Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1900-06-05
|A||||u|g|UAN N COURT
Wa.Ta. Ta.wa Sues Sheriff Tode and
Agent Rsbok for Wrongful
Prosecution.
Asks sl0. 900 For Alleged False Ar
rest and Imprisonment Story
Of His Wronga
Council Bluffs Boy Badly Burned
BY On Electric Wire-short
Specials.

States Marshal Healy yesterday served
the original notices in the case of Wa
Ta-Ta-Wa, the aged medicine man Of
the Musquakie Indian tribe. against II.
N. Rebok and Claus II. Tode and H. NJ.
Rebok as United States Indian agent Of
the Sac and Fox Indians and Claus HI.
Tode as sheriff OF Tama county, Iowa,
In which the plaintiff asks judgment for
$40. 900 for false arrest and imprison-s
ment. It is understood that other cases
will be commenced by various members
Of the tribe who claim to have griev-
ances against Rcbok. Tode and others.
among them Ta-Ta-Pi-Chee and Lelah-
sPuc-ka-Chee, husband and wife, who
recently won their appeal to the federal
court for a writ OF habeas corpus, re-
Agent Rebok and Superintendent Ma
lin.
The petition Of the plaintiff, as filed
In the federal court in this city for the
September, 1900 term, is as follows:
That the defendants conspiring to-
gether unlawfully with the corrupt In
prison your petitioner, the plaintiff
herein, did on the 18th day Of January,
1899, unlawfully cause him to be seized
and arrested under said illegal and pre-
tended warrant with force and great
violence to his person and unlawfully
imprisoned in the Tama county Jail at
Toledo, Iowa. The defendants and each
& Of them well knew before and at the
time that this petitioner was one of said
tribal Indians and not subject to the
state laws Of Iowa. Copies of said in
formation and warrant OF arrest and
Judgment OF said committing justice are
attached hereto. marked exhibits A, B
and G, respectively. and made part
hereof.
That afterward to-wit: on about the
18th day of January, 1899, said defend
ants further conspiring together to fur
Their unlawfully imprison and deprive
petitioner Of his liberty, maliciously and
unlawfully caused him to have an ille-
gal preliminary hearing before one A. j.
Dingee, Justice of the peace OF said
Toledo township, and knowingly, cor
ruptly and unlawfully further caused
this petitioner to be unlawfully bound
over by said Justice to be unlawfully
held and await the action OF the Tama
county grand jury and unlawfully re-
turned to said Jail, and your petitioner
was SO unlawfully deprived OF his liber-
" and kept in a close and damp and un-
healthful Jail for weeks following the
18th day Of January, 1899, and until by
worry, neglect and grief in cold. dark,
damp cell his peace OF mind was de-
stroyed and health broken down end
destroyed. That the defendants so un-
lawfully and inhumanely treated him
IN the seizure anu imprisonment of his
person or were SO very brutal that he as
result has sustained lasting physical
mental injuries. together with other
wrongs which the defendants While so
conspiring together did then and there
commit against the person of petitioner
and did then and there. contrary 10 the
4 laws of the United States and against
the peace and dignity of the United
States. That after weeks of such un-
lawful imprisonment in the Tama coun-
ty jail OF Iowa the Tama county grand
jury refused to hold the petitioner any
longer under such unlawful and illegal
information and complaint. but fully
discharged and exonerated him before
the beginning of this suit. That your
petitioner by reason Of the aforesaid IL
legal Information, warrant and prelimi-
nary finding and conspiracy, as we'll as
the aforesaid unlawful, forcible and VIC
lent seizure, arrest, commitment and
imprisonment was thereby wrongfully
and unlawfully deprived of his freedom
and liberty for weeks and was thereby
greatly bruised and wounded and there
by physically and mentally injured to
the extent of permanent bodily injuries
and his health Was thereby greatly and
permanently injured and put to great
{ expense, and was thereby further I'M
lawfully exposed to public disgrace and
thereby lost forever his peace OF mind
and conscience in his declining years and
old age. to his great and lasting injury
and damage in the sum, to-wit, OF &c.,
900, no part OF which has been settled or
paid.
Wherefore petitioner prays Judgment
against the defendants individually and
against H. NJ. Rebok as United States
Indian agent and against the defend
ant Tode, as sheriff Of Tama county,
Iowa, and costs Of that suit