The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-05-01
'CHEROkEES WILL
GET Il MONEY N [ ! | {: | BACK B
Supreme Court Of United States
Decides Against Government i'll
Famous Indian Case.
ABOUT s4,oo0,000 INVOLVED
Trial Court Sustained il Case OF
Negroes Condemned to Death
Ill for Murder.
~ Associated Press.l

tS4 nv Associated Press)
Y &y,.as111NGTON, u. c., April D,-Ihe
re sponsibility for the payment OF the ex-
nanses of the removal of the Cherokee
Indians from the Eastern states to In
dian Tterritory, more than half a century
AGO. was to-day decided BY the supreme
Court Of the United States to rest win
i The government.
There we're several cases involving the
same question. The opinion was ha'lueu
down by Chief Justice Fuller and afilriheu
the decision of the Court of Claims WIN
.,irh, notifications. These expenses were
charged to the Cherokee treaty tund' anu
tio Ina,ans claimed that this was I'M
#properly done. The question OF interest,"
on the payments also was raisea' ~
s Judgment of the Court OF Claims was
z l., 1,,.or or the Cherokees and against
the United States. and called FOR inc
ravnont Of about $1,000. The case mas
irece,ved much attention from Congress
ana in the courts
;5ssi Old Settlers Cut Out.
.,l.hp modification in the decision OF the
rorrt of Claims consisted in cutting out
The old settlers or western CheroRees' ti'us
,,-inp the entire sum awarded to the
Eastern Chcrokees, who did not remove
( from their homes in North Carollha'
Georgia and Tennessee until 1888.
Attorney Robert l.. owen, who IS NM
self All Indian. and who represented "lne
Eastern Cherokees, says that orEinahy
there were about 5000 Of those lno,ans,
nut Tint their descendants number 9pout
{ 10000, The award Will be divided among
them after expenses are paid.
vi The money used in the removal was
part of fund growing out OF the SAFE
!. Or the Eastern lands of the Indians, ana
held in trust for them, The old settlers
/. we're cut out because the court found
that they had heretofore been fully re-
5lmbursed for their share of the expendi-
lures from the trust fund. The decision
!. provides for n per capita payment 70
Y the cherokees who remain in North Car
DINA, Tennessee and other southern
states, There are about 6,cn0 of them.
They asked for one-fourth of the entire
"a ward.
Against Negroes.
Tho decision Of the Supreme Court was
f announced to-day in the case Of Robert
Sawyer and Arthur Adams. two negro
members of the crew Of the schooner
Harry Berwnd. who are under sentence
OF death for the murder of the captain.
the mate, the engineer and the cook Of
that vessel. The decision of the trial
"A court was sustained and the result was
against the defendants.
The two negroes were charged Win
having committed the crime in connec-
ton with two other negro members OF
: the crew on the tenth Of last October
i off the coast Of North Carolina, while
the vessel was sailing northward from
Mobile.
The two other men who were charged
with completely in the crime were John
s Coakley, who was killed afterwards.
and Henry scott, who in the trial of
5$the cases tstified against Sawyer and
Adams.
1.-The three survivors of the tragedy
were taken off the vessel by a passing
ship and landed Mt Southport, n. G..
Their trial took place in the Circuit
Court Of the United States for the East
ern District Of North Carolina and both
were found guilty of murder on the
high seas. They brought the case to the
Supreme Court upon an allegation of err
ror In the proceedings in the trial court
consisting In the standing aside of Jurors.
The court overru!cd the, objection. but
Justice Pcckham.- who i.announced the
courts findingt'sa /, did so with re-
luctance, owing to the possibility OF
an abuse Of the practice. Justice White
dissented from the decision.
Virginia Case.
The Supreme Court to-day decided two
cases brought against William n. Stake.
trustee for G. r Baird &: Co, mnkrupts,
Of Roanoke, Va, involving the question
OF preference claimed on account of at
tachmen;s made by creditors within four
months prior to the bankruptcy pro-
.ceedinss One of the cases was Instituted
by the First National Bank. of Baltl-
more, and receivers Of the Virginia Iron.
Coal and Coke Company. The Circuit
Court of Appeals for the fourth cir
crit decided in favor Of Stake and to-
days decision affirmed that finding. The
opinion was by Justice Brown.
. p.