Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-04-29
SOLDIER IS FREED.
Indian Arraigned In Federal
Court For Murder of Ma
She-Cha Is Discharged
EVIDENCE is NOT SUFFICIENT
District Attorney, After Examining
Witnesses, Moves to Dismiss the
Defendant and Court sustains the
Motion-lndians Took Much Interest
In the Case.
Special to Times-Republlcan.

| Special to Times Republican,
Cedar Rapids. April 90 The attempt
to hold George Soldier responsible for
the murder of the Indian Princess Ma
She Cha, ended in failure in the fed
| eral court here last night, when Dis
| trict Attorney Mcmillan moved to dis
| miss the prisoner for want Of evil
dence to convict. Judge Reed was also
of the opinion that a sufficient amount
of evidence to prove the defendants
connection with the crime had not
been introduced and he sustained the
| district attorneys motion to discharge
| the prisoner 1T now seems probable
| that the murderer of Ma-She-Cha viii!
never be punished, unless the Indians
| take the matter in their own hands.
| In reviewing the evidence the court
said chat certainly the government
had failed to show that George Sol
| der had any connection with this
crime other than that he was seen
with the woman on the afternoon OF
| that day, that they had not been seen
| together by repeated witnesses, not
Indians, but that they failed to con-
meet the accused with the commits
sion of the crime. 1t is the opinion
of the court that the accused be dis
missed and the case discharged"
| The case was called Friday after
| noon, large number Of Indians from
the Tama reservation being present
The father of the defendant, Peter
| Soldier, is civilized Indian, who was
a soldier in the civil war and wears
| the union blue.
| The evidence submitted was almost
all circumstantial, yet there is a gem
eral impression that Soldier had some
thing to do with the crime. Follow
/ ing is a brief summary Of the evil
dence submitted:
L. e. Allen.
J.. e. Allen testified to finding the
body of the girl in a ditch. Part of
her clothing had been torn off, indi-
eating struggle. The face was al
most black There was a large abra-
sion over the left eye. A post mortem
was held and three holes thru the
scalp were found. At the back part
of the head there was much clothed
blood indicating that she had been
struck with a heavy, blunt instru-
ment. The woman had bled profusely
from the mouth and ears, always an
evidence of a fracture of the skull.
The fracture at the base of the skull
was sufficient to caue death.
Two short clubs s1e found near
the body These were delivered to the
United States authorities. The place
where the body was found was about
two and one-half miles from the res
ervation.
Mr.. Armant's hired man, George
Curley, first found the body.
George Curley.
George Curley testified to finding
the body in ditch in Levi Armant's
cornfeld Friday, April IA. He re-
ported to Mr.. Armant and Mr.. Armand
reported to the coroner.
A mile and half east from the
place where the body was found was
a strawstack = the jackson straw
stacks.
The creek was "up" about March 4,
and at that time the water was prob.
dUly SEVEN 1CCI OSCp at liz paw
where the girls body was afterwards
found. His attention was called tn
this because NIr. Arlnant lost a cais
there.
Albert Corey.
Albert Corey testified that the little
ditch where the body was found was
SO situated that in order for water
to get into 1t, it would have to be
.backed up from Raven creek nearby.
And Raven creek must have seven
feet Of water in it before the water
would back up into that ditch. The
witness said. he had known Nellie DAY.
export very well. He identified the
shawl which had been found at the
Jackson strawstack as her shawl. Also
her bracelets.
L. Graw.
L. Graw testified that he saw George
Soldier and Nellie Davenport going up
the railroad tracks about $3.50 p. NJ.
on the night of March 4. They were
near the jackson crossing. Soldier
was carrying a shawl which he after
ward gave to the woman and she put
it on her shoulders The witness was
slre 1t was March 4th. He had been
to Tama to pay some bills. He hai
drawn checks in payment and they
were dated March as he had since
ascertained.
James Bolichek.
James Bolichek said he saw Nellie
Davenport and George Soldier on the
night of March 4, walking west to-
wards Potter. The girl was about 100
yards ahead. Soldier was catching up
with her. The girl turned north to-
wards the fence He did not notice if
she went thru it, but supposed she
did. 1t was almost dark. He was we'll
acquainted with both the Indians. He
had known Nellie Davenport since she
was seven years of age. He was
positive in the Identification OF her
and George Soldier that night. They
had walked a mile and a half west
from the Jackson straw stack to the
place where he saw them.
Levi Armant.
Levi Armant, on whose farm the
boa,, VOC found yava a dissertation of