The weekly Minnesotian. [volume] (Saint Paul, Minn. Territory) 1852-1858, 1857-09-05

So"'SyS" '"o'" ~ eiio sdleSC route TO the Of
ficers of the law. The allegations made in
the return had something to do with it the
parties acted in a justifable manner.
He spoke of the question of privilege raised
by Mr.. Ames, and thought that the press
would not prejudice public opinion.
The court, he said, had jurisdiction to ex-
anime into the facts when q person is detain-
ed on charge. 1.-THE court finds an offence
has been committed, it must place the parties
in custody again. Now it is not necessary
that written charge should be made against
them. When party has been arrested in a
felony on view of the act, it is not necessary
that a warrant should be made out, CO M
handing some one to do what has already
been done. On the examination then taken,
it is ascertained if the detention is legal.
Mr.. S. was followed for the Territory, by
MIR. EMMETT, who made few remarks
commencing with the proposition thata charge
cannot be made in any other county than
where the offence was committed. If the Of
fence is capital one, or felony, the party
must be taken before the power issuing the
warrant, or before magistrate or peace Off
Ger for examination.
The counsel for the captives admits all the
allegations. Here is homicide committed.
Wipe out the commission and military orders
OF Capt. Starkey-the deed was committed
in their view as private citizens, and as such
they had the right to arrest the murderers
In regard to where the charge should be
made, he instanced case of man stealing
horse, in the county of Benton. He is pur-
sued, and arrested in another place, but bro't
here on the way-still, he must be taken back
to Benton Co., and there charged with the
crime.
1t is admitted that they killed Donnelly.
The offence was not committed in this coun.
ty, and the Court should remand them to the
county where it was done, to their trial to
discharge them would be mere farce.
Judge NELSON. 1t appears from the return
of the writ that an offence has really been
committed. have jurisdiction as a Civil
Magistrate, although not restricted to any
certain District. 1t is ry duty when an Of
fence has been committed and parties are in
my presence, to enquire if it is so. The au-
thority which Capt. Starkey cites having been
bestowed upon him by the Governor, does
not entitle him to hold the prisoners l am
not aware that military power is superior to
civil power in this Territory. He should have
turned them over to the County authorities
where the crime was committed.
I shall not discharge the prisoners, how
ever, but make provision for them until can
ascertain whether any offence has been COM
mitted. shall however remove them from
the custody ofthe military power now claim
ing them, and commit them to the keeping
Of civil authority, until can so decide.
The Judge then appointed Col. Jones as
a deputy Sheriff to take the prisoners into
custody.
On inquiry of Mr.. Emmett, His Honor de-
cided to 60 on Immediately with the prelim-
nary examination of the Indians, arrested for
killing Francis Donelly. The military guard
were dismissed and were about leaving, but
several of them were summoned as witness
eS.
The first one called was
CAPT. STARKEY Sworn-On the 18th day
of August. acting under orders from the Gov
ernor, l was proceeding with my company
near the Sunrise river, and emerging from
the heavy timber on the Sunrise prairie, af-
ter advancing about quarter of mile, I saw,
in an easterly direction, party of Indians,
running apparently at full speed, towards
some timber. gave orders to two of the
advance guard, Private Klingersmith and
Sergeant Mclean, to ride after the Indians,
and try to overtake them, and tell them 1
wished to talk with them. and bring them 70
me. That we would not hurt them. pro-
ceeded on with my company, while the ad-
vance guard went on in full trot after the In
dams. The advance guard overlook the In
dams about mile from the spot where l
gave the order. The Indians seemed to hes
itate few moments, when the guard rode
up to them. The Indians then came to-
wards me, with the advance guard behind
them. l still kept moving, during this time
and soon got near them. then observed
all six Indians with their guns on their left
arm, apparently re-priming them, and ex-
changed glances. One Of the Indians ap-
peared obstinate, and stood still, refusing to
go further l saw the guard motioning him
to go on. gave orders to the main body
to "trot," to support the advance guard. We
were nearly half mile from them then. We
advanced then on a trot towards them, and
they approaching too. On arriving at the
corner of large fenced field, we halted
about hundred yards from the Indians
who were still approaching us. When they
were about fifty yards off, called out to-
Sergeant Mclean, who understood their Ian
guage, to tell them '.to come along-that
would not hurt them" On the Indians
coming within about twenty feet of where 1
stood, I rode towards them slowly, intending
to have q talk with them. When suddenly
they threw their blankets off, ran towards
the fence-some jumped over, and some ran
under the fence, and ran at full speed across
the field in On oblique direction towards the
timber. 1 called to Brisett, who understood
the Chippewa language, TO tell them to stop
that they would not be hurt. He did so,
twice, but they would not stop. then,
finding they would not stop, gave orders to
two men to fire two shots in the air. They
did so. The Indians still kept moving. l
gave orders to my company to ride after
them, overtake them, and bring them back.
The fence was torn down in two places, and
the troops rode in after the Indians about
four hundred yards from the fence. The
troops overlook the Indians; foremost
among whom was Private Donelly. He
refined in his horse suddenly, and wheeled
his head towards the Indians. He had head
ed them, and apparently raised himself in his
stirrups, and leaned forward. He had drawn
his right holster pistol, which he held in his
hand. One Indian stood within about eight
feet of him. Sha-go-ba, by name. Donnely