ifr'^^ii / o8th Congress, I SENATE. \ Document i^d Se«i>~ii/i i. j ' No. l-^><. /9j^ KNCOUNTER BETWEEN SIOUX INDIANS OK THE TINE HIIXJE A<;EN('Y, S. DAK., AND A SH KIM FFS POSSE OK WYOMIN<;. ^\])ondence in I'ey'ard to the trouhles in Wyominji' last fall l)etween a pai'ty of Indians and a sherilfs posse are respectfully 2 SIOUX INDIANS OF PINE RIDGE AGENCY, S. DAK. forwarded. 1 recommend that they be sent to the 8enate with the request that the same be published as a Congressional document. Very respectfullj', W. A. Jones, Com 11 lissioner. The Secretary of the Interior. [Telegram.] Cheyenne, Wyo., November 1. Commissioner Indian Affairs, Washington, D. C: Reliable information just received by Chatterton, governor of AVyoming, reports Indians had been illegally hunting on Lightning Creek, in Wyoming, 40 miles from Lusk, on Northwestern road. Sheriff Miller seriously shot through hip by Indians, and member of his posse, Falkenburg, killed. Three Indians killed. Indians reported by Putnam, county clerk Weston County, Wyo., to be Pine Kidge. News- 2)aper men here received information later saying Indians were Crows. Balance of party of Indians at large in Wyoming supposed to be headed eastward toward Craw- ford, Nebr. Suggest you reach them through agents or military channels and deliver them to proi:)er authorities. Kindly advise me whether you have earlier or fuller information concerning matter. Governor Chatterton, here in my office, desires earliest possible information and action. FRANt'is E. Warren. , [Telegram.] Cheyenne, Wyo., November 2, 1903. Hon. W. A. Jones, Comviimoner Indian Affairs, Wasliifiujton, D. C: Your message received. Runners late in from seat of trouble report 6 to 10 Indians killed, about same number wounded, and about same number taken prisoners. Among prisoners one styled Chief Eagle Feather. Understand another Indian in party yet at large goes by name of Smith; formerly Carlisle student. Sheriff first reported wounded has since died. Under sheriff and party still in pursuit of Indians, who have been reinforced. First fight occurred Friday or Saturday; another one yesterday. Looks squally, and I fear further trouble. Suggest that close watch be kept on Indians at agencies for fear of larger numbers at large and still more serious consequences. Indians said to be Sioux. Francis E. Warren. [Telegram.] Pine Ridge Agency, S. Dak., November e, 1903. Commissioner Indian Affairs, Washington, D. C: A few of our Indians traveling on permit through Wyoming reported in trouble with officers at Newcastle. Just received telegram sheriff and one citizen killed and three Indians killed. Am requested to go Newcastle at once to help straighten matter out. Should I go would expense of trip for self and interpreter be authorized? Brennan, Agent. [Telegram.] Pine Ridge Agency, S. Dak., November 2. Commissioner of Indian Affairs, Washington, D. C: Since telegraphing you this p. m. have received telegram from Newcastle, Wyo., that the sheriff and posse of citizens charged to arrest som of our Indians; fight ensued; sheriff and one citizen killed. Twenty Indians repo.:^^d killed. Urged to come at once. Leave for Newcastle to-night. Will advise you^bi the situation on my arrival. ^ •: .' : ^'Bhi.'^i^ Of, Agent. SIOUX INDIANS (»F I'INK KIDGK AUKNCY, S. DAK. 3 ITolcgnini.] Nkwcastm:, Wvu., Xmrinlirr J. COMMISSIOXKR UK IXPIAN Al-KAIHS, ]\'asll i iiljtuil, I). C: Report ])osed to be part of the ]>arty engaged in tight Saturday. Trii'd to have them released pending inve.'^tigatiou; ollieers insist on taking tiiem to Dougla.s, Wyo., for hearing; mob \ioK'nce threateni-d; the governor should be telegraphed at once that he will be held responsibli' for safety of Indians now under arrest. United States attorney should be ordered to Douglas to see justice is done the Indians under arrest. In my opinion the killing of the six Indians reported was totally unjustilied. Will beat agency in morning. Brennax, Agent. [Telegram.] Pine Ridoe Agexcy, S. Dak., Xoremlirr o. Co.MMissioxER OF IxDiAX Affaiks, Washington, I). C: Everything quiet on reservation. No excitement, nor is there likely to l)e any among our Indians. Hrexxax, Agent. I Telegram.] Wasminotox, Xoirnilier 5, 1903. Governor CnArncRTox, fhegenin', Wgo.: Have reports that sheriff and i)0.sse from Wyoming, on .'id instant, arrested nine Indians ami their faudlies near Edgemont, S. Dak., who are sup])osed to be of i)arty engaged in light on .'Saturday last, and that otHcers in.si.^ited in taking them to Doug- la.s, Wyo., for hearing; mob violence threatened. In view of public excitement and evident hostility of whites, resj)ectfully urge that you take all necessary means at your command to i)rotect lives and persons of Indians, as an act of simi)Ie justice to them. E. .