Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-11-04
dorsement of the supreme court.
Decision in Murder Case.

! defendant was a member of the Sioux
| tribe. and it WAS sought to convict him
| for the murder OF Lieutenant Casey. of
| the United States army, a few days
| subsequent TO the battle of Wounded
Knee.
| There was no question that Plenty
| Horses had shot and killed Lieutenant
! Casey during the time when the army,
under the command of General Miles.
and the Indians under the leadership.
of Red Cloud. American Horse and
other chiefs. We're in hostile array near
the Pine Ridge agency. 1t was shown
that after the killing of Casey, General
| Miles had an Interview with the Indian
chiefs and proposed to them a cessa-
ton of hostilities and burial OF all past
| subjects of complaint.
The proposition was accepted by the
Indians. and all came into the agen-
cy. Including Plenty Horses.
Subsequently, an indictment was re-
turned in the United States court at
Sioux Falls against Plenty Horses
charging him with the murder OF Ca
ssy. At the trial Judge Shiras held that
the government had dealt with the In
dams thru the executive branch, repre-
scented by General Miles as commander
of the army, and that his conven ton
with the Indians bound the govern
ment. and that the courts We're not
justified in dealing with individual
cases which were included in the gen.
eral amnesty secured by General Miles.
and the jury was instructed to return a
verdict for the defendant.
3t,,n Nv
lance passed on by Judge Shiras was
involved in a habsas corpus case
brought by f. f. Waite, pension ex-
aminer i'm the employ of the United
States. who was indicted, tried ana
convicted in the state court for an al
legged violation of the law OF Iowa while
acting in his capacity Of pension ex-
aminer Judge Shiras held that the
state laws do not apply to the matter
of pensions, a subject wholly controlled
by the acts of congress. and that the
state court was without jurisdiction
over Waite, he being the officer of the
United States. which view was sus-
tanned by the supreme court
Perhaps no federal Judge in the mid
die west has had as mpch experience
in trying cases In which Indians We're
interested as Judge Shiras. 1t is
claimed by many Judges that Indians
are not good witnesses, being inclined
to lie when they rea'liza that they can
gain the least advantage by so doing.
Judge Shiras, however. states that he
has always found the Intelligent In
dian to be a satisfactory witness. and
he took delight IN presiding at trials
in which Indians are numbered among
the witnesses.
D;saarees With Judge Gresham.
One of the most interesting cases
ever tried by Judge Shi.as in Dubuque
arose thru the failure of Boies, Fay X
Conkey. G. at.5, some ars ago.
Among the creditors preferred was
Senator ]. X. Graves. of Dubuque, de-
ceased. at that time prominent man
In Iowa affairs. The creditors OF the
Arm filed a bin in the United States
court at Chicago. Judge Gresham,
who presided. found that Graves was
silent partner in the firm and ordered
him to pay into court for the benefit OF
the creditors certain moneys which had
been delivered to him. He evaded the
order and avoided Judge Greshams
jurisdiction for some years. fanaeiy,
ne was called to Madison. Wis, as
material witness in a case on trial be-
fore Judge Gresham, he having beer
advised by the attorneys for complain
ant that he would be permitted to en-
ter Judge Gresham's jurisdiction for
the purpose OF ts,stifytng In this case
without being attached for contempt OF
court. 1t seems. however, that Judge
Gresham had authorized the attorneys
TO give no such assurance. and upon
the conclusion of Mr. Graves testmo-
~, Judge Gresham issued an order for
his arrest.
Graves eluded the federal officers
and escaped to DUBUQUE. Application
was then made to Judge Shdras TOR his
extradi;ion. After a noted hearing at
Dubuque, in which former Speaker
Henderson appeared among the coun-
sci for Graves. Judge Shiras held that
extradition was a criminal process, and
could not be maintained for contempt
of court i'm d civil case arising from the
failure to obey an order for the pay
ment of money into court. Subse-
auently it was held that the whole
matter of the Boiss-Fay-Conkey fail
,.re was within the jurisdiction OF the
state courts and that Judge Gresham
had exceeded his jurisdiction.
Judge Shiras has always been con-
sidered one of the ablest judges on the
federal bench The fact that he has:
Remained district judge turnout the
entire period of his service is by many
attributed to the circumstance that mis-
brother. George Shiras, of Pittsburgs
was elevated to the United States SUI
preme court In 1892 The latter retired
i couple of years age. 1t was due,
however, entirely to other circum-
stances.
In 1869 Judge Shiras was candh-
date for the circuit bench. However
iowa had already been represented on
this bench by Justice Miller. Judge Nc
Crary and Judge Dillon. while several
of the states in the circuit had newer
had n circuit Judge. Arkansas was
among THEM. Besides, Judge Caldwell
of that state. was Judge Shtras' senior
in point OF service. For THIS reason the
apuointlnent went to Judge Caldwell.
Judge Slniras was not !, candidate for
the vacancy created by Judge Cald-
weIl's retd rement as hn himself was
approaching the period at which he
would be privileged to retire. Had he
wilied to remain on the bench beyono'
the age limit there is no doubt that ht
would have been elevated to the cir