Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1900-06-22
RID J A||lN| BR||I|||lB|||l|I
An Indian From the Iowa Reserve.
ton Asks 5000 For Wrongful
Inprisonms4t
.Phea. %. Hs Says Hsl vas Unlawful.
" Arrested and Imprisoned for
Alleged Abduction.
Declares Laws Of lows Hsve No
Jurisdiction IL etition Of the
Plaintiff

a Tama Indian who2e name has been
translated into English to read plain
Jim Peters. has begun suit in the fed
eral court in this city against w. q. Ma
lin, United States Indian agent at Ia
ma, and G. w. Nellis, superintendent Of
the United States boarding school at
Toledo. claiming $4,000 for false arrest
and imprisonment.
This case is kindred to the Lelah-
Puck-a-Chee abduction case, in which
the government agents attempted to
separate an Indian groom and bride
after they had been wed according to
the ceremonies as sanctioned by the
great sachem. Peters, in his petition,
goes on to say that he is 81 years old,
and all his life has been tribal Indian
in and under the tribal laws and usages
as one Of the Sac and Fox Indians, and
has lived with them for thirty years. He
says he is not and never has been citi-
zen OF Iowa, or subject to its laws and
jurisdiction. Jim further denies the usu-
al belief among the palefaces and says
that he has always been good Indian.
Neither has he ever been accused or
convicted of any unlawful act or crime
against the laws of Iowa or the United
States. He AYERS that he bore good
name until the unlawful accusations
and prosecutions made by the defend
ants hereinafter named.
On May 81, 1899, Jim says. Malin as
agent unlawfully and maliciously swore
to and filed an information before S. C.
Reedy, justice of the peace at Toledo,
falsely accusing him of enticing away a
tribal Indian child under 10 years Of age
from the reservation, said child beng a
pupil of the United States boarding
school, under the false claim that he
was its lawful guardian by virtue OF let
tiers from the Tama district court, the
defendants we'll knowing the plaintiff
was not amenable to the laws OF Iowa.
In this instance Jim says he was de-
'prived of his liberty for six days
I On June 6 Jim ayers that the defend-
ants conspired unlawfully together.
knowing plaintiff was not subject to the
jurisdiction Of the laws of Iowa, compel
led him at great expense to employ an
attorney and defend in Justice court on
a lengthy and pretended preliminary
hearing and thereby further unlawfully
iSduseu Iiltil " We OouNu ~ OSSI. u n lIle
grand jury and kept in Jail for six days.
after which he finally succeeded in
getting bonds for his release.
On October 81. 1899, plaintiff says, the
defendants maliciously conspire1 to-
.gether and did falsely testify and by
their testimony did cause him to be in
5dicted by the grand jury. He wa. then
Jailed, he gays, for ten days, getting his
release only one day before the trial. He
was tried on Nov.1, 1899, and completely
5exonerated.
Peters says the defendants knew all
this time that the pretended letters OF
guardianship to Malin from the Tama
district court were illegal and void, and
that the Iowa courts had no jurisdiction
over him. He was thus deprived Of his
liberty, freedom and time as we'll as
peace Of mind for 1873 days, and great
part of which was passed in damp Jail.
ato-wit, from June to Nov L. All this
he says was due to the alleged false and
malicious testimony. BY reason of
these things he has been inhumanly
treated and permanently disgraced, and
was greatly bruised and injured both
physically and mentally. and was put to
expense and time: he has been exposed
to lasting and social disgrace and in
jury, and has lost forever his peace of
mind by reason OF the alleged conspira-
icy and malicious prosecution.
For all this James thinks he is en-
titled to ask exemplary damages also.
and places the amount OF his claim at
$1,000