The sun. [volume] (New York [N.Y.]) 1833-1916, 1893-07-29
The Nine Condemned Choctaws.

Secretary HoKE SMITH has gained point
over Principal Chief JONES in tho second
stay OF execution just granted by the Choc-
taw court to the nine men who were to have
been shot on the 4th Of August. This order
OF the court postpones the execution until
the 9Th Of September.
The contention over these nine men
between Mr.. HoKE SMITH and Mr.. JONES Is
strange indeed. In the last previous stage
Of 1t Mr.. SMITH was worsted. An in
quiry into the circumstances Of the trial OF
these men for murder had convinced Mr.
SIMS. tho Assistant Secretary of the Interior
Department. that the trial was conducted on
its merits. He said that he had failed to
find anything in it smacking Of unfairness
or prejudice. as alleged by the representa-
tives OF the LOCKE faction and others who
have interested themselves in the case"
II the President and the Secretary. he said.
thought the sentence of death in some
OF the cases too severe. that Is n ques-
ton aside from the regularity Of the pro-
ccedings by which the men were found
guilty" This conclusion was in accord
anco with the assertion made by Chief
JONES in q letter to Secretary HoKE SMITH.
that the conviction was in no measure
due to political prejudice or political
causes" and that the jury OF twelve
men had listened to evidence sub
mitted under the same rules which pre-
vail in the courts OF the white man" II
the conclusion Of Assistant Secretary SIMS
Is correct. 1t takes away q part Of the Iea-
son for the interference of Secretary HoKE
SMITH. since 1t was supposed that the con-
viction and sentence Of 80 many men must
have been due to party animosity.
1t has been suggested. however. that the
next proceeding will be to urge in the
United States court. that since the first re-
prieve was granted without authority. the
culprits must be discharged altogether.
This would be adroit practice. Chief
JONES' on being asked several weeks ago
by the Interior Department whether he
could lawfully commute a death sentence
imposed for conviction of murder. replied
that he had no authority either to commute
or to stay such a sentence. Nevertheless.
with the desire "of preserving amicable
and friendly relations with the United
States. through your department. and to
ascertain where the line will BIO drawn.
when the United States through Its depart
ments. will cease from interfering with
the execution and administration Of our
laws" he took the responsibility of request
ing Judge NELSON Of the First Judicial Dis
trtct Court Of the Choctaw Nation to stay
the execution already provided for until
the 4th OF August. 1t would now be remark
able IL Chief JoNEs's acknowledgment that
there Is no law authorizing any such
action on my part. or on the part Of the
aforesaid Judge" should become the basis
for wholly discharging from custody and
from punishment even the rlngleaders in
the murders.
Whatever the result reached In this con-
troversy. the surest way for the Choctaws
to secure themselves from the int rference
of which they complain, may be to come
into the Union. II they and the other civ
iized tribes OF the Indian Territory will
form State. as they were invited
to do by the last Congress. they will
be able to secure home rule. They may
then be glad to borrow points In legislation
from the other States. including. perhaps.
the stay or Communication OF the death sem
tence. At all events. they will be likely to
enjoy a larger degree OF independence than
they have now.