The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-03-27
QUEER JUSTICE
+ AMONG INDIANS
Strange Stories of the Old
Cherokee Courts.
TRIAL NOT ADMITTED
Mnu Who Admitted Staying In Self De-
Tense Narrowly Escapes Being
Han@ed-Nitness Fell Asleep
a. tIomept of Crime.
TRIAL NOT ADMITTED


a. tIomeBt of Crime.
From the Washington Post.
Vinlta, Okla-Prior to the enact
ment of the Curtis bill by Congress II
1908 each of the Five Civilized Tribes
had it's own Legislature and its owr
courts and inflicted death punishment
upon tribal citizens found guilty oil
certain offenses. ". p. Thompson, who
practiced in the Cherokee tribal courts
lately read before the Oklahoma state
Bar association q paper giving remin-
scenses of the old tribal court days.
Thompson said that the first circuit
judge who had charge of criminal mat
ters in the Cherokee nation was James
Brown of the Skinbayou district The
first murder case in the Cherokee coun-
try was tried before him, the prisoner
being defended by Richard Fields, a
lawyer of repute among the Cherokees.
When the prisoner was arraigned to
plead, the court asked him if he was
guilty OF not guilty. The prisoner
arose and said:
Judge, 1 killed the man. but had to
kin him to saYe my own life
without further procedure Judge
Brown read the law, and said to the
sheriff:
Mr.. Sheriff, take this man out and
hang him in three days
Sentenced without Trial.
Fields 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 conyicted?" said Judge
Brown. Don't he say he killed the
man, and don't the law read that It 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 for
accessory
Fields appealed to the chief of the
Cherokees. who persuaded Judge Brown
not TO have his sentence carried into ex-
eeution.
Looney Riley was judge of the Table
quah district, with Jurisdiction in all mat
tiers of petit larceny, the punishment for
this offense being SO lashes on the bare
hack citizen was arrested for steal
ing sugar from a warehouse. the only evil
dence against him being the fact that he
was seen TO enter the warehouse with
sack in his hand during rain, his ex-
cuse being that he had gone there for
shelter.
Oycrruled the Jury.
The persons who saw him enter the
rahnuaH he nnnPi1ISfOfl "a
his only purpose was to steal sugar, and
reported him to officers of the law. The
jury came in and said 1t could find no
law Furnishing 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
yourselves. I will just turn you loose.
You are not fit to hear anything what
ever. will go to Caney and get a Jury
to enforce the law"
He carried out his promise and the man
was convicted and sentenced to receive
80 lashes on his bare back. Before turn
ing him over 10 the sheriff for punish
ment, Judge Riley said to the prisoner:
You are q pretty looking fellow, and
you a grownup man, got a good wife
and children, trying TO steal sugar, and
they tell me you have 20 bee gums, more
sweetenins than any man in this eoun
try
Byrd Adair was district judge down
near Oak Grove. Judge Adair had pre-
pared the jury list, proclaimed the law
and set the place for the next court. A
crowd gathered to see what a court was.
Nobody had filed suit and there was
no prisoner to be tried. Everybody sat
around until moor. when Judge Adair
said:
Judge Had Been Drunk. Too.
Boys, looks like nobody wants to
do any courtin' today, so we will go
down to some neighbours and eat din
ner
After dinner everybody came back
and sat around waiting for something
to turn up; but there was no case
in sight, and court was adjourned and
Judge Adair went home. Finally some
body stumb ed on a good case, and q
citizen was arrested for stealing a
chicken.
The prisoner and the Judge were
close friends and both Xix ed dram of
liquor. When the prisoner was ar
raigned he recited the fact that he
had been on jamboree and had run
out OF whisky.
II wanted chicken soup awfully bad.
You know how it is yourself, Judge,
when you've been drunk; you'd give al
most anything to get chicken SOUP
be said.
Judge Adsir eyed the prisoner close
ly a moment, and said:
We'll, Tom. will let you off easy,
and give you only Is lashes.n
Judge Rogers sat in another district
The federal government had given tho
tribal courts jurisdiction over white
men for certain ofenses. A white man
had organized a gang of horse thieves
and had been caught at horse steal
ing
The question of the courts jurisdic-
ton was raised by W. Fl. Jackson, an
Englishnhan with a Cherokee wife, wnc
appeared for the defendant. The white
mans confedera ties had been tried one
after another. convicted, and taken out
side the court room, tied TO a hick ory
tree and whipped. The whipping could
be seen from window near which the
Judge sat.
The jury found the white man guilty
ana he was sentenced on the spot
Jackson complained that the court had
no right to try a white man, and
isunched into a prolonged argument
Joe Lynch and another deputy sheriff
had taken the prisoner out and ware
getting ready to carry out the sen.
tence.
Argument Too Lnte
The judge sat listening to Jackson,.
speech. At the second or third lash tn,
prisoner yelled with pain, whereuno,
Judge Rogers turned and said. aHell
Jackson, you might as well quit vo,,,
speech; the boys have already licke,
| him"
Thus the question Of jurisdiction wa
| answered.
i TLere Mere no STEM or. ,al,nns. a.. -. -