Omaha daily bee., 1899-07-02

/ great father knew which the guilty ones
we're he could make the selection from that
dozen, for | had told them that the great
father would not punish anyone that was
! innocent OF the offense charged. That was
satisfactory to us We took The old head
chief. ten or dozen of the Indians so
turned over to us, loaded them into wagons
and brought them to Omaha, put them In
Jail and soon after commenced their pre-
limnary examination b fore General O'Brien
1t was a most difficult task one that never
could have been accomplished without the
aid OF Major North We were a good many
days making the investigation and, as a re-
suit the commissioner held four OF the In
dians for the murder OF McMurty | don't
now recollect the long Indian names, but
I do recollect the English of the Indian
names Of the ones that were held One was
Yellow Sun, another The Man That Steals
Horses another was Blue Hawk and the
other was Little Wolf. When court con-
vened at the next term the matter went be-
fore a grand jury and prepared the indict-
ment charging each one OF the Indians as
principal and the other three as aiding and
abettng in separate count with the killing
OF McMurty by shooting with a gun, by
shooting with a bow and arrow and by the
use of tomahawk Using the long Indian
names and the English alias, 1t was long
drawn out Indictment to which the jury
returned true bill. At the November term
following the Indians we're put upon their
trial. Colonel Chase who in those days was
an active member OF the bar, attracted the
attention OF the Indians and. having no
counsel at their request he was appointed
to defend them. long and tedious trial
followed. DR.. Miller, one Of Omaha's best
men, in the columns of the Herald each
day pitched into the prosecution. For some
reason the doctor thought that the Indians
were being unfairly tried. The trial went
on, however and resulted in conviction.
Little Wolf Swallows Chair-Round.
"One morning during the trial the news
was circulated that one OF the defendant
Indians had become good 1ndian"-that
he was dead. We went into the jail. under
the old court house and in Charge of Sheriff
Henry Grebe and there Little Wolf lay
stretched out on the stone floor on his back
apparently dead. DE-. Tilden. who at that
time was a sort of court doctor, was sum
moned. Being of the old school OF practice.
following the three cardinal rules, which
are, first, feel the pulse; second, look at the
tongue; third, bleed; the doctor felt for the
pulse of the Indian There was not much
show there. He next wanted the Indian to
open his mouth; the Indian assumed death,
and dead Indian can't open his mouth.
little talk by Major North about the
Happy Hunting Ground in the hearing OF
the would-be dead Indian induced him to
open his mouth and protrude his tongue
little so that the doctor could examine it.
But the doctor looked beyond his tongue and
to his great surprise saw something that
was not a part Of the human system. He
saw the end OF stick. Calling for his
nil pr he thpm info the
mouth of the Indian and pulled out the lower
round of common kitchen chair twelve or
fourteen inches long that the Indian had
thrust down his throat so far that he could
shut his mouth. The doctor was considera-
bly, excited by his discovery. 1t was near
ing court time and Judge Dundy was call
ing on us to come on and proceed with the
trial. After the chair round was taken from
the Indians throat he got UP and moved
around, and there no further investiga-
tion by the doctor to determine whether or
not the rest Of that chair was in the In
dams stomach. That is a question that
has never yet been settled.
Conviction and Escape of the Indians.
THE trial ended and the jury was charged
late in the afternoon. About 10 o'clock at
night it agreed upon a verdict and the
prisoners were brought into the court room
to listen to the findings. 1t was a dark,
chilly, snowy, sleety night: there were but
few persons present besides the Indians and
half dozen or more guards. the marshal,
the clerk of the court and counsel. Colonel
Watson B. Smith read the verdict in the
usual form and when Judge Dundy ordered
the prisoners back to the jail it was neces-
sary to go down flight of stairs out DOORS
The entrance to the Jail was at the land
ing outside of the building. When the In
dians and their guard had got out of doors
all, at one time, evidently preconcerted
plan. flung their blankets and made an effort
to escape. There was nothing when their
blankets were off that a guard could catch
hold of. 1t was dark, and the guards dare
not shoot lest they might hit some innocent
person. Three of the Indians, Blue Hawk,
Little Wolf and Horse Thief, got away.
Old Yellow Sun was captured The marshal
with his force and the police instituted
search for the fugitives. Two or three
hours later the jaier heard a rap at the
door Opening the door he saw Horse
Stealer standing before him.
He had come back after his blanket. The
jailer let him in and locking the door, kept
him there The Indian demurred He
claimed that he had run the gauntlet, had
secured his freedom by a desperate effort
and at the risk of his life, and was
entitled to his freedom, but that was not
according to United States law, and he was
held. Little Wolf was found the next day
midway between Omaha and Bellevue. Blue
Hawk got back to the reservation and re-
fused to return, and 1t was thought that
the tribe would protect him.
Indian Sagacity.
"It is a remarkable fact that the Indians,
although unable to understand word Of
English, knew that they were convicted
the moment the verdict was read and they
Immediately, in their sign language, then
and there planned their escape, 1t was
mystery to me how they knew the result so
quickly. | had the major investigate the
mystery and he told me in few days that
the Indians read the verdict in my face,
which was overspread with smile OF salts
faction at the result of the trial The In
dians said Il laughed with my eyes
"A month afterward lot OF Indians we're
out on sort of hunting expedition and
Blue Hawk was with them. Marshal Hoile,
learning Of the fact went up to Fort Nc
Pherson, and, securing a company OF cavalry,
overlook the Indians for the purpose OF ar
| resting Blue Hawk. The cavalry drew up