Forse’s troops had already arrived at the ranch at 1:00 a.m. on Sunday, the day of Joseph’s deadline. “I found about 50 armed men,” Forse noted of the gathering, “also several families, who there sought protection.” Later, even more families and volunteers arrived.

Subscribe Today

• Did you enjoy our article?
• Read more in American History magazine
• Subscribe online and save nearly 40%!!!
 

After leaving some militia at the cabin for protection, Forse moved his men and most of the volunteers up the valley to Alder and the home of Thomas H. Veasey, who was friendly with the Nez Perce and spoke their language. Forse and Veasey then continued on alone to meet with Joseph at his camp, seven miles away.

According to a local newspaper report, Forse and Veasey found Joseph “at the head of 100 painted warriors on the summit of a hill near his camp, drawn up in line of battle, his men divested of all their superfluous blankets, well armed and mounted on their best war steeds, all decorated with war paint and presenting a formidable appearance.”

Forse was looking for a solution, not a fight, and he recognized the Nez Perce advantage. “Joseph could have fallen upon the settlers in detail, killing them and destroying their property,” he said. “An enemy could not approach him without being under his fire for the distance of more than a half-mile.”

Forse got down to the business of negotiating. He asked to see Joseph, whose appearance and character made an immediate impression on the lieutenant. “I thought he was the finest Indian I had ever seen not only physically but intelligently,” Forse said. “He was about six feet in height, powerfully built, and strength of character written on every feature.”

With Veasey interpreting, Forse “asked him if he would be satisfied if McNall and Findley were tried by the civil authorities,” and “He said he would.” In an attempt to avoid future trouble, Forse requested that the Nez Perce stay away from the settlers and confine themselves to the Wallowa Lake side of Hurricane Creek. Joseph agreed, and to show his good faith he and his men discharged their guns into the air. A truce had been called.

The next day Forse “sent word to McNall and Findley by two of their friends advising them to go to Union and surrender themselves.” They followed his advice. Three days later, on September 14, the court released McNall after ruling he had acted in self-defense, but Judge Brainard issued a warrant for Findley’s arrest, charging him with manslaughter. After his arrest Findley was released on $250 bail.

Meanwhile, that same day Forse met again with Joseph to persuade him to send the two Nez Perce witnesses to testify at the trial. Forse offered to send along one of his noncommissioned officers as an escort. Joseph consented, but only with great reluctance. “He was afraid that whites would harm them,” Forse said. Joseph might also have realized that sending witnesses would accomplish nothing.

The next day, Forse sent a corporal to escort the Nez Perce witnesses. He also sent a letter to Brainard, “requesting him to see that they were taken care of.” Less than a week later, however, Brainard dismissed the charges against Findley. The two Nez Perce witnesses had refused to testify. Perhaps they feared reprisal or felt their cause was doomed anyway. Either for personal or diplomatic reasons, Findley requested that his case continue, and he faced a grand jury in October. Once again, the charges were dismissed.

Because of the missing testimony, the Nez Perce version of the events remains obscure. Battle, imprisonment, and disease later killed many in the band. Yet one eyewitness who survived, Eskawus, said years later that the Nez Perce hunting party was headed home that day when they stopped to pick up the deer they had hung in the tree.

“So Wilhautyah was told to climb the tree,” Eskawus recalled, “because he was a small man, and while up the tree, unloosing the ropes, the Indians on the ground saw two white men coming at full speed. A little way off they stopped and got off their horses and shot Wilhautyah.” Whatever occurred that day, Findley’s and McNall’s pleas of self-defense prevailed in court.

Help HistoryNet by bookmarking to