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INDIANSWIN AGAINJudgt Shirts’ Ruling in L#-UhPuc-Ka-Chtft Cast.HeartDiseasePlaintiff 6ivtn Libtrty and D#f*nd ant Taxad for Costs.Rlort Actions Coming. Judgo Shir-ias Knows Indians.Cedar Rapids,Apr. G.~-The Mnskwaki Indians, on the Tama reservation, won another victory over the representatives of the government when Judge Shiras granted a permanent order in the habeas corpus proceedings brought against Agent Matin and Supt. Neillsbv Ielah-Puc-Ka-Chee. Attorney J. W. Lamb of Toledo, who obtained the writ o: Habeas corpus I'rom Judge Oliver P.Shiras of the federal court last January and secured the release of his client from the boarding school, yesterday tiled the following motion in the case:COSTS TO BE PAID.••Come now the plaintiffs in the above entitled cause and move the court for a judgment on the written opinion of the court heretofore filed In this cause to the effect that the plaintiff. Lclah-Puc-Ka-Chee. have and retain her liberty in accordance with such opfnian, at costs of defendants.”FILES THE AFFIDAVITS.The proceeding is rather peculiar, it being an attempt at the final determination of the case brought last January. The defendants. Malin and Nellis, asserted that Lelah-Puc-Ka-Chee and half a dozen other Indian girls interested with the plaintiff in this action were not confined in the boarding school against their will at the time of the application for a writ of habeas corpus. To prove to the contrary Lelah and Ta-Ta-Pi-Cha, her husband, and Ma-Squa-Se, another student, file their affidavits with Mr. lamb’s motion.Lelah. for short, says that _ the plaintiff’s answer as filed is entirely untrue: that she never had been willing to remain in the school ;that she was kept in the school only ny being locked night ant) thy in an tipper cell or room of the school mat at no time during her imprisonment was any effort made to educate, instruct or console her and that she saw no person except those who came to her cell with food, etc.Treakens the stomach, deranges digestion, pollutes the blood, destroys the nervous forces and saps the vitality of the whole system. It causes pain in the left side, palpitation, shortness of breath, sinking spells, and frequently ends all suffering in sudden death. Dr. Miles' Heart Cure is the only successful remedy for diseased hearts that has ever been offered to the public.*Ii wis impossible for me to lie down l© sleep for smothering sensations. The pulsations of my heart were very irregular, sometimes seeming’to stop beat mg and at other times palpitating so hard it could be heard In the room. One bottle of Dr. Miles' Heart Cure brought relief and after using it tor a few months the heart uouble was all gone.” E. M. I.nsliy, Hillsboro, 0.U jot: heart is affected do not fail so ttyDr. Miles'Heart Cute,Sold at all dnifgists on a positive guarantee, Write for tree advice and booklet W Or. MUi» Mtltcnl Co., Elkhart, Ind.when they hear the sad news. Nellis was here yesterday to attend court, and presumably to jolly United States District Attorney McMillan up. The latter official, however, is tired of the manner in which things have been going on the reservation and is not at all in sympathy with the plans of Nellis and Malin. in fact, he has as good as said that he thought the methods all wrong. Nellis is i\ roly-poly man, with a red face ancl a large slouch hat. He is not the sort of man that would ira-pres one as a student of human nature, but he had the pull and secured a good appointment, in which he can be very a u toe ratio.Malin is said to be a well-to-do farmer, with no experience in the Indian business except what he is getting from day to day. It is said that Judge Shiras heard yesterday at length a report of the indignation meeting held hy Malin. Neills, Judge Caldwell and others at Toledo after Special Agent McConnell departed for Washington. Just what the judge thought of the contempt shown forhis orders and decree in the case of She savs further I Lelah-PuoKa-Chee is not. known, but that she*was restrained of her liberty the facts probably go to make him until about January 4. when she dis- more the friend of the Indian than covered an opportunity to escape and evL*r before.took advantage of it. HE KNOWS THE INDIANS.Ta-Ta-Pi-Cha. who married Lelah- Judge Shiras is no stranger to the Puc-Ka-Choe after she had run away methods employed by the departmentfrom the school originally and beforeshe and half a dozen other girls were forcibly seized, dragged away from husband and parents and locked up in the cell. Lelah mentions iu her af fidavit. Ta-Ta-Pi-Cha. swears that he is the husband of Lelah: that theanswer of the defendants is untrue and that he knows of his own pcr-in the handling of the Indians. In fact, he lias made the Indian a study, and a careful study, for years. In his capacity as judge he has sat at the trial of many Indians in several different states, and his knowledge of the affairsof the agencies in Iowa, Minnesota,Dakota. Nebraska and Kansas is thor-h. It. is a well known fact that heougsonal knowledge that Lelah was lock- has a great deal of sympathy with the ed up in a cell by the defendants. He I Indian and very little with the politi-nlso makes affidavit as to the manner cians whom the government employs in which his young wife was seized to look after them. It is a matter of and dragged away to school against repeated comment among the lawyers her protests nd against the protests I who practice before the federal bench of her parents and her husband. that an Indian can get justice beforeMn-Squa-Se. who is one of the Judge Shiras when lie can nowhere belles of the Muskwaki tribe, swears I else.thatshe Was with Lelah when she was taken from her husband and locked up. and states further:’T was at the same