RUBRIC cle

This American Legal History CLE explores the fascinating drama behind the first murder case reported in Washington Territorial Reports: Leschi v. Washington Territory (1857).  The Medicine Creek treaty did not provide adequate land for the Nisquallies, and war broke out soon after Chief Leschi’s disputed “X” appeared on the document.  We will examine the dramatic events that played out as much in the territorial courtrooms as on the battlefield – the declarations of martial law, creation of military tribunals, arrest of Federal judges, murder trials, hung juries, appeal to the Washington Supreme Territorial Court, and the execution by hanging.  According to a historical court of inquiry convened in 2004 and presided over by Chief Justice Gerry Alexander, Leschi should never have been tried.

Faculty: Michael Schein, WSBA 21646, Appellate Litigator with Sullivan & Thoreson; Speakers’ bureau, ACLU of Washington; former adjunct Professor of American Legal History, Seattle University School of Law; Author of Just Deceits:  A Historical Courtroom Mystery (Bennett & Hastings 2008); Author of The Bones Beneath Our Feet (novel based on the Puget Sound Indian War of 1855-56, scheduled for release in 2011).

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SCHEDULE - LESCHI - March 24

12:00–12:15 The Medicine Creek Treaty – The terms of the Medicine Creek Treaty, and how it led to war.

12:15–12:45 Martial Law and the Conflict between the Executive and the Federal Judiciary – The declarations of martial law; Arrest of “traitors” to be held for military trial and issuance of writs of habeas corpus; Defense of the courthouse and arrest of the Federal Judge; Contempt, reaction of the Legislature; Aftermath.

12:45 – 1:15 The First and Second Trials of Leschi.  We will examine some of the principal evidence on both sides, including possibly perjured testimony; and explore political manipulations and possible errors of counsel (raising issues of competence under the current RPCs) as an explanation for why the first trial resulted in a hung jury, while the second did not.

1:15 – 1:45 Appeal & Execution – The first Washington Territorial Supreme Court murder opinion betrays common biases of the time, which have since been addressed in RPC 8.4 and CJC 3(A)(5), but which possibly carry over, for example, in efforts to try Al Qaida operatives.  We will also examine an elaborate effort by attorneys to thwart the execution – and consider whether and in what manner their scheme would have placed them in violation of current RPCs.

1:45 – 2:00 2004 Historical Court of Inquiry – We will examine the issue of justifiable homicide by a lawful combatant in time of war, which was the basis for the finding that Chief Leschi should never have been tried.

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