Reporter and farmer. [volume] (Webster, Day County, Dakota [S.D.]) 188?-1946, 1900-08-09
PASSING OF A ELK
Probably Saved thu Government the
EXpenSe of an Exeau4iar 49,

Saved the Government the
Expense Of an Execution.
one of the most famous cases in the
criminal annals of South Dakota is
brought to a close by the death, in the
county jail at Sioux Falls, of John Bad
Elk, a Sioux Indian murderer. The
story or the crime and developments
which have grown out of 1t is an inter-
esting one. Added interest was given
the case by the fact that Bad Elk trav-
eled several years with Buffalo Bills
Wild West" show as a membe of the
sioux contingent, and that while on
one of these trips re fell in love with
and married a white woman. whom he
took with him to the Porcupine district,
on the Pine Ridge reservation, where
he lived. This marriage was the in
alrect cause of Bad Elk's crime-the
murder of John Kills Back, an Indian
poilceman-for which he was sentenced
to be hanged, but as the result OF an
appeal to the United States supreme
court he was granted a new trial,
which would have been held next
month at Deadwood.
After returning to the reservation,
Bad Elk's white wife secured employ
ment as cook in the family of Captain
Is. j. Gleason, the government official
IN charge Of the Porcupine district.
On March 6. 1893, Bad Elk, who was
acting as school policeman, attempted
to murder his wife by firing two shots
at her. A few day after cmfwy cmm
at her. \ few days later he deserted
his white wife and married, according
TO the simple Indian custom, a Sioux
damsel known as Eagle Face. Failing
TO appear at Capt. Gleason's office
when ordered to do so, for the purpose
or explaining his conduct, three Indian
pollcemen-Lone Bear, High Eagle and
John Kills Back, the latter having
been installed as school policeman in
place or Bad Elk-were instructed to
arrest the offender and take him to the
agency. While attempting TO make
the arrest Bad Eagle fired on the off,
GERS, a bullet from his six-shooter
striking Kills Back near the heart. The
wounded man died soon afterwards.
When shot and mortally wounded by
Bad Elk, John Kills Back did not have
his belt on, and had no weapon in his
hand. Bad Elk fired three shots at
High Eagle, one Of the bullets passing
NNONSH nv ldNNCt - IOdl, dloIUeT
through his pants, and the third in
close proximity 10 him. High Eagle
fired We shots at Bad Elk, and Lone
Bear fired three times. Bad Elk was
captured the following day at a point
ABOUT six miles down the creek from
the scene OF the murder.
He was tried during a regular term
OF the United States court in Sioux
Falls in April, 1899. and was found
guilty and sentenced to be hanged June
l6, 1893. Before that date the case was
appealed to the United States supreme
court. Early in May last the supreme
court handed down a decision which al
tered a practice that had been in vogue
on the reservation for years in refer
ence to the apprehension of Indian Of
tenders by Indian policemen. and will
require speedy Legislation by
to remedy the conditions created by it.
1t has been customary for the Indian
agents, or ~subordinates acting under
their direction, to orally order the ar
rest by the Indian police of offenders
against the rules and regulators of
the reservations. The supreme court
decided, in substance, hat there was no
statute of the United States or of the
State of South Dakota giving any
right to Indian policemen to arrest an
individual without a warrant on q
charge Of misdemeanor not committed
In their presence.
AS the Indian agents, or the courts
known as courts of Indian offenses,
which have, during the past few years,
been established at the Indian agencies
for the disposition of minor attractions
OF the law, are not clothed with au-
thority to issue warrants for the arrest
OF Indian offenders, this power will
have TO be conferred pom the agents
of the judges of the Indian courts by
congress.