The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-11-01
HAS He JUR|SDCT|ON2
Is Crime Committed By IN Indian
On a Reservation Pun
ishable7
The Question Raised by the At
torneys For Lala-See
at Missoula
Should the Redskins be Set Free They WIN
be Rearrested by the U. 9.
Marshal

M1ssou1A, Oct. 31.-[Special.1-A new
phaee was pat on the Lala-See Indian muir.
der trial this afternoon when Judge Reeves
one of the defendants attorneys, made 9
motion to release the prisoner from Gus
tody on the ground that tho district cour
had no Jurisdiction to try the case. He
argued that murder committed on an In
dian reservation by an Indian was out Of
the jurisdiction of district court. The
prosecution claims that the court has jur.
isdiction, as the murder was committed or
the track of the Northern Pacific railroad
that by treaty made between the United
States and the Flathead, Kootena1 and Pen
d'Oreille Indians, Sept. 2, 1889, tho latter,
for the consideration Of $4,000, relin-
quished 1900 acres of their land, strip zoo
feet wide, and it became public
land and was afterwards granted to the
Northern Pacific as right Of way for
road bed End depot purposes. Tho prose-
cution claims that by this treaty these Indi-
ans relinquished all claims to this specific
land, and that the murder was not commit
ted on the reservation, the land being off
the reservation and the crime committed on
the railroads land. Judge Marshall took
the matter under advisement pending the
production in court of the books containing
the treaty, which have been sent for. They
are held by Major Roman, Indian agent.
Should the argument be decided in favor of
the defendant, Lala-See, together with
Pierre Paul, his companion in crime, will
have to be set at liberty. as it is claimed
that if the district court has no jurisdic-
ton no court in the land has,
The crime with which Lala- See and Pierre
Paul are charged is one Of the most hideous
in the annals of Missoula county. In Sep
TENDER, 1887, two Frenohmen we're camped
along the line of the Northern Pacific rail-
were camped near by. Lala-See sug-
Rested that they go out and
"kil some white men." The white
men were sitting at their camp fire when
the Indians came up. The two parties had
some conversation together, after which
the white men broke camp and started for
Missoula. Lala-See passed the white men
and when in front of them turned around
and shot one of them, and about the same
time Pierre Paul, who was in the rear, shot
the other. Before Lala-See started in
front of the men he said to Pierre Paul,
when shoot you shoot too" They after
wards picked up large rock and beat one
of the mems brains out and then threw the
bodies in the river. The testimony 90 far
elected goes to show that tho murder was
not committed for robbery or gain, but out
of Indian revenge. The murderers staid
on the reservation after the crime until
Houston's roundup this summer. As they
we're dangerous outlaws. the officers, as we'll
as the peaceably inclined Indians. hereto
fore have been afraid to bring them to JUS
tice. Deputy United States Marshal Grant
will swear out warrant before the United
States commissioner here in the morning.
and in the event that Judge Marshall sus-
tains the defendants motion Grant will at
once arrest Lala-See and Pierre Paul on a
United States court charge.