The Pioneer Woodsman as He Is Related to Lumbering in the Northwest

by George Henry Warren

Mr. Brown having consented to act in the interest of Mr. Potter, and Mr. Tibbetts having secured some other layman to defend his case, all parties repaired, as I remember, to an unoccupied building which was temporarily used as a court of justice. As almost the entire community that evening was a floating population of lumbermen of various sorts, waiting for an opportunity to start up the river on the steamboat the following day, it will readily be seen by the reader that this occasion was one of unusual interest and bade fair to furnish an interesting entertainment for a part of the long evening.

Tibbetts demanded a jury trial. The jury was chosen, and the prosecution opened the case by putting on the stand, a witness who had seen the encounter, and who proved to be a good witness for Mr. Potter. The case proceeded until the evidence was nearly all presented. At this juncture, in the back end of the improvised court room, a tall lumber-jack who was leaning against the wall, and who was considerably the worse for whiskey, cried out, "Your honor! your honor! I object to these proceedings." Everything was still for a moment, and all eyes turned toward the half drunk lumber-jack. Justice Williams attempted to proceed, when the lumber-jack repeated his calls and his demands to be heard. Every one present knew that any attempt on the part of the constable to quiet this man would have resulted in starting a general fight, where there were so many who were under the influence of liquor. Some one, therefore, said to the justice, "Your honor, you had better hear the man's objections." Justice Williams then said, "You may state your objections, sir." The lumber-jack replied, "I object, your honor, because that jury has not been sworn." This was true. The jury was then sworn, and the trial of the case was begun anew. The witnesses having again given their evidence under oath, the case was soon argued by the improvised lawyers. The justice gave a short charge to the jury, and, without leaving their seats, and while the spectators waited, they notified the justice that they had agreed upon a verdict of guilty. The justice fined Mr. Tibbetts one dollar, and this frontier court of justice adjourned.

The question of the ownership of the claim was not before the court. My recollection, however, concerning it, is that Mr. Potter ever after had peaceful possession of the land.

The journey had to be made with the use of toboggans. (Page [150].)

The ride up the Mississippi to Grand Rapids on the steamer Pokegama, which tied up each night, occupied two days and a half. The distance was one hundred and ninety-five miles. The steamer was crowded, and men slept everywhere on the deck, on their blankets or without them, as best fitted their condition. Whiskey and cards were plentiful. The table was well supplied with good things to eat. Grand Rapids at that time consisted of a steamboat landing, a warehouse, and a ranch or stopping place kept by Low Seavey, whose wife was a half-breed. These were on the left bank of the river just below the falls or rapids. On the opposite side of the river was a small store, a new enterprise, and owned by a man whose name was Knox.

I met Mr. Winston and his assistant surveyors at Grand Rapids about the middle of August. There were no roads leading into the country that we were to survey, and, as our work would extend nearly through the winter, it was necessary to get our supplies in sufficient quantity to last for our entire campaign, and take them near to our work. This was accomplished by taking them in canoes and boats of various sorts. Our first water route took us up the Mississippi River, into Lake Winnibigoshish, and from that lake on its northeasterly shore, we went into Cut-foot Sioux, or Keeskeesdaypon Lake. From this point we were obliged to make a four mile portage into the Big Fork River, crossing the Winnibigoshish Indian Reservation. From an Indian encampment on this reservation, at the southwest shore of Bow String Lake, we hired some Indians to help pack our supplies across the four mile portage. Before half of our supplies had been carried across the portage, the Indian chief sent word to us by one of his braves, that he wished to see us in council and forbade our moving any more of our supplies until we had counseled with him. Although the surveyors were the agents of the United States government, for the sake of harmony, it was thought best to ascertain at once what was uppermost in the chief's mind.

That evening, a conference was held in the wigwam of the chief. First, the chief filled full of tobacco, a large, very long stemmed pipe, and, having lighted it with a live coal from the fire, took the first whiff of smoke; then immediately passed it to the nearest one of our delegates to his right, and thus the pipe went round, until it came back to the chief, before anything had been said. The chief then began a long recital, telling us that the great father would protect them in their rights to the exclusive use of these lands. The chief said that he was averse neither to the white man using the trail of his people nor to his using the waters of the rivers or lakes within the boundaries of the reservation, but, if he did so, he must pay tribute. In answer to his speech, the chief surveyor of our party, Fendall G. Winston, replied that he and his men had been sent to survey the lands that belonged to the great father; and, that in order to reach those lands, it was necessary that his people should cross the reservation which the great father had granted to his tribe; nevertheless, that they felt friendly to the Indians; that if they were treated kindly by himself and his tribesmen, they should have an opportunity to give them considerable work for many days, while they were getting their supplies across his country to that of the great father, where they were going to work during the fall and winter; and that they would also make him a present of a sack of flour, some pork, some tea, and some tobacco. He was told, too, that this was not necessary for the great father's men to do, but that they were willing to do it, provided that this should end all claims of every nature of the chief, against any and all of the great father's white men, whom he had sent into that country to do his work. This having been sealed with the chief's emphatic "Ugh," he again lighted the pipe, took the first whiff of smoke, and passed it around. Each, in token of friendship, did as the chief had already done. This ended the conference, and we were not again questioned as to our rights to pass over this long portage trail, which we continued to use until our supplies were all in.

As nearly as I can now recall, our force was made up of the following men: Fendall G. Winston, in whose name the contract for the survey was issued; Philip B. Winston, brother of Fendall G. Winston; Hdye, a young engineer from the University of Minnesota; Brown, civil engineer from Boston; Coe, from the Troy Polytechnic School of Engineering; Charlie, a half-breed Indian; Franklin, the cook; Jim Flemming, Frank Hoyt, Charlie Berg, Tom Jenkins, George Fenimore, Tom Laughlin, Joe Lyon, Will Brackett, Miller, and myself.