time, after a struggle for'over half an hour, forcibly taken from my father. Na-Hns Shee. by Malin and his confederates and at the same time with force and violenceJudge Shiras decided most important Indian tried. It was that ofone of the cases ever the UnitedStates against “Plenty Horses.’1 whowas accused of murder during the Indian outbreak 011 the Pine Ridge Agency in Dakota, in 1SD0. The Sioux were all on the warpath, and after de-taker. and imprisoned in an upper cell I tying ihe federal ar.d military author-or room of said training school and in itic-5; thev started for the bad lands, the same cell or room with Lelnh-Puc-Ka-Chee. and that we were- so kept andimprisoned night, and day and were not permitted 10 see any person except the person who carried food to us and the dishes and slops away: that we were so restrained until we saw an op-wnere pursuit was well nigh impossible. General Nelson A. Miles was sent to stop the disturbance and the largest body 01 troops ever thrown against the Indian since the early history of the country was taken up the line of the Elkbom road into South Dakota.portunity to escape; that Leinh-Puc- I \fic»r eor.siderable parleying one large Ka-Chee never was contented or warn- j band of the Indians came in and camped near the troops, the geaier portionea to stay or remain in the Toledo training school: that I escaped after I had been so imprisoned about two weeks, and before Lelah-Pue-Ka-Chee escaped: that during said imprisonment no person ever came to our cell to educate, instruct or console, cheer or comfort us.”GIVEN THEIR FULL LIBERTY.Under the order filed by Judge Shiras the Indians are given their full freedom, and between the lines can he read ar. order to Malin ar.d Nellis to proceed according to the instructions of the department hereafter.^ Attorney Lainb said, in speaking of the case:'This is only the beginning of the litigation. I am going home tonight to commence a number of suits in behalf of my clients. :ru Indians, against Malin and Nellis. Y 011 know eh at I am representing those Indians who were arrested and held to the grand jury 0n ihe charge of resisting the federai officers. These Indians, Jim Peters, Quo-E-Mah, Wa-Sa-Sheek, On-No-lYa, Ma-Ka, Ta- Wau-Que. Hc-Sha-Qua and Y-Ta-Wali, refused to assist the officers in rounding up a lot of children at 11 o'clock one night so that they might be dragged off to the training school. For this they were arrested on an information charging them with “violating the criminal code in that they did then and there unlawfully resist a lawfully appointed and acting officer of the United States, said officer acting under authority of law and by order of a duly and lawfully appointed and acting agent of the United States, then and there in charge of the Indian reservation of the United States in the lawful and proper discharge ofhis duties.The grand jury has failed to indict these Indians on the charge against them, and now they propose to see whether these petty officials can lock them up and drag them off to court every few weeks or not. There will be all kinds of music in the air before they get through.”Superintendent Nellis and Agent Malin will be much disappointed01 which had left the railroad at Oel-riclu*. Everything was proceeding nicely when one of the medicine men. who had been holding a pow-wow of some kind all hy himself, announced that he had received a message from the Great Spirit: that the Indians would henceforth be invulnerable and that 1 hey need not fear the bullets of the white man. This started up a row among the redskins and some Indian fired .1 shot. The troops thought that they had a battle on their hands and opened fire, with the result that about twenty bucks and nearly fifty women and children were killed. This was the Battle of Wounded Knee.” a butchery or massacre if over an army committed oik*. Following this came the battle of Mission Ridge, a long-range affair in which little harm was done. In the skirmish between the two battles, however. “Plenty Horses.” a young chief, killed a soldier. General Miles managed, after several days, to effect an ndjustment of the troubles complained of by the Indians, and at a genera] conference he proposed to the Indians that they jjg a great round hole nnd bury all their differences init. ne\er to he unearthc-d again. This was agreed to and the war was declared at an end. Some time after this, however. Plenty Horses was arrested on the charge of murder, and Judge Shiras was sent up to Dakota to hear the case. There was no dispute as to the killing, but Judge Shiras held that a state of actual warfare existed and that Plenty Horses killed his man in open warfare. He therefore took the case from the jury and discharged the Indian.YUMirMarTeliVihousningimp;bits)menthinendshouiwilltheThebv i *siicl ate, ins proi AI by t nooi anttaxfi ex pi forop tas otlie tires the Chei T! road bills polii for a hi of tl TI sura prer mod that It is ance theysionTlfact'stonsfeatf Tt prla* a me appr 000 for I big.the of tl ed, a reim Plea THEHi#i Grade Neeo* A OrgeM Sole on fln»i«l-KtMAtt. Vheoler * Wilton Saw-Ilf JbMfthtA**W. H. »ACPUNfUftLnfftyettegt.,Waterloo.Ea of M mithdiestion hous with towa sion,posei by the ( videpa nit the prov: and 1the passe Lvnnnot t exprc Ea He scxpreno ta front here paid be pi wouk the (. the {the si Taxes comp;Claexprequest:cipie.word,law hcourtby thlt; PayBlanc Chesli the pi prevailym;The by a vote 1 Yea: Barrir more, burn, vis. D Jones, Cedar, Venen ton, Y Nay Baker bell,Conley iug, 1 Graff, Head,Jenks,ball,MillererfieldScott,StewaiTown*Wilsoikuk—[ThepassedSTIPUAt I
Newspaper Details
Waterloo Semi Weekly Courier
Waterloo, Iowa, US
Tue, Apr 10, 1900
Page 3
Full Page
Clipped by
Johnathan B.
IA, USA 20 Feb 2018
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