Omaha daily bee., 1899-03-28
GOES OVER FOR 4 FEW DAYS
Eabest Corpus Case from Thur5tun County
Has 9 Partial Hearing.
INDIAN AGENT MORGAN GIVES TESTIMONY
Explains the Assault Made Upon Him
by Henry Holt nnd the Subse-
guent Occurrences Leading
Tpt0 Hts Arrest.

Al the earliest lt will be The last o. the
present week before Judge Nuure- OF The
Tured Ststes court will dispose nt she
habeas corpus case brought by Acting
Agent Howell Morgan Of the NiuuebaEo ana
Omaha agency iu Thurs. on county The case
was given a partial bearing yesterday and q
continuance granted until Saturday lu order
to secure The attendance uf several Witnesses
who are now absent from the state.
The trouble Oh The Wiune5ar0 and Omaha
Ind an agency started 90 March -. when
couple Of Indians conceived the ideu that
they would like TO take q trip TO Washing
ton They applied to the acting agent for
permission 10 leave the agency and we're ln-
formed that they could not DO 30 That i
they did they might consider themselves
DISCHARGED from the position which they
he11-thBt q Indian police A few DAYS la-sf
one Of the men, Henry Holt concluded that
- be could not 20 TO Washington be could
have some trouble, ana consequently pro
ceeded to STIR up some. Re visited the hotel
where the agent was staying and provoked
q quarrel and then assaulted him by threat
enine to brain him with stove poker. Ths
agent and his men took the weapon away
from the man and inCarcerated him in the
agency EuRrdhoUse where he remained over
ulElL. ne 1b4luN AllE NV LAA4A- 4@-'-e ''
leased and Immediately started out for Pen
der. where be secured a warrant FOR tnt ar
rest Of Acting Agent Morgan. charging hin
With assault and battery. On this warrant
an arrest was made and the agent taken
before the county judge Of Thurston county
who held him in bonds, which the ofhsihl
refused to furnish, whereupon he was com
rnitted 70 Jail.
Morgan applied To Judge Munger Of the
United States court for writ Of haheas cor
pus. alleging unlawful detention, his CON
tention being that as he Is an uffcial Of ths
United STATES the state courts have no jur-s-
diction over ms person il cases Of the kind
charged.
Holt Hunts for Row.
When Judge Munger took W the bearing
Morgan was called and testified that sun
day evening March ~. he was eatinE sup.
g,er II the hotel at the agency when Henry
Holt Albert Hensley and Henry Frenel
called and were ushsrad into The strttnE
room. Hensley stated thai he and Holt de-
sired 10 leave the agency for couple O
weeks foT the purpose Of going TO Washing
ton. Witness informed The men that the!
could not so, after which Hol; answered
- am tired OF being treated like slave"
Witness said thai after making tbe fore
going statement Hol1 seized an iron poke
and make an attempt 20 strike, bur Int
weapon was wrested from his hands, Afte
which he was taken 10 the guard house AM
detained until the following morning, whel
a warrant was issued by United States Com
missioner Sloan. The next day HOlt an
his wife went to Pendsr, where they secure
from the county judge d warrant for tn
arrest OF the witness.
Other witnesses. including Herbert Spen
.-rr-
Nee'ber the agency farmer and John LnEal
were called and ali testified TO The assaul
mace ny Hoft upon Morgan, Logan saying
that he heard Holt say several times, 90
intended TO kin him"
Ov lng 10 The absence Of certain witnesses
d further hearing uf the case was continues
until next Saturday, when the defendan
viii introduce testimony in support Of hi
contention that the United States officer
have no authority To act in the premises
G4ott's position is thai ne is citizen OF In
United States, holds land in accordance WI
the provisions Of the laws Of lhe couurr
and for years has enjoyed all OF the right
and privileges Of other citizens Of The state
and that consequently the federal court Ia
no right TO take cognizance Of The case.
Delay Mems Much 10 Indians.
Agent Morgan saws that his detention an
UbIuE ktlI ENHN LOn Alt agency i NDlh
ing great Injury TO the Indians. There ar
nearly 100 leases OF lands which the parlie
are ready to sign, but as ne is unable 10 h
there and attend TO them The farmers an
stoClInsn are likely TO 80 elsewhere an
secure lands FOR The coming season. II
urged that the time for putting in the spriu
crop is almost at hand and that Il the lease
are not executed within q few DAYS muc
of the land will remain idle Ibis year.
Speaking of the trouble al the agenc!
Agent Morgan said: 1t is the same old diff
Guilty with which we have had 20 concen
for years. There are a number q men Il
there who are mischief makers and if the
cannot run things 10 suit themselves the
want TO stir up a ruw Captain Beck ha
the same trouble and 50 did Captain Mel
Ger. Both IL these men brought these fe
lows TO time and after that they behave
themselves reasonably well Now they Al
trying the same TACTICS on me but like II
officials who have preceded me ! propose
stand firm and upon my rights ] am wuri
ing in The interest Of the Indians and
know that The mCsJ Of them are with Il
and VIII stand 10y me in the position that
have taken"
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