The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-04-10
ODD INCIDENTS OF
; TRIBAL COURTS
Cherokee Justice Was Sure
and Swift, With
Few FriIlS.
CONTROL LAW MACHINERY
WHERE LASH WAS USED EFFEc-
lively ON WRoNeDoERs.

Vinta, Okla. April 9.-Prior to the
enactment of the Curtis bill by Con-
SFess each of the Five Civilized Tribes
had It's own legislature and its own
courts and inflicted death punishment
upon tribal citizens found guilty of
certain ofenses. W. =. THOMPSON who
Practlced in the Cherokee tribal courts.
I Dy read before the Oklahoma State
bar association a paper giving reminfs-
cenees Of the old tribal court DAYS.
MI Thompson said that the first cir
cunt judge who had charge Of criminal
alters In the Cherokee nation was
James Brown of the Skfnbayou district
Inc first murder case in the Cherokee
country was tried before him. the Dris-
oher being defended by Richard Fields.
= lawyer Of repute among the Chero-
When the prisoner was arraiened IN
plead the court asked him IL he was
prose and said:
Judge. 1 killed the man, but I had
TO XIII him TO save my own life"
Without further procedure Judge
sheriff: INC
Mr. Sheriff, take this man out and
hang him in three days"
flelds sprang to his feet and pro-
Tested that the man had not been tried
and that he could not be hanged until
convicted.
"Hain't been convicted?" said Judge
Brown. Don't he say he killed the
man and don't the law read that If a
man Kills another he must be hung?
Don't need no trial"
Fields persisted in his protest until
the Judge grew eXasperated and said
Warningly:
Richard. you set down, and if you
get up here again I'll have you put in
Tor accessory"
Fields appealed to the chief of the
Cherokees, who persuaded Judge Brown
not TO have his sentence carried into
execution
Looney Riley was judge of the Tah-
Iequah district with Jurisdiction in all
matters of petit larceny. the punish-
ment for this Offense being thirtv-nine
lashes on the bare back. A citizen was
arrested for stealing sugar from a
warehouse, the only evidence against
MN being the fact that he was seen
70 enter the warehouse with sack in
ms hand during rain. his excuse be-
ing that he had gone there for shelter
Inc persons who saw him enter the
warehouse came to the conclusion that
ms only purpose was to steal sugar
anu reported him to officers of the law
me jury came in and said il could find
no law furnishing a man for stealing
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
Tor yourselves. 1 will Just turn YOU
loose. You are not fit 10 hear any
tIIns Whatever. l viii go to Canay
ana get a jury to enforce the law"
Tie 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
sherlH Tor punishment Judge Riley
said to the prisoner:
You are a pretty looking fellow. and
you a grown up man, got a good wife
ana child, trying to steal sugar and
they tell me YOU have twenty bee
gums: more sweetening than any man
In this country"
Byrd Adair was district Judge down
near Oak Grove Judge Adair ra0
prepared the jury list proclaimed the
law and set the place for the next
court. crowd gathered to see what
court was. Nobody had filed a suit
and there was no prisoner to be tried.
Everybody sat around until noon, when
Judge Adair said:
Boys, looks like nobody wants to
90 any courtin' today, so we will go
down % some neighbOr's and eat din
ner"
After dinner everybody came back
aHd sat around waiting for something
10 turn up, but there was no case in
sight and court was adjourned and
Judge Adair went home. Finally
some body stumbled on a good case.
and citizen was arrested for stealing
d chicken.
The prisoner and the Judge were
close friends and both liked a dram
or liquor. When the prisoner was ar
raigned he reeited the fact that he had
been on Jamboree and had run out
of whisky.
Il wanted chicken soup awfuIlv had.
You know how IL is yourself, Judge,
when you've been drunk; you'd give
almost anything 10 get chicken soup"
he said.
Judge Adair eyed the prisoner close
ly moment and said:
We'll, Tom, I will let you off easy
and give you only fifteen lashes"
Judge Rogers sat in another district
The federal government had given the
trlbal courts jurisdiction over white men
Tor certain offences white man had
organized a gang Of horse thieves and had
been caught horse stealing.
The question of the courts Jurisdiction
was raised by W. II. Jackson, an English
man with Cherokee wife. who appeared
for the defendant. The white mans con-
federates had been tried one after the
other. convicted and taken outside the
courtroom, tied to a hickory tree and
whipped The whipping could be seen
from a window near which the Judge sat
The jury found the white man guilty
and he was sentenced on the sDot Jack
son complained that the court had no
right to try white man and launched
into a prolonged argument. Joe Lynch
and another deputy sheriff had taken the
prisoner out and We're getting ready to
carry out the sentence.
The judge sat listening to Jackson's
speech. At the second or third lash the
prisoner yelled with pain. whereupon
Judge Rogers turned and said: Hell.
Jackson, you might as well quit your