The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-11-30
NO INDIAN TRIALS
Red Men Charged With Murder
Given a Respite.
Jurisdiction Must Be Settled by
u. s. Supreme Court.

The trial of Dennis Spear the Potta-
watomie Indian, in the federal court
here, on indictments for the murder of
his wife and her grandmother was to-
day postponed, pending decision or
the United States supreme court Ihe
point is the inter probation of the acts
of congress of 1885 and 1887 relative to
the jurisdiction of the federal courts in
the prosecution of criminal cases
against tribal Indians. and the con-
ferring of citizenship upon the Indians
by allotment, respectively, the latter
act making them amenable to the laws
of the state and anSWerable in state
courts.
This morning an agreement was made
that the attorneys for the defendant
should offer two pleas in abatement,
one on the history of the Indian, Spear,
and the other on the question of the
Interpretation of the law relative to
Jurisdiction. To this decision, an appeal
will be taken to the United States SUI
preme court by District Attorney J. s.
Dean. This arrangement was made in
accordance with the indicated wish of
Judge William c. Hook who is hearing
the case.
Judge Hook said: ssrThe situation pre-
sented has some very vexing features
Similar cases are sure to arise in the
future, and a result considerable
annoyance will be experienced unless
the question is settled by a decision of
the supreme court I would very much
like to learn the Interpretation of the
continuing the hearing of the case"
1.-The question involved in the case"
said United States Attorney j. S. Dean
to a State Journal reporter, lis whether
the jurisdiction conferred upon the fed
eral courts by the act of 1885, of Of
fenses committed by one Indian against
another Indian, within the limits of an
Indian reservation, in any state was
taken away, by section 6, of the act of
1887 providing for the allotment of
land in severalty to the Indians, in the
case of the Indians, who took advantage
of the law and secured allotments of
lands and provided that upon the COM
p1etion of the allotment the allottee be-
comes subject to the laws, both criminal
and civil of the state in which he re-
sides
5 srThe court holds that as to the allot-
ted Indians, the jurisdiction of the fed
eral courts in criminal cases has been
taken away
LAS the question is very close, it is
our desire to have the case appealed
to the supreme court of the United
States to secure a decision from that
court upon the question:
There seems to be considera BILE doubt
whether or not the government has re-
linquished all responsibility in the con-
troll of the Indians, even after their
tends to the prosecution of liquor cases,
and controls the disposition of the
property acquired by indians by allot-
ment for a period of twenty-five years,
anu II SeGIlS the QucSliOH I0NOiNSS UPON
the proposition of whether congress by
the act of 1887 meant to relinquish ju-
risdiction in the prosecution of criminal
cases against Indians.
If the attorneys for Spear are sue
cessful in their contention, and the case
is taken to the state courts for trial
eventually, the possibility of a sentence
to hang is averted
Meantime Spear will be held in Gus
tody under state warrant charging
him with murder.
Capt J. G. Waters appeared before
Judge Hook this morning in behalf of
James Deroin, the other Indian under
Indictment for murder and whose trial
was to follow Spears Waters asked
for the continuation of the Deroin case,
making the same contention made in
the Spear case He also asked for De-
roin's release on bond.
The case was continued until Janu-
ary 10. 1t will probably be continued
until after the decision of the supreme
court.