Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1896-12-31
LETTER FROM MR.. KERN.


Mr.. EDIToR:-I am surprised at
your attack on me in your issue Of
December 17th. / am sure when
you know the facts you will
promptly retract that editorial.
Soon after we commenced taking
testimony in May, felt that the
cross-examinations of the negroes
by the Cherokee attorneys were
exceeding all proper length. |
knew the commission had power
as a court to pass on the relevancy
of all testimony | asked my CO.
commissioners to join me in ex.
Guiding many questions that i
thought irrelevant. / was not able
TO get them to concur with me in
this view, so / had the cross ex-
animation of about 20 pages of one
witness written out and forwarded
TO the department at Washington,
aud submitted it as a sample, and
stated that if was % be INDUCED
in, instead of finishing this testi.
mony in 60 days, we would do
we'll TO finish it in four months.
The department wrote me (and /
have the letter. that il felt it was
10 be left 10 the commission TO de.
eide what was relevant and irrelev-
ant, and perhaps it would be bet.
ter to allow very lengthy cross
examination than to have any COM
plant from the Cherokees as to
being denied justice. So the thing
dragged on, as you know, from the
first Of May till about the middle
Of August. Now win you please
tell me whether there is any evil
dence Of delay so far as | am con-
cerned in this act? The last day
we we're at Vinita our stenogra-
pher was overcome with the heat
! brought him home on a sick bed,
and he did not rally so he was able
TO write his notes or work until
September 10th. For this | as
sumo you do not hold me respon-
sible.
AT the conclusion of the taking
Of the testimony asked the at
forneys If they could not agree as
10 some cases in dispute, so that
we might save time and money by
not having the evidence written up
as TO these cases. 1 was unable to
get this agreement, so all the tes-
timony had to be written up. So
soon as our stenographer was up,
said to him, The money appro-
priated for writing up these notes
Is near $1,000 less than will be
needed, but want you TO employ
all the help yon can and hurry
this matter up, and / will foot the
bill myself, The stenographer
stated to me that it would take
him six months by himself to
write up that testimony. He EN-
ployed help as requested by me,
and the result Of this WAS that in
two months, that is about the 10th
Of November, the testimony was
ready for us. About the first Of
November, when | knew we would
get the testimony about the 10th,
wrote Mr. Clifton, chairman. 10
convene the commission tie 10Th
of November. He answered me
that he would call il the 25lh OF
November. at once wrote 10 the
department al Washington, stat
inf ihatil would be almost impos-
siblo for as to 60 through near
4 OOc pages Of testimony from the
2Slh Of November TO the 10th of
December, and asked il to call the
together not later than
2Oth. | have its an
wer saying il must be left 10 the
hommission, IL would not ia
|erlore ] ofoourse was powerless,
and The commission did not meet
lll lllo Goth of November.
4 want Ie say Ia answer 10 your
|hafna. lhof beginning Wlth The
str of November until lho l0lh OF
leatmbff. / worked 10 hours s