East Oregonian : E.O. (Pendleton, OR) 1888-current, 1906-01-17


The case of the State of Oregon VS..
Thomas Scott was commenced in the
circuit court this morning. This is
the case where Tom Scott, the colored
barber of this city is accused of SELL
ing whiskey to Annie Chapman, a
squaw from the reservation. The
state is represented by District Attor-
ney G. w. Phelps, and the defense by
]. H. Raley.
Two Indians, Annie Chapman, the
complaining witness, and Willie
Skloom, testified that they had upon
several occasions secured whiskey
from Scott, that in the particular in
stance mentioned in the indictment
they purchased three pint bottles,
paying Scott $3.50 therefor. The in
dictment charges the date as being a
week from last Saturday, while the
Indians were somewhat mixed up as
to just the exact date.
Marshal Coffman testified that 1t
is the habit of Indians to loaf and
congregate in the vicinity of SCOTS
place, but, of course, he himself had
never seen any whiskey sold.
A. Brummett, the Cottonwood liv-
eryman, testified that the Indians fire.
quently hung around in the vicinity as
lat cas- IL o'clock at night, but admit
ted on cross examination that they
passed back and forth through his
stable, perhaps as much as through
Scott's place.
Marion Pool, the bus driver for the
Hotel Pendleton, also testified to see
ing the Indians loafing in the vicinity.
but admitted they were in the livery
stable and the Chinese restaurant
perhaps as much as the barber shop.
Marshal Coffman was recalled to
make a map of the premises showing
the exits, fences, etc, in the vicinity,
for the information of the jury.
Major Q. G, Edwards was called by
the state to show that he had never
given authority to Scott to give or
sell whiskey to any Indian, and If this
authority was given by the United
States, it would undoubtedly come
through him as guardian of the In
dams on this reservation.
At the conclusion of the states case
Mr.. Raley moved that the court in
struct the jury to bring in a verdict
of acquittal on the ground that under
the statute of the state of Oregon un-
der which this indictment was
brought it was necessary to prove by
competent authority or evidence that
the defendant if he did sell liquor
to the Indian, did not have this au-
thority.
That the state had failed to prove
the material allegations of the indict-
ment.
That by an act of congress, allot-
ting the prosecuting witness lands
upon the Indian reservation and de-
claring her to be a citizen of the
United States, congress granted au-
thority to the defendant to deal with
her as a citizen of the United States
the same as with any other citizen
and granted authority to the defend
ant to sell to the prosecuting witness
Intoxicating liquors.
Judge Ellis, in denying the motion,
ruled that the Dawes act no doubt
gave the rights of citizenship to the
allottees of the reservation, but there
was no question in the mind Of the
court but what the state can make
restrictions with regard to the selling
20 % inf tn
instance, a persons who has been
black Listed is no doubt a citizen; citi-
zenship of itself does not confer all
those privileges. That the state has
a right to protect that class of citizens
who would abuse this right. lie did
not see any constitutional reason why
the state would not have a right to
say that the Indian, under the influ-
ence of liquor, is IAN extra hazardous
risk" to use an insurance term; that
1t has been the intention of all states
having Indians within their borders
to keep from those Indians intoxicat-
ing liquors for with such liquor they
become a menace to peace and good
order; that he did not think the right
Of citizenship impliedly or directly
conferred the right to anyone to sell
them liquor.
Tom Scott was then called in his
own behalf and testified that he has
lived in Pendleton about 10 years;
that he has been a barber for about
three years, and knows the prosecut-
ing witness, Annie Chapman; that he
never sold her whiskey, that she never
even ask him for whiskey, that she
came into his place on the 9th Of the
present month, and when she came in