Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1900-04-06
IBID ND|lN I'M 1|D|I
Judge shiras Decides That Indians
Can Not b Imprisoned Il
School
a Permanent Order Granted ii the
Lelah. Pue. Ka.C hss Habeas
Corpus Proc sdinga


History Of the Trouble and the
Question Involved - Further Lit.
tgation Promised.
Special to Times Republican.
Cedar Rapids, April 8. -Judge Shiras
yesterday granted permanent order
in the habeas corpus proceedings
against Agent Malln and superinten-
dent Nellis by Lelah- Puc- Chez
for illegally restraining her Of her NIB
'erty. Attorney Lamb. OF Toledo, OBJ
tanned a temporary writ from Judge;
shiras last January and secured the re-
lease OF Lelah-P uc- Chez from the
Indian boarding school. where abe all
legged she was being held against her
will.
The proceeding Is rather peculiar, 1t
being an attempt at the final deter
mination OF the case brought last jan
uary. The defendants. Malin and Nell.
lis. asserted that Lelah- Puck Chez
and half a dozen other Indian girls In
3terested with the plaintiff in this ac-
ton We're not confined in the boarding
school against their will at the time Of
the application for writ of fabeas
corpus. To prove to the contrary Le-
lah- Puc-Ka- Chez and Ta-Ta- Pic
her husband, and Ma-Squa- Sc, another
student, file their affidavits with Mr..
Lambs motion.
Lelah, for short. says that the plain
tins answer as filed is entirely UNI
true: that she, never had been willing
to remain in the school. She says fur
Their that she was restrained OF her lib
lerty until about January 4. when she
discovered an opportunity to escape
and took advantage OF 1T.
Ta-Ta- Pr Cha. who married Lelall-
Puc-kaC Chez after she had run away
from the school originally and before
she and half dozen other girls were
forcibly seized and dragged away from
husband and parents and locked up IN
the cell, swears that he is the husband
.Of Lelah; that the answer OF the de-
PENDANTS Is untrue and that he knows
of his own personal knowledge that
Lelah was locked up ms cell by the de-
PENDANTS. He also makes affidavit as
to the manner in which his young wife
was seized and dragged away to school
against her protests and against the
protests OF her parents and her hus-
band. I.
Ma Squa-Se. who Is one Of the bellies
of the Musquaki tribe, swears that she
was With Lelah when she was taken
from her husband and locked UP, and
states further:
II was at the same time after a
struggle for over half an hour, forcibly
taken from my father. Na-Has- Shee,
by Malin and his confederates and al
the same time with force and violence
taken and imprisoned in an upper cell
or room Of said training school and in
the same cell or room with Lelah- PUG
Ka-C Chez, and that we were SO kept and
imprisoned night and day and were not
permitted to see any person except the
person who carried food to us and the
dishes and Stops away: that we were SO
restrained until we saw an opportunity
to escape.
Under the order fled by Judge Shiras
the Indians are given their full free
dom, and between the lines can be read
an order to Malin and Nellis to proceed
according to the Instructions Of the de-
partment hereafter.
a reporter:
This is only the beginning OF the liti-
CATION. am going home to commence
a number of suits in behalf OF my eli
lsents, the Indians. against Malln and
Nellis. You know that I am represents
ing those Indians who were arrested
and held to the grand jury on the
charge OF resisting the federal officers.
These Indians. Jim Peters, Qua-E-Mah,
Wa -Sa- Sheek, On-No-Wa, Ma-ka, Ia
Wau-Que, He-Sha-Qua and Y-Ta-Wah
refused to assist the officers In round
ling upga lot of children at IL O'Clock
one night so that they might be
\ dragged OF to the training school. For
3this they We're arrested on an informa.
tion charging them with Violating the
criminal code in that they did then and
There unlawfully resist a lawfully APP.
pointed and acting officer OF the
limited States. said officer acting under
lauthority OF law and by order OF a
Sduly and lawfully appointed and act
ing agent OF the United States, Their
and there in charge OF the Indian reser.
walton OF the United States in the law.
liful and proper discharge OF his duties.
The grand Jury has failed to indicl
these Indians on the charge against
/ them, and now they propose to SET
whether these petty officials can loci
them up and drag them off to court ev.
cry few weeks or not. There Will be al
kinds of music In the air before the,
get thru
II
BOONE.