Los Angeles daily herald., 1888-10-18
JUAN BATlSTA'S DEATH.
Four Indians Before the U. 8. Cir
cult Court.

Reur Indians Before the U. 3. Cir.
cult Court.
In the United States Court yesterday
\ curious case came up for trial. 1t was
the case of Bill Whaley, Poncho Fran
cisco, Salt Lake Pete and Juan Chino,
who were charged with the murder OF an
Indian medicine man named Juan
Batista, on the Tulare reservation. The
story of the killing of Batista is some
what as follows: In the tribe of Ind ans
on the Tulare reservation was one Jim
Hunter, who was possessed, go the In
dams state, with handsome wife with
whom the medicine man Batista had
fallen in love. Batista, in order to re-
tain his power over the tribe, worked a
good deal on their superstition, and on
several occasions he was heard to say
that he had been given the power of re-
moving any of the tribe who displeased
him by means Of poison. Witnesses were at
hand yesterday to prove that this was
the form of threat he used when angry
at . member OF the tribe. When he be-
came enamored Of Chief Hunters wife
he threatened to destroy the man who had
possession of the woman. Prior to this
however a number of those against
whom he had used threats sickened and
died, and shortly afterward Chief Hunter
became sick and died. Then it was that
the tribe became convulsed with angry
feelings toward the medicine man and a
secret council was held in which it was
determined that Batista must be
executed. 1t was law OF the tribe
that was to be put into effect and the
four defendants we're appointed to
execute the sentence. Accordingly late
one night one OF them called on the
medicine man and told him that sick
Indian needed his services. Batista left
his cabin in which the former wife of
Chief Hunter had been installed and he
had proceeded but short distance when
the sentence of the Indian Court was
carried out. For this the four men
named above were arrested and charged
with murder, and yesterday appeared in
Court. They had pleaded not guilty to
the charge and yesterday they all with
drew this plea and entered one Of
guilty of manslaughter. This does not
end the matter however for
there are several questions of law in.
volved which make the case most inter
esting. 1t is claimed that the Indians,
in carrying out the order of their tribu-
nal, did not make themselves amenable
to the law of the United States, but the
most important point raised is that the
defendants were wards of the United
States, and had not been instructed as to
the laws which were made to govern the
reservations. The point the attorneys
for the defendants made was that their
clients as such wards should have been
made acquainted with the laws if
they were to be anenable to them.
If the Indians had been kept in
ignorance of these laws and shut
up on reservation it was not
justice that they should be punished for
An offence which they had no means of
knowing was such. 1t was held that
while white person or citizen OF the
United States was supposed to know the
law, and was therefore answerable to it.,
. different state of facts existed in regard
to Indians, who were not supposed to
know the law unless it had been read to
them by the Indian Agent or posted OF.
the reservation in their own language.
Judge Ross took these questions under
advisement, the attorneys on both sides
agreeing to furnish briefs, and it was
also agreed that in case the decision
should be that the defendants are mo-
amenable to the law the plea will be
stricken out and the case dismissed.