\. llin McocK. Si'cntiirii. [Telegram. Pine RiixiE A(;i:x(Y, S. Dak., Xoimilirr >!. Commissioner of Indian Affairs, ]Va.. <'.: Am advised by United States attorney, Cheyenne, preliminary hearing of Indians under arrest set for iL'th instant at Douglas, Wyo. .\m asked "to send interpreter. Will send ollicial interpreter at De])artment expense. Everything <|uii't here; have seen nearly all chiefs and headmen; rx|)laineil matter to them; they are jK-rfectly satisfied with what we are doing to straighten tlu' matter out and to let law take its course. Hrkxxax, Aijent. 4 SIOUX INDIANS OF PINE RIDGE AGENCY, S. DAK. <%, ^^ Department of Justice, Washington, I). CL November 6, 1903. Sir: Your letter of yesterday, inclosing copies of communications from Agent Brennan of the Pine Ridge Agency, S. Dak., and the Commissioner of Indian Affairs, regarding the arrest of nine Indians and their families near Edgemont, S. Dak., by a sheriff's posse from Wyoming, and requesting that the^p^oper United States attorney be directed to protect the interests of the Indians under arrest, was duly received, and the United States attorney for Wyoming was yesterday instructed by telegraph to defend said Indians and to take steps to protect them from threatened mob violence. Respectfully, W. A. Day, Acting Attorney-General. The Secretary of the Interior. [Telegram.] Cheyenne, Wy.o., Noreinber 6. Attorney-General, WasJthigtoii, D. C: Can not some one from Pine Ridge Agencj^, or elsewhere, be detailed to ascertain facts in Indian matter? United States district court convenes here Monday; number of important cases. I will, however, in person attend the preliminary hearing at Douglas on Thursday next. Burke, United States Attorney. Note. — This is a copy of a telegram brought here informally by representative Department of Justice. He was informed that Agent Brennan and Special Agent McNichols would be ordered to attend the hearing. C. F. L. [Telegram.] Chamberlain, S. Dak., November?. Commissioner Indian Affairs, Wasldngton, D. C: Now en route Pine Ridge Agency. McNichols, Special Agent. Pine Ridge Agency, S. Dak., November 10, 1903. Sir: I have secured the story of the recent trouble in Wyoming from the Indians' standpoint. Among others 1 have the statement of Last Bear, an Indian 63 years old, who was shot through the body in the tight, but who e.scaped to the reservation and is likely to live; also a statement from his wife and a statement put forth by the Oglala council as the Indians' version of the affair. I have also seen two statements made Major Cheever, U. S. Army, from Indians who escaped to the reservation. These all indicate that the whiles were the aggressors and the Indians were largely blameless. I leave this afternoon for Newcastle, Wyo., the county seat from which the posse was organized, and the county of the deceased sheriff, where I expect to get a state- ment from some of the white participants. The hearing at Douglas, Wyo., which I am directed to attend by othce telegram of November 7, has been postponed until Saturday, November 14, at 9 a. m. I expect to reach there at noon on the 13th and have a talk with the 10 Indians there in jail before the hearing. I presume the hearing will be completed by 5 o'clock Saturday evening, so that I can get the train back to Crawford, Nebr., that night. So far as I can now foresee my work in this case will then ))e completed and my advice is that you will wire me a new assignment to Crawford, Nebr., on Saturday. Crawford is the junction of the Burlington and Northwestern (Elkhorn) and is the best point from which to proceed in any direction. For reasons formerly explained I desire to work in the Northwest as far as possible. Very respectfully, Chas. S. McNichols, Special Indian Agent. The Com.missioner of Indian Affairs, Washington, D. C SlorX INDIANS OF PINE RIDGE AGENCY, S. DAK. 5 P'verytliiiij.' (luiet on tlie rest'rvatioiiti. A^ent Breiimui a]>jieai> to liavt- acted with good judu, D. C: The nine Indians held here on charge of nnirder of sheriff and de|iuty in Wyo- ming were at'(iuitteil. Indian side of fight not heard. Will take Indians home on train to-niormw. Brexxax, Aiji'ut. [Tok'Kram.] Crawford, Nkbk., Xoremhei' 16, 190.3. Commissioner ok Indian Akkaius, WciKhington, D.C.: Leave for Rosebud Agency lirst train. Indians in jail at Dougla.s all released. McNiCHOLs, SijerUd .lyi'iit. CoMMirrEE ON Mii.iTAKv .\kfairs, House of Representatives, Washhigto7i, D. C, Xoveinher 15, 1903. Mv Dear Sir: I have the honor to transmit herewith copy of letter written by Prof. A. L. Putnam, county clerk of Weston County, Wyo., to the governor of our State, relative to the late Indian trouljles in that locality. 1 have known Professor Putnam for ten or twelve years. For a long time he was princijial of our schools. He is a man of the highest character, and noted as being conservative and careful in his statements. Thinking that tliis letter might interest you, I have taken the liberty of transmit- ting a copy herewith. Very respectfully, P. W. MONDKLI.. Hon. W. A. JONE.S, Co)n)iii-sKioner of Indian .