Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1901-09-30
INDIAN SUES R[B0K
Black Cloud Accuses Former
Agent Of Causing His Con-
viction by Court.
Facts We're Kept From Court
and Resulted In Peniten.
tiary Sentence.
Damages In the Sum of $4,000
Demanded..Details OF
the Case.

Special to es-Republican.
Cedar Rapids, Sept So.-In an amend
ed petition which has just been filed in
the federal court here by Ma-Ka-Ta-
Qua-Twa, or Black Cloud, by permits
sion of Judge Shiras, charges are made
against Horace NJ. Rebok, formerly
agent of the Sac and Fox Indians. Re-
box is accused of wrongful persecution
for fraudulent, malicious and marcen-
airy motives. and the plaintiff asks ag-
gregate damages Of $4,000.
1t appears from the petition that the
plaintiff was, prior to 1895, member of
the Indian tribes and as such member
received an annuity from the govern
ment for himself, son and wife, Later
he removed to the Tama reservation
and claims to have advised Rebok OF
the fact that they were enrolled with
the Oklahoma Indians. That he stated
to Rebok his intention to remain perma-
nently with said Tama Indians, and
that he desired for himself and son to
receive his annuities in Tama county by
and thru said defendant, and that ther-
upon, defendant, we'll knowing the pre-
vious enrolment of said plaintiff and
his infant son with the Oklahoma In
dams, advised plaintiff to enroll said son
with the Tama Indians, and to there re-
ceive and receipt for said annutties and
promised plaintiff that he. said dstend-s
ant, would arrange SO that SAID son
would be enrolled and receive his annui-
ties in Tama county, Iowa. That de-
PENDANT fully understood all of the facts
hereinbefore get forth, and PLAINTIFF
claimed the rights as guardian OF SAID
child to receive said annuity, and then
and there said defendant, as Indian
agent, caused the said Charles Ward TO
be enrolled among the Indians residing
at Tama as the son and ward of plain
tiff, and advised plaintiff that he was
entitled to the custody and guardian
ship of said child, ana was entitled TO
receive and receipt for and hold any
and all moneys or annuittes due SAID
| Charles Ward from the government OF
the United States, and that he, as Unit
ed State Indian agent, would procure
the cancellation of the enrolment o.
said Charles Ward among that portion
of plartinff's tribe residing in Oklaho-
ma, and would prevent the payment OF
said moneys or annuities in Oklahoma
| to the mother of said child, or to any
| other person.
The plaintiff in his petition further
says that he received certain annuities
| from the government relying upon the
| advice, counsel and protection and
| promises of said Horace NJ. Rebok, and
upon all the facts hereinpeHore set forth.
That thereafter, on or about the 18th
day Of September, 1897, the defendant,
Horace NJ. Rebok, we'll knowing plain
tiff's helpless and dependent condition..
and plaintiffs inability to communicate
the aforesaid facts to the officers Of this
court, and his inability to employ or
confer with legal counsel, in violation
of said Rebok's duties as guardian OF
plaintiff, and in violation of the trust
and confidence reposed by plaintiff In
said Rebok, did falsely, corruptly,
lfraudulently and maliciously make and
file in this court before one j. o. Stew
art, as commissioner, an information
charging this plaintiff with violating
Section 5436 OF the Revised Statutes of
the United States. by making false
declaration to secure double annuity
for his said son, with intent to defraud
] the United States, in that the plaintiff
had, in the manner and under the facts
fereinbefore stated, received said an
nuity of said son on said goth day Of
September, 1895.
That under the charges preferred and
thru the alleged connivance of Rebok
plaintiff was convicted and sentenced
to and served two years in the peniten-
| tiary, all Of which was procured thru
the concealment of facts relative to
PLAINTIFFS disclosure to said Rebck OF
| ell the aforesaid facts and circumstan-
ces on which his claim to said annuity
and to the guardianship Of said Charles
| Ward was based, and relative to the ac-
| ton of said Rebok with full knowledge
Of said facts In enrolling said Charles
Ward as a member of the Iowa tribe of
said Indians, and the payment by said
Rebok to said plaintiff of said annuity
with full knowledge of said facts, and
of the receipt of said annuity by plain
tiff under the aforesaid facts. and under
the advice and assurance of said Rebok.
and under his trust in said Rebok.
| Black Cloud further charges that Re-
\