The Richmond Virginian. (Richmond, Va.) 1910-1920, 1910-04-04
QUEER STORIES or
INDIAN JUSTICE
Lawyer Who Practieed in Old
Cherokee Courts Tells Of
Remarkable Rulings.
A vlnita tokla.) special says:


a Vlnita tOkia.1 special says:
Prior to the enactment Of the Cur
t,s hin hv f.arer>~. a. Ises aecn re
80 r,,.. .S...,,.-.
sne w StsAl.eu AEipes nAu i's own
legislature ana tts own courts and
inflicted death punishment upon tri-
bal t.tffxcnr found wraItv NJ nartoir of.
.a..s. =, = =. .-. ~,
os"bson' "ho prac-
.iceu IN the Gncrokee tribai courts.
iateiy read before the Oklahoma State
bar ASSOCIATION paper giving remin-
iseences or the old tribal court days.
MT. thompson says. that the frst
circuit Judge VINO had charge or GRIM
inal matters In the Cherokee nation
was James Brown. of the Skinbayou
district. The first murder case In the
Cherokee country was tried before
him. the prisoner being defended by
Richard Fields. a lawyer OF rcpute
among the Cherokeeu.
When the prisoner was arraigned
to plead the court asked him II he
was guilty or not guilty. The prison.
or arose and said. T~-s'
Judge. I killed the man. but had
to kill him to save INV own IFS :,
Without further nrocadura J,asa
brown Rad tha 1aw ara ..td - az
sheriff. s
.Mr Shartef ..ta 81.
hang him IN three dawv "N
Fia,as snrang ~ ~. o..
..r.aa 49,. 80 ana -
,rn.11 - .nI nan nao not peeh
- 80, A"s o0 hAHs
~ n-s,.s 80 ~ 80
aiA oeen cohNiceoo! SAID Judge
'ro"h. Dont ne say ne killed the
man, anu ooh the law reao tnat II
man Kills announcer ne must De hung!
Ion neea 10 triaL
fieius persisted In MS protest until
the judge grew exasperated and said
warningiy:
Richard. you set down. and If you
get up here again, III have YOU put In
for accessory"
Fields appealed to the chief of the
Cherokees. who persuaded Judge
Brown not TO have his sentence car
ried into execution.
Looney Riley was judge OF the Tah-
ieauah district, with Jurisdiction IN All
matters OF petit larceny, the punish
ment for This offence being thirty nine
lashes on the bare back. A citizen was
arrested fer stealing sugar from a
warehouse, the only evidence against
him being the fact that he was seen to
enter the warehouse with sack In his
hand during a rain. his excuse being
that he had gone there for shelter.
The persons who saw him enter the
warehouse came to the conclusion that
his only purpose was to steal sugar.
and reported him to officers of the law
The jury came In and said II could
find no law furnishing man for steal
ing sugar and refused to convict
Judge Riley grew angry and said to
the jurors:
"You fellows don't know anything
about the law. You try To make laws
for yourselves. viii Just turn you
loose. You are not TIT to hear any
thing whatever l win go to Canay
and get a jury to enforce the law"
He carried out his promise and the
man was convicted and sentenced to
receive thirty nine lashes on his bare
back Before turning him over to the
sheriff for punishment. Judge Riley
said to the prisoner:
lyon are u pretty looking fellow
and eou grown-up man. got "a good
wife and children. trying to steal SUI
gar, and they tell me You have twenty
bee gums. more sweesening tnsn any
man In this country.
BYRD Adair was district Judge down
near OAK Grove, Judss AGAR nao pre-
pared the Jury ns.' pIoe,aimeo .ne law
anu ser the place ios Tue me-. eoua..
crowo ka.nsreo 70 see wmst . couI.
s Sas 40 p.ison s 10. ~ ra.n ,shsa ynay.
: A 40 to- "A
-. ,,.,p ,,La rohod,, x.n,s % do
any co,,r,,n, to-aay 50 Svs u,tiI "a down
% ., sa,,,a na,vrh,.r.s sSs s.t nt,n.r
aS,ar d,nnar svervhady csme ha ck
ana ga, arnana WAITING for somethinr
70 .turn nm. but there was no case IN
sipbt and court was adjourned and
Judre Adair went nome. Finally
somebody. stumbled on good case,
and a citizen was arrested for stealing
chicken.
The prisoner and the Judge were
close friends and both liked a dram Of
liquor. When the prisoner was ar
ralgned he recited the fact that he had
been on a jamboree and had run out OF
whiskey.
Il wanted chicken soup awfulfy
bad, You know how 1t Is yourself.
judge, when you've been drunk; YOU'D
give almost. anything to get chicken
soup" he said.
Judge Adair eyed the prisoner close
ly a moment and said:
We'll, Tom, I will let YOU OF easy
and give you only afteen lashes"
Judge Rogers sat IN another dis
triot. The Federal government had
given the tribal courts Jurisdiction
over white men for certain offenses.
(