[{fairs, Depnrtme)it of the Interior. Newca.stle, Wvo., Xormnher 10, 1903. Dear Gover.n'oh: Several times I had started to write you a full account of the trouble through which we have ])assed recently, but interruptions have prevented me from ^sist in the apprehension of any of them who mi were most responsible for the ditiiculty with the otticers, yet the sentiment here is that there are others of the party who should be punislied, as white men similarly placed should be punished. (This includes all but the closing of the letter, after it had been sulimittcd to the members of the posse. ) A. Iv. I'l T.\ A.M. Hon. Feximoke C'h.\tterton, Cheyenne, I !''/"• PiXE RuKiE Agexcv, S. I).\k., Xnrnnhcr 17, 190S. Sir: As telegrapheil you from Douglas. Wyo., on the Hth instant, the nine Indians from this re.«ervation arresteil and charged with the crime of murder were released. I reached home with them to-day. The prosecution spared no efforts to, if possible, have the Indians bound over to the grand jury. Ten witnesses for the prosecution, all members of the sheriff's posse who had the trouble with the Indians, were present and gave their testimony. We did not lc and were witnesses against the Indians. Naturally they felt j)retty sore. Not being able to leave Douglas with the Indians after the trial Saturday night, and under advice of I'nited States Attorney P.urke; 1 arranged with the sheriffto take care of them until Monday evening. ( Xo trains out on Simday. ) Total mnnber of Indians killed, so far as I am al)le to learn, was 4 — one olrl man, black Kettle, age exceed :!") jhtsous. men and women, young and old. in the party that had the troiililc with the sh<'riff. and in fact were 8 SIOUX INDIANS OF PINE KIDGE AGENCY, S. DAK. the only Indians in that section of the countr}^ These people were composed of two parties, one known as the Smith party and the other the Brown party. These two parties were mostly old people, were given permits to visit outside of the reser- vation in the Black Hills and vicinity for the purpose of gathering berries, roots, and hei'bs. They were not given a permit to hunt. The two parties met accidentally some few days before the trouble and had arranged to go together. Mr. Burke, United States attorney, has instructions from the Department of Justice to make a full investigation of the whole matter. He has now the sworn evidence of the whites, taken in shorthand at the trial. He promised me that he would come to the agency and take the testimony of all the Indians who were in the party when the sheriff met them. Would recommend that you urge the Attorney-General to insist on Mr. Burke taking the Indians' testimony. The Indians' side of the question should be heard. Without their testimony Mr. Burke would not be in a position to make a full report. Mr. Burke handled the case for the nine Indians in nice shape and did everthing possible for their defense. Mr. Burke is a resident of Wyoming and is placed in a rather delicate position. While I am satisfied he will be fair in the matter, he may not feel like sitting dow'n too hard on the course pursued by the sheriff and posse leading up to the trouble. The public has heard one side of the question, but has not heard the Indian side of it. Mr. Burke should by all means get the testimony of the Indians and send it in with the testimony of the sheriff's posse. Then the Department can form its own judgment in the matter. Mr. McNichols has, and is, making a thorough investigation of the whole matter. He visited Newcastle; was also j) resent at the trial of the nine Indians. I presume he has gathered all the facts and evidence necessary for a complete report of the occurrence from beginning to end. The stand I took for the Indians in the matter and the result of the trial have caused a bitter feeling against me among the majority of the sheriff's posse and some of their friends. They are very loud in their boasts of what Mondell will do. They tell about how he went to the Indian Office, kicked up a row, and read the "riot act" to the Commissioner; that he was going to have a Congressional investiga- tion of the matter; would have a law passed compelhng all Indians to remain within the limits of their reservations; also, would have the agent removed, and a lot of other "rot." The more this matter is investigated, in my judgment, the deeper Mr. Mondell's constituents will get their foot into it. I see no reason as yet to change my views in regard to this matter, as reported to you in my telegrams just after the trouble. Am of the opinion reports of Special Indian Agent McNichols and United States Attorney Burke will, in the main, bear me out in position taken, that the killing of the Indians was unjustifiable. Inclosed find