The sun. [volume] (New York [N.Y.]) 1833-1916, 1875-12-26
A REMARKABLE TRIBUNAL.
WHERE JUSTICE rs ADMINISTERED
REG A RDLESS or Expense.

REG1RDIESS or Expense.
some of the Pcculinrities Of the United stntes
Court for the Western District Of Arkansas
A Forcible Illusttntion-NN Witnesses.
FoRT gibson, Dec. p. The territory
over which the United States Court for the
Western District Of Arkansas has jurisdiction
comprises about half Of the State Of Arkansas
aud the entire Indian Territory, and stret ches
from the Mississippi River To the one hundredth
mered an Of longitude west. Terms Of the court
are held at Helena and Fort Smith. At the latter
place all the criminal jurisdiction is exercised
over the Indian country, and the court ia the
most remarkable judicial tribunal In the United
States. The officers OF the district are the Hon.
Isaac G. Parker, Judge; the Hon WIN. II. II.
Clayton, Attorney; Gen. James Pagan, Marshal,
and Col Wheeler, Clerk and Commissioner. The
present term Of the court began about the 10th
Of November. There were more than one hum
bred prisoners confined In the two pens in the
basement Of the court house. which was former
y used as barracks for United States troops,
and between seven and eight hundred persons
were In attendance IA Jurors, Witnesses Sc. Up
to about the 10th inst, besides acquittals and
discharges, there had been between thrty-nve
aud forty convictions, ard these hapcss pct-
sons wero sent to the penltentiary at Little
Rock. There were still about sixty i've persons
IN 1ai. anu between three ana -FOUR hundred
persons in attendance upon the court aud many
Of whom had been there from the beginning Of
the term, The prisoners and convicts We're red;
white, black, and mongrel, the whites and
blacks largely predominatin2 over the Indians.
Tho offences with which they were charged
ranged from tho introduction OF whiskey into
the Indian country to larceny, and thence 70 as-
sault and battery and murders OF the most afro
cious character. The grand and petit jures
we're composed Of whites and negroes but none
Of them were from the Indian country.
LOCAL PLACER.
The court u a financial speculation to the
town. source OF pront and political patronage
aud influence to is officers, an enormous ex-
pensc TO the Government, ana prod igiOus incon-
yenience and wrong to the ludi ms. The hun
dreds OF people who arc compelled to remain in
the town for days aud weeks during court time {;
the numerous deputies aud possess kept scour-
number OF cases, real and Insignificant, that are
brought w regardless OF expense, and the many
Indians who are forced from their homes, from
one cause or another, attest these ~ itenen;s.
No appeal lies from this court In criminal cases.
while 1t matters but little to poor man. so far
~ his means are concerned, whether he Ia guilty
or innocent Of the offence alleged against him,
ms II breaks HIM to he arrested and lodged In
jail from ilfty to three hundred miles from his
homo.
Some Of the engages are Of the most trivial
character he stealing OF n well rope - SAID to
have cost the Government several hundred dol
lars while some Of Its EMPLOYEES proved them
selves on the trial TO he among the worst men
found In the Indian country. A case Tried at
the present term VIII illustrate this. In April
last thirty -six horses and mules were stolen
/
driven more than 100 miles to Fort Smith. For
this offence indictments were procured against Il
in-law, Long. and one McCawl. VINO d been
riding ~ possess IN the Ind country.
Long ran away Williams was put on
| Statc's evidence. lie ana Long were the men
who travelled from Fort Smith to Fort sill TO
| commit the larceny, VINO did commit II, and re-
tuned with their booty to their alleged accom-
pice, Williams, receiving his commentator for
| tboir success lhc loss " the stock was proven
Of r. II.
| Of IL was traced to Williams by other persons,
but he was acquitted perhaps partly because of
! his counsel Impressed the jury with the idea
! that"a waller suck-egg dog should not bc hung
! on the statements uf such men a. these raidins,
| cut-throut lndiins" And these three worthless
al escaped pa" ISM for IA crime ,Gs' might might
war, causing loss Of life and millions of treasure.
CoMAScHFs As WITNESSES.
An Interesting feature Of this case was the
! question raised by the counsel OF Williams
| against the admission OF the COmapches as Wit
ne-ses, on account OF their alleged ignorance Of
! the sanciity OF an oath. The Judge allowed an
examination on tuis point by counsel, through
/ Lieut.. Lassen Of the army who acted ~ Inter
prefer. The result reached was that the Indians
regarded the sun as the Great Spirit, and II one
Of them holds up his hand aud calls the Great
| sunit that he will tell the truth touching any
affair and fails to de- 80. he Will be struck with
| death on the spot. The rules OF evidence as laid
down In the book were then referred To by both
! the defence and the prosecution, VIII n Judge
/ y, rk.r propcrIN ruled t. admit them Perhaps
/ the present sense OF accountability 10y the In
/ diIn- Is quite as favorable IN ehcitng tru as
tue future accountability OF his more cnNght-
ened white brothers.
some of the objections 90 this court are nsep-
arabic from its location and the one-sided
! character OF it's organization and Jurtsdic elton,
| tut many Others can be remedied 10y proper leg
/ islatlon on the part Of Congress. In the first
place the United states AGENTS should be n Ade
| To fulnl their promises 60 the Indians 10 force
all white persons not leg lily in the Indian cOun-
try beyond its limits, and thus the country
would he relieved OF many persons Of the worst
character to ne found M II. All minor offences
should be RENTED To the local tribunals Of the
/ civinked tnbes, whether whites tie parties 10
| them OF not. court disconnected from the
| adjoining States, and clothed with the JuTisdio
! ton peculiar to the status Of the Indians with
! respect to the Government, should he established
| territory DE made competent jurors. By tnes 1
means the ends ~ Justice can tie better sub.
! served than at present, and a vast amount M
expense, injustice, and individual surerin. and
! Inconvenience prevented.