National Republican. (Washington City (D.C.)) 1872-1888, 1886-06-22
poru INDICTMENTS BAp.
Justice Macarthur Throws the Chero-
kee Case Out OF Court.

keo Case Out OF Court.
In the criminal court yesterday In the
case OF VIM. A. Phillips, Richard NJ. Wolf,
and Robt. b. Ross, indicted for conspiracy
TO defraud the Cherokee Indians aud re-
ceiying $22, 500 as an illegal fee for
services never performed, the argument
was on special plea, demurrer and motion
TO quash
The principal points advanced by the de-
fendanta were that the nation was sover-
eign and Independent nation, and, there
fore, the courts Of the District had no
Jurisdiction TO try party for an alleged
offense against the nation; that the dis
bursements and the receipts OF the money,
$4,000, complained OF arose under the
authority Of an act Of the Cherokee logls-
lature, passed In 1873, which directed Chief
Bushyhead, Of the nation, to pay the same
to the delegates to reimburse them for ex-
peDses incurred in connection with the
bueiness OF the nation, and, therefore, the
act Of the legislature was sufficient defense.
That the Indictment charging the VIOLA
ton Of section 2l03 was bad on Its face, In
that IL alleged that the money (SS2,6OO) was
received under an agreement, and there
was no allegation OF the date OF the alleged
agreement, tho parties to II, the subject
matter Of IL, or the time when IL was en-
tered into; and, therefore, that the lndlet-
ment was void for uncertainty.
Another contention was that the con
spiracy Indictment WINS bad on Its face, be-
cause the thing charged was not an offense
against the United States, and because
there was no allegation that any misrepre-
sentations were made, nor that any overt
act was committed.
The court stopped Gov. Wells In his ar
gument saying that be should be glad to
Know what the government could say be-
fore he required the defense &c, go further.
MIR. Wortbington having replied to the
general allegations made by the defense, the
court finally stopped him and held, In sub
stance, "that all OF the points taken by the
defense were sound; that to sustain these
indictments would be TO remand the
Cherokee nation to the condition OF wild
Indians, unable to manage their own Affairs,
while their independence had been recog-
nlzed by every branch OF the government;
that the indictments were bad on their
face, were indefinite and uncertain; that no
overt act was alleged, but only intentions;
that what the defendants were charged
with doing was simply what they did In
pursuance Of instructions and by tho
authority Of the Cherokee nation, and 1t
seemed, also, that the nation was entirely
content with the action OF It's
agents, and did not seek to
II that it was manifest that the criminal
proceedings were instigated by the same
parties, and with the same purpose, which
induced the commencement OF the two
civil suits brought to recover back the
$685. 1t had been the uniform practice
Of this court to discourage and disallow
any attempt to employ the jurisdiction OF
the criminal court where party had O
remedy for any alleged rights on the clvi
eide Of the court, and for this reason, also
the court would sustain both OF the do
murrers.n District Attorney Worthingtor
was uncertain whether 1t could be done Of
not, but, to test 1t, gave notice OF an appeal
TO the general term, and the difficulty befor'
him now is 10 get the appeal to that court
This ends an interesting case that has nov
been pending for more then two years, frs
IN two civil suits, in one investigation be
fore Congress, and in two investigations be
fore the circuit court OF commissioners.