Los Angeles herald., 1891-12-13
A QUESTION
And a Little Indian Ira
ditiOn.
Should Civilized Customs Apply
to AbOrigines?
A Concise Review of a Recent Case
in Point.
Reasons Why the Yuma Indians
Lately Convicted of Murder
Might Not Have Acted
Differently.

| United States VS.. NOLAN qua diver. Chu-
| dull emu and Ham .ah-so la nu-Murder; on
| trial. HERALD, Dec 5th.
United States VS. Mo-ian-qua-di-ver, Chu-
| dul-en II and Ham alb so .la-nu-Murder; YER
| dict OF ulty-lbid, Dec 9Th
| United Stsres VS. Mojan.q ua-di ver Chu d Ill
| emu and Hannah so-la-nu-i sentenced to be
hanged January is, 1892. Ibid, Dec. 18th.
The above excerpts from the routine
report OF the proceedings in the United
States district court seem to tell the
tale very completely. To the casual
observer there would appear nothing
very unusual about it, were it not for
the names OF the defendants. And
even taking these names into consider
alton, and knowing that the supposed
murderers are nothing but absolutely
uncvilized Yuma Indians, there would
still remain little more to be said. But
there is something to be added upon
the subject, and there is very sub
stantial reason why these Indians
should not be executed in accordance
with the sentence of the court.
To go little more into the details of
the alleged crime, it appears that these
three Indians (the length of their names
prevents repetition) killed the medicine
man OF their tribe early in December of
last year. The published accounts of
the affair state that the medicine man
had failed to cure one OF their relatives;
| that the chief of the tribe ordered the
medicine man killed; that these three
| Indians were chosen executioners and
were commanded by the chief to put the
medicine man out OF the way; that all
| this was done, and that the medicine
mans squaw was spirited away to keep
her from 'peaching" on the murdereis.
Part of this is true.
The attorney for these defendants has
stated in an interview in a city paper
that he was restrained from bringing
to the knowledge of the court the
fact that these Indians were acting
| in accordance with the instructions
of their chief, because in the event it
would have brought into the case as CO.
defendants the head chief OF the tribe
and every sub chief or captain in author
ity down to the head OF the family Of
these executioners. The attorneys
fears were groundless. Although de-
partment rulings and United States
laws may make the chief OF the tribe
particeps criminis, such condition
could not have applied in this case.
These defendants did not act under
| instructions from anyone.
Let us see why. The position OF med
icine man in a tribe OF Indians is not
second to that of the chief. While he
is supposed to be part OF the tribe, and
thus under the chiefs Jurisdiction, he
| = 81 ~ ba md n, Y,la "
upon their superstitions in far more
effective manner than though he relied
upon temporal power. In this respect,
perhaps, the aboriginal mind is not dis
tinctivelv peculiar. Who does not re-
member the lines:
sob, If were queen of France,
! Or, still better, pope of Rome?"
The position of medicine man is one
that is earnestly sought after, and is
only attained by exercising the utmost
cunning and knowledge of the peculiar
tiles and weaknesses of the mass of the
tribe. Once recognized as such, the
medicine mans fortune is made, as we
would reckon it.
70 hold this position is not more lift
cult than to attain it, but it requires g
different quality-the medicine mar
must not be too ambitious. Tc
strengthen his position and increase
his influence he must demonstrate the
power OF his medicine" Ii he
should be Satisfied with his standing
all he has to do is to make few fortu
nate guesses. He will then die of ole
age. But if he is ambitious, and wants
to make himself thoroughly feared and
revered, then he is in great danger o
destruction. A third wrong guess ii
fatal. In this respect the aborigines are
sensible.
This brings us to the case in point
This murdered medicine man had made
two wrong guesses, in which he declared
that the patient would recover. Hae
he given evasive answers or sale
the patients would die, nothing would
have been done, the spirits would no
have been propitious, or some ready eX
cuse would have been forthcoming. Blu
! he had declared absolutely that two 0
them would recover. They died. TIL
first time Il am now following the trlba
! traditions of the Yuma Indians) he wa
: deceived by the evil spirit; the secon'
time he misunderstood the good spirit
; the third well-this was an occa
l sion of that sort.
The medicine man had lost his thir'
| pdtieut, anu no pUWoi oh o"i"i So"'
! save him. He was absolutely doome'
8 man. No order of the chief could hav
i prevented his execution, and all com
bined power of the sub chiefs woul
! have amounted to nothing. No order
n execution was ordered. No lots wer
drawn to determine who should be tn
d executioners. In accordance with tn
l. traditions of the tribe from time In
8 memorial, the relatives OF tn
deceased were absolutely compelled
carry out the ancient customs. 1t wa
? not their privilege; it was not the
4 right; it was their duty. Had the che
E, interfered, his temporal authority woul
have been at an end. Had these PR
!, destined executioners demurred or d.
Il clined, they would have been under
. social ban, beside which modern DO,
q colt would have been as Pacific sc
!s breeze to the monsoon of the India
!, ocean. They killed the medicine mai
q They did not cover up the body wit
'. a blanket and return later and burn !
!. The body was burned Immediately b
the relatives OF the deceased. They d.
!. not spirit away his sQuaw. In aesor