Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1885-01-01
All Interesting Case.
Fond du Lac Commonwealth.


The Circuit court was occupied
Friday afternoon and to-day with the
trial of the case Of S. S. Fowler ct al,
trustees VS.. John H. Scott. This is a
test case. of a good many, TO which
all the Brothertown Indians are vir-
tually plaintiffs and thirty white set
tiers Of the town of Brothertown are
defendants. When the land of Broth
ertown reservation was allotted to in
dividual members of the tribe in 1910,
there were 500 acres omitted, or that
were not allotted to amy body. This
omission was discovered and the
United States granted patent of the
500 acres to S. S. Fowler and others,
to hold in trust for the Brothertown
tribe Of Indians. Since that time the
land has been squatted on by settlers
and now suit is brought to obtain the
value of the land. The case involves
many questions of law and equiuity
and is being tried by Elihu Colman
for the plaintiff and 7. w. Spence for
defendant, who are arguing the case
to-day.
Many members of the Brothertown
tribe were IN attendance upon court
and a volume of the records of the
tribe brought from the archives of
Calumet county was also used. This
volume is a curious old relic of the
tribe having been kept by the town
clerk of the town of Deansburgh, as
Brothertown was then called. This
particular volume covers the history
of the tribe as far back as 1886 and on
the page of that year is found de-
tailed account of murder trial car
rieA on by the Indians. o. July 3,
1885, in drunken quarrel. Peter and
Jacob Konkopot, two Stockbridge
Indians, killed Joseph Palmer a
Brothert own. The Stockbridge Indi-
ans were anxious that the offenders
be brought to justice as were also the
Brothertowns Accordingly the two
were arrested and taken to Green Bay
to be tried by the whites as was the
custom. But the whites refused to
receive the prisoners, and they were
brought back. A council of chiefs of
both tribes was held and it was agreed
to consult Thomas Dean, the Indian
agent, who is very highly spoken of
in the records. The result was that
on Aug. 2, the members of both
tribes assembled in the school house.
chose Mr.. Dean moderator, adopted a
modus operandI and proceeded to try
the defendants. 1t was agreed that,
after the evidence, the guilt or limo
cence of the parties should be deter
mined by ballot. Two days were oc-
cupied in taking testimony, the
prisoners having pleaded mot guilty"
and an opportunity was given them to
summon witnesses in their behalf, but
they had none. Mr.. Dean examined
the witnesses. After the testimony
was all heard Rodolphus Fowler and
Daniel Dick, of the Brothertown tribe,
and Andrew Miller and John w.
Quincy, of the Stockbridge tribe, was
appointed tellers, and a ballot we're
taken resulting in IS votes for
guilty" and for not guilty" An
other ballot was then ordered to de-
eide whether the punishment should
be death or perpetual Punishment
from tho tribe, and by vote of 80 to
3. death was prescribed, a two-thlras
vote being mercenary IN both cases.
Defendants were then ordered hung
on Oct. 81, between 10 o'clock NJ
and g o'clock T. NJ. the ceremony to
be conducted by the marshalls of the
two tribes assisted by six men from
esch. The records at this time were
kept by Thomas Cummuck, town
clerk. but whether the two men were
hanged is not recorded.
Miss Foster daughter of Minister