The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1857-09-10

The captive Indians were. on Thursday,
delivered up by Capt, SrAaT.Y to the civl
authority, on the wri, Of Labens eoyps, 10
sued by Judge SELsov on Wolpt sdsy Aftes
being taken from the castody 81 tho Cayal-
ry Company, the Judge proceeded to hear
evidence 10 ascertain whether there was
sufficient. cau% for detention by the civil
authority, Tic evidence appears at length
below, and any intelligent and careful read.
er can form correct opinion Of the Whole
,ranac'ion for him'eIf Fopr Of the 10.
dians were discharged. ani one, SnA.Go IA.
was committed 10 jail 10 stand trial for
homicide in Tic county ii Chisago.
rprEp STATES C1raf. -- In the matter u the
reIuty 10 be Asado 70 siit 1i habfas eppn',
Issued on "Wednesday by Julgs Nelson. al the
instance u Hon. ". J. Cueu Superintendent
OF Indian Anars. 10 show cane why the ia
diana named sha 90 Ia, On b gsrbo. Ma in voa,
Ma. To ma and kao-ta sa shDula not iie felsas
cd from the custody oicapi. sstarkey, Messrs.
Emmett and Smith, the former tle htofhsy
General, appeared for the Government, and ".
". Ames, Ess.., appeared for the prs9Hers. On
Thursday iaprfins At 10 o'clock, tho Indians
wsis bfvayht into Court. tsxselt Nate INA.
WhJ has been conveyed - ~ Joseph Hospital,
on tocpnBt ~ scfjoita wngata.) IN Obedience
70 the writ. AMI delivered INTO the custody Of
tie sheriff.
Alter argument, By Nf, Ane@ Tor tho dis
chaisc, aud Neyrs. kaimstt and smith, against
their fisthay9c I'D 1ad9s, % a review of the
.-xr-~ c7re- II ~ f.Ffss ,>'s W.
presented that an offence had actually been
committed OF u criminal ehaiaatsr. and az a
Judge u the isupraiIie CulIi. his authority as
Climlnai Magistrate extended Throughout the
Territory, and II WA his duty 10 Investigate
th9 case. That Capt. stHkcy had the tigh,
10 syisss thrtn IA the comnissi0u of u felony
bat that II wss .is daty to hsud i,ea over to
The authorities and not retain them as pri.s
nars Under military power. lie had ye. 10 earn
that nIiiIM AIRY authority Ia ibis country bad al
psrseded the cl,il powes. iie would therefore
oricf the Jiechars. Of the ip'lians froin tho
custody VI Capt staihey, aud place them III
tho hands Of the high Sheriff % Ramsey county
un,ii sach time ~ hs could review the evidence
upon which IL was proposed 70 hold them TO
answer to the charge vi hoinic i,le. IN Killing
Frank Donnclly. The Indians were ,hereupon
placed In the hands Of the sheriff.
Judge Nelson then animated that II was hi,
dcsirc to proceed at once Ia he1 evidence
against tho prisoners to is,srnlina whether they
should be held ~ answer TOT tue hoiti,eie. anl
the epunsei s,gnllying assent, the prosecution
opened by calling JaInes stark hose eyi.
dernc follows
JaHss Aimksy s,ao,H.---in my duty, 10 acting
under order oil Governor Ngda.t, GA tae :sih
August Ia removing the laJiaus ffoia the Ham
River Valley, I Was proceeding with niy com
pany, in the neighb1fhnoi oftte Sutriss River,
and GA emerging from tie heavy timber, upon
slnr-c Praiio, AMI having started npon the
prairie abvut a quarter o! II ia!,e, / saw, ia an
IHxtgflE A nt
a. fnll speed towards Eorte heavy tituhpr; /
gave Ordsls % iva OF the advance guard, one
ot WHOM understood The Ga ppewd, tMcl'saH
cal klWWersIHith) to t!de a.ter tle tsdtAus,
aul ny Be- otrytahu them, 81 tell tAtH Nautsi
10 i,h "a IT. thrn, aHi Tat tiry shpu,i bring
them to me tllat we wuil Not hurt them, &
proceed, on Nith Hy GOA, auy, sid the al
vance guard Ncus 49, lul tgut toward Vac ia
disha' The al, anGe ku1tQ uteltppe 'Ae tu4slue
about une niile from tie sppt "A1tc gave The
order to ride after them.
lac ludlans hesttated iai u te~ h.egI ats, but
sane towards ms vita the advance gaard he
bn.i them, sill kept moving towards tlia Ia
disus With Wy COMPANY II tbs tiWs ubseFh
et the ind'au. all ut tbcm, s,7 with their guns
atpitentIy on then igti aftus, coNiUs farN.fl
ia platoon ORDER they examined the lock. ui
Their .uis, looked a. tho pruning, Aui tappEd
thorn with thrir hands, AMI exchanged slabcos.
-nHu one - thcm stood .tiil. rriesin- 80 go any
farther sa~ the guard m"tiohiHg i4ih1 go - Ca
gave Ug ici- 80 tie IA VA bod, - tr0t, toI the
ptiPpse VI .UFputin, the alEauce guard Tho
company wa nearly bali nilo distant from
thoM \, thls time, my company advanced, aud
the Indians then came ON tow ArdsuS uu arriving
az the corner OF a large ieWcti ds5d We halted
about 100 yards ltOm the Indians. Mey rtit
tOwHJ towards "a. After obey hal spptaAcA-
ei somewhat r"atcr. Ahpl' 30 yaiss ~, i0ailcd
10 sergeant VI Rear t. hrHS thrus aIorl. 10
lei, them tha, would not hurt thpiu. o. thr
ne IA nj.