The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-07-14
It Could Not Be Proven So Judge
Hanford Dismissed Him.
HE KILLED wAlTucE BENSON.
stfll Held In Custody. and III the Az
thorities Of Yakima County Wish
70 Prosecute Him for the Crime
Federal Authorities Will Turn
Very Much About Himself.

The trial OF Charles RoSs. charged Win
the murder OF at Indian named waltuce
Benson on the Yakima reservation on
February .. came 10 a sudden termination
In the United States district court yester-
day morning. when Judge Hanford. on mis-
own motion, quashed the indictment or
the ground that /; did not allege that Ross
is an Indian. Ross was not released, but
is being held in custody until the sheriff
OF Yakima county can be heard from. II
the authorities of that county desire to
do SO, they viii be allowed 20 prosecute
Ross in the state court for his alleged
crime
The circumstances which led TO the omis-
sion OF any allegation as 10 Ross race
from the Indictment are peculiar. and 1t
is possible IL Is the only instance of the
kind on record in the United States The
fact of the matter is that Ross has such
a mixture OF blood in his veins that the
government prosecutors feared to allege
anything concerning the matter and lei IL
go al that. Ross himself. it is said does
not know OF what race he is. After ex-
haustive research Mr.. Ciaypooi came 10
the conclusion that Ross might be de-
nominated Afro
Americana Indian but ne didn't dare to
cucumber the indictment with such an al.
legation
Looks Like Negro.
SO FAR as appearances are concerned
Ross looks more like a very light colored
negro than anything else He is about
b or n years cid. and has lived fer many
years on the Yakima reservation, where
he has an Indian wife and child. He IS
known there a. ar Indian. it is said Re-
fore going 10 Eve with the YaNimas Ross
was for some time one of the puyaiup
tribe, and before that lived with the Brit
ish Columbia Indians. All his life has
been spent with Indians, and in all but
appearance he is a typical Sawash
Ross father Is supposed to have been
a Professionalism trapper N the employ
Of the Hudson Bay Company In explain
ing The matter 10 Judge Hanforl in court
yesterday. Mr.. Claypoo. referred to Ross
az "one az those curious amllga.natioas
an advancing civilization has scattered by
the ways.de.''
Court Businesses the Case.
The trial of the. case had only fairly be-
gun when Judge Hanford's attention was
called 20 the defect N the Indictment. and
he informed Mr.. Claypool that he would
expect him to show some good cause why
the bill should not be quashed This Mr.
Ciaypool attempted to do. arguing that
by implication the statutes of the United
States gave the court jurisdiction 10 Try
a white man for the murder of an Indian
on an Indian reservation. as being A dis
trict under the exclusive jurisdiction OF
the United States
The argument was a plausible one. but
Judge Hanford said It was not the law,
and quashed the Indictment
Mr.. Claypool was not surprised at The
outcome OF the case. In discussing it with
Post-lnteiligencer reporter he referred
to remarkable feature incidental 10 the
case. saying:
The decision of the court In this case,
which Is undoubtedly correct. exhibits a
peculiar condition of the United States
law. By section 2l42 OF the Revised Stat
utes white man who assaults an Indian
may be tried and punished In the United
States court. but section $3.50 Is not broad
enough 10 give the United States courts
jurisdiction OF the crime OF murder COM
mitted by a person other than an Indian
on an Indian within the reservation. be-
cause such reservation Is not a district
or country under the exclusive jurisdic-
ton of the United States The enabling
act. under which the state of Washington
was admitted 10 the Union. does not con-
tain any exclusion OF Federal Jurisdiction
Therefore IL follows that a white man can
be punished for assault'ng an Indian on
a reservation, but cannot he punished in
the United States court for numbering
him"
The evidence against Ross is entirely
ciFcumstantial He is said 10 have been
seen near the place where Benson's body
was found soon after the crime was com
ml'ted, and there is evidence to show that
both the alleged murderer and the victim
were intoxicated. Henson'S neck was
broken by blow with an iron rod.
II ia thought that the state court. under
the decision OF the supreme court In the
case OF the State vs. Williams, an Indian.
In the Thirteenth Washington reports. will
have jurisdiction 10 Try Ross If Yakima
county cares 10 prosecute.
Attorney II. j. Snlvely. OF North Yak
Is AafenAl,...