St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-03-01
THE INDIAN COMPLICATION.
A Most Interesting Situation
Judge Thomas Defers Sem

n MOSC interesting SITUATION
Judge Thomas Defers Sem
tence.
Gus Chaplin has not yet been SEN
fenced upon conviction in the United
States district court for horse stealing,
because Judge Thomas is not yet salts
fled on two points in the case. These
points are whether Chaplin is only q
half-breed, and, if a half-brced. is he
properly convicted under the law.
When the case was called Yesterday
upon renewal of the motion for SEN
tence, A. E. Halves, attorney for Chaplin,
was not present, and he did not
turn up during the day, although
the deputy marshal went 10 notify
him. Chaplin said that his attorney
declined to appear for him longer.
Judge Thomas was not we'll pleased at
the action Of the attorney i'll deserving
his client under the circumstances, and
indicated his mind to some extent on
that subject. He further said that an
important question had been raised. and
Indicated that he would like 10 hear the
prisoners rights presented by an advo-
cate. Assistant District Attorney
George b. Edgerton read several
authorities on the points suggested by
the court, and argued the two points
Indicated above, as well as other points
raised upon the law and the evidence
in the case. An insight into the inn
portance of the case may be gathered
from the following resume of the law:
The United States courts do not have con-
current or original jurisdiction OF offenses
triable Ill state courts; but an act of congress
was passed March 3, 1885. which makes In
dams sustaining tribal relations triable and
punishable by the United States courts.
Prior to that act 1t has been the policy of the
government 10 permit indians preserving
their tribal relations to regulate and govern
their own tribal and social concerns It will
+ be seen that this act made radical changes in
the pre-eXisting policy, and subjected Offend
ers upon Indian reservations to Jury trial.
In the case ofa the United States against
francisco Ward tried in the United States
circuit court for the southern district of Cali
fornia, the law is reviewed and interDreted
rather clearly. 1t is there stated that it is
apparent that to bring a defendant within
the PROVISIONS of the act of congress- he
must be Indian, and the indictment
must allege that he is an Indian. such allie
CATION being necessary, it is OF course essen
tial that the proof should correspond for it
is cardinal rule i'll criminal procedure that
every material averment of the Indictment
must be established by proof 10 justify q con-
ylctlon. Ward was the son of negro father
by an Indian mother; he WAS born and raised
oil an Indian reservation, and afterwards
lived in civilization for a few years hut went
back to tribal relations before the otfense for
which he was tried was committed The
court i'll that case decided that the son of a
negro father by an Indian mother is not an
Indian within the meaning of the act of con-
gress of March B. 1885, which provides for
the punishment of Indians committing GER
tain offenses.
In the Gus Chaplin case Judge Thomas said
the allegation must be made in the iudict-
ment that he is an Indian and that lie lives
on an Indian reservation or sustaips tribal
relations, and that these, aS.Well as every
other material allegation of the Indictment,
must be proven fully. The government has
the burden of the proof and prosecution
from the beginning TO the final close, and, al
though Mr.. Edgerton urged that the points
had not been raised by counsel for the de-
Tense, yet the court insisted that the law
should be complied with ana the prisoner
properly and legally convicted.
Mr.. Edgerton argued that there was
no evidence that Chaplin was not an In
dian. 1t was shown that he lived upon
White Earth reservation. and the de-
PENDANT himself said that his mother is
an Indian, but he does not know who
his father is, and lie thinks he is white
man. Judge Thomas replied to the ar
gument of Mr.. Edgerton that Chaplin
looks like he has white blood in him.
Mr.. Edgerton then stated the common
law rule to be that the offspring follows
the condition of the mother. In re-
spouse to this proposition the Ward case
was again referred to and it was found
that there the law was laid down to the
effect that in the case of Ward the child
follows the condition of the father. In
the opinion of the Ward case there is
the following language:
The common law rule that the condition of
the offspring follows the mother is only true
as to slaves. but in the case of the United
States against saunders the court held that
and i'll that case the condition of the Off
spring follows the father.
The discussion by the court and Mr..
EdgertOn was very interesting, and
Judge Thomas was adverse to decide
the case without further time to con-
slider the matter. and even when Mr..
Edgerton cited case decided by one of
the United States circuit court indges
to the effect that when the interior de-
partment had decided that man
was an indian and allowed
him to live in an Indian
reservation and draw an annuity, that
court was bound by the decision, Judge
Thomas said he would take until Mon
day morning at 10 o'clock to consider
the matter. Chaplin is an intelligent
locking young man, and speaks good
English. He also has the appearance of
being a half-breed.
1t was remarked by several about tho
| court room yesterday that it would be
vel Ter congress to define what degree
OF blood constitutes an Indian, as il is
not only Important in criminal cases, but
may be important under recent treaties
which allow Indians as such to enter
.ts- l.,x, ax,4f,