Weekly independent. [volume] (Elko, Nev.) 1887-1914, 1906-03-23
THE INDIANS
SENTENCED.
JUDGE BROWN PASSES SENTENCE OF
DEATH UPON JOHNNY
AND IBAPAH.
lie Also Scores the Person Who Sold
Them the Liquor.

thls ~Iorcnon, II he nE tile time set Tor
passing sentence up II johnny and lba-
pah, the Indians vic;ci OF murder in
the first degree for brutality Hilling IA
tramp at Moutello on the night OF De-
cember ~, 1903.
When Judge Brown took his seat on
the bench the defendants and a large
number y! citizens were n the court
room. All seemed to real q the .olemity
OF the occasion rs perfect silence WAS
maintained during the proceedings.
Judge Browns face shove the men.
tai strain under which he WIS labormg.
Promptly at 10 o'clock, he called upon
lated the facts Of his Indictment. trial
and conviction Of murder III the iirs: de-
gree. He was then asked il ne had any
legal grounds to shoS why the judge
ment OF the court should not nov be
passed upon him. Johnuy'5 attorney
had II melton for a new trial ready, but
waived the filing OF it until Judge
Brown made the same statcmant To b.
pah he had male to Johnny. lbapah
then sat down and the attorueys fer the
defendants liIci motion for new tSini..
The attorneys argued the mo Iuns
briefly. Judge Brown first took up the
grounds for II new trial offered 10y
Johnny's attorney and reviewed the
most important. lie dill the same with
those offered in behalf OF lbipah uud
concluded by denying bo.h motions and
gave the attorneys thirty lays in which
to file their bill Of exceptions,
This brought him to he pc Mt II pass
ing sentence upon the defendants. i!ut
before he dill this he read ia a c.car
voice the following.
~The court has now the solemn duty II
~pronouncing against these dcfcnIun:a
the judgment Of the law. Though
solemn, this duty does not involve the
responsibility which in other rHlnEs
concerning this case, has rested upon
the shoulders OF the court. This il Il
simpler duty than the pass ny .; sru-
tcnce i'll IL common burglary OF larceny
case. There the court must exercise
some discretion az tn the amount 81
penalty ,o be inflicted. Here the court
has no discretion. Where "a person ha-
been convicted OF II murder ot the first
degree, the Legislature OF the S!ntc.
speaking through the stntutcs. has lie.
cided the only one judgment that can lee
pronounced, TINT u death.
That these defendants arc guilty OF
murder Of the first degree, 30 one whn
listened to the evidence can entertain a
reasonable doubt. The jurors in rcu.
dermg their verdict only did their full
duty. Convinced as they must have
been from the testimony that the de
PENDANTS has committed Il wilfull. de-
libcratc and prcmcdiutcd murder, they
must have been false To tue obligations
OF their oath, had they returned n
verdict other than the one found 10y
them.
AS the jury did the only thing they
could rightly DO upon the evidence, and
under the law. So now the court has
no option but to declare the one penalty
which the law has prescribed for murder
Of the first degree.
To many ~ us here present the array
OF defendants seems incomplete. Were
justice fully done, the court would n0w
be passing sentence not ouly on thts"
murdcrcrs, but also un thoc who III
u great measure are morally ~rcspOniahlc
for the murder. mean those whC,
knowing the evil and dangerous effect
OF intOXicanta upon Indiana, willfuIl,
sold to the prIsouc rs at tho bar, the
alcoholic liquors which excited their
savage passion to the point where they
were rcady to commit that brutal crime
Some may wonder why the sellers Of
these liquors have not been prosecuted
N .this Court md mny be ignorant of
the fact that there is no law nn our
It n ute OJks under winch our II ate
Courts can exercise jurisdiction on
cases OF this kind. \ few wears ago the
statute which the State authorities
could havo used to punish this great
moral crime was repeated. This case
has made manifest how dangerous 10
an Indian who ia drunk ind how he
who pieces liquor in the Indian home
Is nm cnOmy Ia the community in winch
no livee. We ought not to leave the
punishment 81 this oiTcn4c, 10 the Unit
cd Sintcs Cnurts. Tho Federal
statute is enacted mainly Tor the pre-
lection of tho Indians Themselves. For
the protection 81 orr lomca, II our
wives md children. Of all pcaccablc per.
sons III orr communities. there -lioull
again be n law on our State Statute
30 thereby those who Tor gclii4h greed
c%ndnnRcr tho livc4 81 thoso about them
by giving Ia Indians thc4c poispnous
stimulate, cOuld 10 put whcsc they
belong behind tho bnrl viii u'hcr
convicted enemies Of society.
Although recognizing that in tho
moral guilt u this crime. the vo rInra
OF tho liquors have somc part, etill We
cannot mitigate the pcually Of the
actual murdcrCrs. Because Of their
humble situation va may fcnl deep pity
Tor them. Tho unhcrstaudrn uf hiph.