Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1880-04-06

Chief Justice Shannon's Charge to thu
Jury.
UNITED STATES. In the Dist: Court : II
HENRY F. L%Iv1NGsroN.) cial Dist. Of Dakota
Indictment number eight, November tern
1873, for making a false, fictitious, and
fraudulent claim against the United States
and for embezzl. ment.
CHARGE TO THE JURY.
Gentlemen of the Jury:-In the admins
tration Of justice in the courts upon any
trial before a jury, there are two prominen,
things to be considered, that is to say, that
it is the duty of the court to determine all
queeti ms of law during the progress of the
trial, aud at the conclusion of the trial to
declare the Law of the case to the jury.
Hence, you have seen, gentlemen, how in
this trial the court has frequently been called
upon to decide questions in relation to the
laws of evidence, and to make decisions
thereupon. That duty I have endeavored
to perform to the best of my judgment and
my conscience. II I have been mistaken a.
to any of these decisions the remedy is plain
and pointed out BY faw. The supreme court
can correct this court If the court has made
any such mistakes. You, gentlemen, are to
take the evidence adduced in court before
you. Such evidence, l mean, as the court
has allowed to be introduced and nothing
more. proceed now gentlemen, in obedi-
ence to the duties imposed upon me, to state
to you such matters Of Law as l deem neces-
sary for your proper understanding of this
case.
By the laws Of the United States, in order
to facilitate the intercourse with the Indian
tribes, the president il authorized To appoint
from time to time certain officers termed In.
dian 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,t to manage and superintend the inter.
course With the Indians agreeably to Law,
and execute and perform such regulations
aud duties not Inconsistent with the Law, Is
may be prescribed BY the president or the
secretary Of the interior or the commissioner
OF Indians Affairs or the superintendent of
Indian 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 2 other compensation than his actual
travelling expenses. Aninterpreter 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 s%uperintend the intercourse
between the government of the United States
and the particular Indians over whom he is
appointed. He is q trustee, and as such, he
has grave and highly important duties TO
perform.
Ordinarily, , trustee, 10 all masters con-
nected vithsh his trust, i. bound to act in the
highest good faith toward the party who
creates or bsseows the trust; and where there
IL such aEyiolation Of . trust .. amounts
20 embezzlement,, it becomes q criminal Of.
isnss.
So much in reference to the laws reeulat-
ins the duties Of Indian SCENTS in the inter-
course With the respective tribes over which
they are placed.
icoms next 10 the consideration Of the