Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1880-03-10

II SvAVVAANV1 S0u . S4oAS AVNACAOuo NAkSASOPOAs
That duty I have endeavored to perform to
the best Of my judgment and nv c ,nscience.
II I have been mistaken a. to any of these
decisions, the remedy is plain, aud pointed
out by Law. The supreme court can cor
rect this court ii the court has made any
such mistakes. You, gentlemen, are to take
the evidence adduced In court before you.
Such evidence, l mean o. the court has al
lowed to be introduced and nothing more.
Itroceed now gentlemen, in obedience to
the duties Imposed upon me, to state to, you
such matters Of law a. / deem necessary for
your proper understanding Of this case, and
- come seven or eight days have transpired
sinoe you heard this indictment read, it il
best that at the outset / should renew your
memory Of this indictment by reading il to
You. (The court here reads the indictment.)
Gwae~es Of the Jury by the laws of the
United States, in order to facilitate the
i~ntercourse with the Indian tribes, the pres
Fident 10 authorized to appoint from time to
time certain officers termed Indian agents.
The defendant, it is admitted, was at the
time of the alleged occurrence holding the
Office and position of Indian agent. The
duty incumbent upon him and upon all
these Indian agents was, within his agency,
to manage aud s%uperintend the intercourse
with the Indians a2reeably to Law, aud exc
cute and perform such regulations and
duties not inconsistent with the law, as may
be prescribed by the president or the secre.
tary of the interior or the commissioner of
Indian affairs or the superintendent of
Indisn affairs. The president may require
any military officer Of the United States to
execute the duties of an Indian agent, and
when such duties are required of any mill
tary officer he shall perform the same With
out any other compensation than his actual
travelling expenses. An Interpreter shall be
allowed to each agency. The Interpreter
shall be nominated by the agent, and such
nomination properly communicated to the
department of the interior for approval. An
Indian agent, therefore, is officially an agent
to manage and superintend the intercourse
between the government of the United
States and the particular Indians over whom
he 10 appointed. He is a trustee; he has
grave, solemn, and highly important duties
to perform. He is required so justly and
honestly to administer his Office az that no
detrlnnent NAV ensue to the government, no
injury OF loss shall result to the Indians,
who are wards Of the people or of the gov
eminent Of these United States. Such an
official should take care. and the law obliges
him to zee, that the intercourse between
this august government and these rude peo-
'pie,aits wards, shall be conducted lawfully,
hone tly, justly and equitably.
Fraud toward the Indians is forbidden by
law ; and fraud toward the government is
also forbidden by Law. The government
can, not be too careful in the selection of
such officials, nor can the officials when they
assume these duties, be too cxeful "a to the
way in which they shall perform their stew
ardship. Ans9ent is not appointed to make
private epeculations from the Indians in
any unjust or unlawful way, and so the law
declares every dollar that is due to the In
dams must be paid to them honestly aud
justly. If they should be defrauded By any
body, bad feelings arise, and hostility is en-
gendered. The people of the borders have
frequently felt the effects in various instan-
90 bftnassacre, Of rspine, and loss and des- |
fruction . property. Such is the Law gentle-
men Of the jury, Is am bound to expound
it 70 you without fear, without favor, with !
out affection. So much for the Law regulat-
ing the duties of these Indian agents in their
with the respective tribes over
which they are placed.
I come next to the consideration of the
Law under which this indictment is framed.
The Law il found in section 543S, of the re-
vised statutes Of the United States which l
shall proceedto read TO you. Judge here
peeds the
I 50 far q tho puniahoent, annexed to this
u governed, that is for the court.
lin any cassIo Of this sort there should be a
conviction, the p%unishment is . matter l re-
peal, for the court. 1t is called in the areu.
nent Of the counsel a felony but the STAT
gives any court, if such offence has been
committed, the power merely to impose a
ine Of not less than $1,000 90.
This section is volumnious, and has many
;hings ia It not relative to the present case.
shall proceed to snalyze it and 10 state to
Iou such portions of this section Is do re
to this present case. By this statute it
Is declared ; First, that 'every person who
makes or causes 10 be made, or presents or
sausee to be presented. for payment or ap-
proval.-to or by any person or officer in
he civil, military or naval service Of the
United 6tates,-any claim upon or against
!he government of the United States, or any
department or officer thereof,-knowiing such
claim to be false, fictitious, or fraudulen,"
svery person 40 offending commits a crimi-
nal offence. That ia to say it Is not merely
The making of any false claim, but it is the
causing to be rnale,-tho procuring TO lie
msde,-of any paper or statement or certif-
cate containing q claim lha, is false fictitious.
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