Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1912-04-25

oh" manu-, anu the reservation Dy the
government on the other hand of a par.
tiai or limited right of guardianship
over such Indian, and the federal au-
thorities have not yet furnished any
light sufficiently clear fully penetrate
this zone, but we are not under the me-
eessity in this case of travelling in that
| latitude
Indian Statement Useless.
Referring to the admission of writ
ten statement by Jabeth in the lower
court which the decision .eharacterizes
as ''at least a partial admission that
Lott and Jabeth committed the larceny
charged" the supreme court has this
/ to say, in effect:
This statement purports to be de
tailed account of the movements of the
defendants from prior to the theft of
\ the animal up to the time of their ar
rest 1t appears, so far as We can
CLEAN from the record, to have been
made at the Indian Jail at Fort Lapwai
the day Jabeth was arrested. This.
however, is established more by infer
ence than by proof. This
statement or confession was admitted
on the ground that it contradicted ia
beth e evidence given on the witness
stand and that it tended to impeach
him. 1t was inadmissable for that or
any other purpose, under the circum-
stances. 1t could only have one effect
upon the jury and that was to prove
an admission of guilt. They would un-
doubtedly give more attention to this
document than to any other evidence in
the case. 1t was therefore important
to the jury to know the facts and cir
cumstances under which the statement
was made, and this evidence was Pc
euliarly under the control and within
the knowledge of the state.
State Must Be Fair.
The state must be fair. If such a
statement as this was to be introduced
for the purpose of impeachment or con-
tradiction, the condition and circum-
stances under which it was made should
first be shown, and that is especially
true where an ignorant Indian is being
tried.
1t is not even shown in this case
that the Indian ever in fact made the
statements contained in this writing.
The original has not been produced in
I ~
this court, but it is evident to us that
the Indian did not write the statement
and that it was written by some one
else. And yet the jury were not advis-
ed AS to the condition or circumstances
under which it was made nor as to the
condition of the Indian when the state
ment was made, if made at all, or if
any promises or inducements were Of
fered or any duress used. An Indian
must have fair trial under the forms
and rules of law the same as any one
else
Summing Up Of Court.
The syllabus, or synopsis of the de.
eision by the courts is in effect as fol
lows:
nder the provisions of section
or the act of congress of February !.
1887, known as the Dawes act, under
the completion of allotments made I'M.
der that act and the patenting of the
lands to the allottee by trust patents.
each and every member of the respec.
tive bands or tribes of Indians to whom
allotments are made shall have the
benefit of and be subject to the laws,
both civil and criminal, of the state or
territory in which they may reside and
the state courts accordingly have juris.
dletion to try an Indian for any public
offense, except the introduction of
liquor into the Indian country. where
such Indian has taken an allotment un.
der the provisions of the Dawes act.
Opens Under Dawes Act.
The zNePerce Indians took their
allotments under the Dawes act. the
Nez Perez reservation was coded IN
the United States government by
treaty and agreement on May l, 1898.
and the reservation was opened under
the Dawes act.
nder the provisions of this treaty
and agreement made between the gov.
and the Nez Perez Indian tr;ha
jurisdiction was reserved to the United
states to prosecute violations of the
federal statutes in relation to the in.
reduction of intoxicating liquors into
he Indian country.
Status of the Indians. ,
1.-The provisions of that certain act
II congress which reserves to the gov.
rnment exclusive jurisdiction to try ,
vi charges against Indians for crimes ,
ommited by them against the proner. +,
" Is