie, November 9, 1889, Robie 10557.

29. Camille Williams in Hear Me, pp. 194-95; Yellow Bull in North American Indian, 8, p. 165.

30. Two Moons and Yellow Wolf stated that Swan Necklace rode into camp after dark on June 14 and the second war party departed the following morning. See Hear Me, p. 201 and Yellow Wolf, pp. 45-46. Although more than three decades had passed, McWhorter accepted the testimony at face value. See Hear Me, pp. 193-211. Without exception modern historians have followed McWhorter, and yet contemporary accounts of the second foray prove without a shadow of a doubt that the Nez Perce returned in force to Salmon River on the afternoon of June 14 to kill Baker, Bacon, and Benedict, and wound Manuel, Brown, and George. For example, George Popham, who was at the Manuel ranch during the raid, wrote his account of the affair between June 18 and June 22. According to Popham the attack on the Manuel ranch occurred on the afternoon of June 14. Isabella Benedict wrote in a letter on June 19: "They came to our house Thursday evening, June 14th and killed Samuel and another man that was at our house. They had shot Samuel through both legs in the morning...." See Popham, Lewiston Teller; Letter from Isabella Benedict to Mrs. Orchard and Mrs. Doughtery, June 19, 1897, Mount Idaho, Idaho World (Idaho City), July 13, 1877, p. l.

31. Thirty-seven years old, Joseph was very striking in appearance. Of him Lieutenant Forse wrote: "I thought he was the finest Indian I had ever seen not only physically but intelligently. He was about six feet in height, powerfully built, and strength of character written on every feature." His role was that of a diplomat and statesman; he was a civic rather than a military leader. His younger brother Frog was a warrior of renown and served as Joseph's confidant and advisor. See Albert Gallatin Forse, "Chief Joseph as a Commander," Winners of the West 13 (November, 1936), p. 1; McWhorter, Hear Me, pp. 178-181; Alvin M. Josephy, Jr., The Patriot Chiefs (New York, 1961), pp. 314-15, 329-330.

32. Two Moons in Hear Me, pp. 201-02; Yellow Wolf, p. 45; C. E. S. Wood, "Chief Joseph, The Nez Perce," Century Magazine 28 (1884), pp. 136-37

33. Two Moons was in his early 40's. His father was a notable Selish warrior; his mother was a Nez Perce. McWhorter, Hear Me, p. 30; Account of Wetatonmi [wife of Frog] in Hear Me, pp. 195-96.

34. Account of Three Eagles in North American Indian, 8 fn. 1, pp. 24-25. 35. Wetatonmi and Two Moons in Hear Me, pp. 196, 202; Yellow Wolf, p. 45; and Yellow Bull in North American Indian, 8, p. 165.



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