Bisbee daily review., 1909-01-10
NAVAJ0S ARE RELEASED FROM
 J. s. CUSTODY
.By-a-Iil-e and Polly, Leaders, Must Remain at Ft. HuaChu- ca-lmportant Law Point How Indians Kept Time.
tspecial to the Reriew.l

NSpeCldi 10 the hefleW.t
 TOMBSTONE. Ariz., January g. A most interesting writ of habeas corpus, and one which involves sO.s,
 very important points of United States law, was heard before Judge Doan in the district court today. The point in- vclyed was whether or not the United States government, through the war department. has a right to hold pr son CTS without giving them a nearing of some sort
 The application for the writ was filed in behalf of eight Navajo In- d Fans who at present are being held as prisoners of war at the government prison at Ft. Huachuca, named as fol Flows: By a-lil-le," Polly. IS sco," "By-a-little-be-tar. ST." "At-city," Bis cla e" and Cliz-e-slon-be-ga. The In- dians were placed under arrest on Oc- tober 2S. 1907, on the Navajo reserva-
 tion, about four miles east of ADeth
 Utah, according to the writ, with
 cause or complaint laid before any jus tice or any comm tting magistrate.
 They were placed under arrest by
 Captain Harry O. Willard and at the same time there was fight between the troops and the Indians. and two of the Indians were Killed and one wound
 ed. These Indians since their arrest i were first taken to Ft. Wingate and later to Ft. Huachuca, and since that !, time have been held at the post ano
 have not been advised at any time. ac- ccrd ng to the writ, of the reason their arrest and confinement and sen tence to hard labor indefinitely.
 The resolution made by Senator | Teller in congress shortly after the arrest Of the Indians is made part of the writ and recites the alleged Wr0ugs Cf the arrest of the Indians The application for the writ was
 made by Attorney Gibson, who went over to the fort during the month of ! November w'th an interpreter and had the affidavits signed by them as vel
 as the reading of the petition Of the
 writ. The Indians at that time were
 brought up in front of the Quartces.
 and after arranging themselves in 8
 circle the interpreter read the petition to them, and they sgu.fied their ap- proyal by number of grunts.
 i One of the Indians had kept a record ! of the numbeL of nights that they had
 been in confinement which was a
 NAA AboaNS Alt hau a SIttL pL DiONu
 wrapping paper about two yards long
 folded up inside of his short, and
 bringing it out. showed it to the inter ! preter. stating that it showed the mum Der of nights that they had been held ! without being given a hearing On the paper from the top to about half | way down were a string of ciphers | with an \ drawn through every tenth ! one, showing how he had kept track ! Of the time
 ! The government will attempt to
 prove that the Indians are held as
 prisoners of war, and that at the time
 of their arrest and prev ous thereto ! had been guilty of a number of viola tions of the United States laws. It is | claimed that they were a part of a band of thirty renegade Indians who i rebelied against the supervisicn of | the agent of the reservation, and that they threatened to kill him; that they 1 were killing and driving of stock of | the white settlers in that vicinity, as well as that of the peaceful Indians. ! and that they were buying and selling their daughters to one another for ! ponies. etc, and were also committing | b'gamy by taking two or more wives The leader of the Ind ans Is "By-a. ] lil-he" who is about seventy years of