two of quite a number of letters and messages received touching on this question. The sentiment expressed in these letters I find prevails generally all over this section of the country. Even among a very large elenient of the people in Wyoming in that section of the State where the trouble occurred. Very respectfully, J. R. Brennan, United States Indian Agent. The Commissioner of Indian Affairs, WasJdngton, D. C. Newcastle, Wyo., Noronher 4, 1903. To citizens and all concerned: This is to certify that this party of Indians, consisting of Two Face and wife. No Dress, wife, and daughter. Blue Horse Owner and wife, and John Black Wolf, are peaceable Indians and were in no way concerned in the trouble with the posse of Sheriff Miller on Lightning Creek. They are on their way to the reservation under orders from Indian Agent Brennan, and should not )je stopped or arrested, but should ))e allowed to proceed on their way unmolested. They carry no arms and no one should have any fear of their doing any harm. Frank B. Fawcett, Chairman Board of County Conimimo)iers. J. R. Brennan, United States Indian Agent. SIOUX INDIANS OK TINE KrOGE AGENCY, S. DAK. \f [Meniomiidum.] These Indians were mostly old people, some of them 70 years old. More than likely had not shot a jrnn off in twenty years. Wcri' arrested ahont the L'4th of Oetober, taken to Neweastie, pnt midi-r j,'iiard ami held without char^'es hein^' liK-d af^ainst them, or given a hearing in eourt, until my arrival at Neweastie on .N'ovemher 4, some fonrteen days. On learning the sitnation 1 di-manded their releasi', which was eonij)lied with. The statement given to these Indians, ami signed by the chairman of hoard of county connnissioners, speaks for it.«elf. The arrest ami detention of these jieople was uncalled for and unjust. J?KKN.\.\N. A'/eitt. The Indians who were mixed up in thetroul)le with sheriffs ami party in Wyoming all tell about the same story as told in statements of William IJrown, Ulack Feather, and hast Hear and wife. They will all testify under oath that they were liri'd into first by the whites and that they did not know it was the sheriff's party until they were so informed after the shouting. Bke.nnan, Aijcnt. Ani.EMAX, AVis., November 10, lHO.i. De.\r .'i{EN'NA\, fii'Udn A(jeiit, Pmr Jtiiltjc. Archer, Nkbk., Xnremher tJ, 190-i. Dear Sir: \ few ilays ago when I read an account of this trouble with the Indians I wondered if there was any man of influence that hail manhood and nerve enough to come out and demand an investigation, and to-day when 1 read the inclosed notice in the Lincoln Star I was very much ])leased to find that there was a man for the occasion, and although I may never havi- the pleasure of a personal aci|uaintance, the stand you have taken gives you a high standing in my estimation. It is a high standard of ci\ilization we are living under when a few of these pitia- ble ragged heathens are not ])ermitted to pass peaceably through the country with their sipiaws and papooses to visit with tlieir friends in other tribes without being shot down like coyotes by some sheriff's jto.sse; and to read of tlii' po.sses that were sent out from all the surrounding towns to do battle to this ragged little bainl of heathens, ami to hear that the troops har(liii^ed on tho.>ie rights. I wouM advise respect now, though late, for this State's rights. My information regarding killing differs from yours. A legal investigation, in my judgment, is to the interest of your Indians." In a telegram to the governor of South Dakota a.^king that the Indians be turned over to the sheriff of Converse County, (iovernor Chatterton says: "The United States Supreme Court in the Race Horse ca.se gives States the right to try and to punish Indians violating State laws. 1 ask that these Indians l)e treated as any white man charged with crime." Noanswer has, uji to this time, been received from the governor of South Dakota. Cr.\wford, Nebr., Xoremhev J'!, lno.J. Sik: Pursuant to instructions in land letter of NovemV)er 5, 1903, I have the honor to report that I have made a thorough investigation of the conflict between white citizens of Wyoming and a band of Sioux Indians from Pine Ridge Reservation, S. Dak. This conflict tfiok place on Lightning (.'reek, in Converse County, Wyo., on Hallowe'en, October:'.!, IW.S. The whites in tin- party were headed by Sheriff William Miller, of Ni-wca.^tle, Weston County, and seven of the men were from that place, something like 100 miles from the scene of the conflict. Six men were added to the party on the day of the conflict, four of whom lived in Converse County, and two strangers from Wcssing- ton, S. Dak., on their way to the Black Hills. The Indians comprising the party in the conflict were composed of two different parties from the Pine Ridge Reservation that had united a day or two previous. One of these parties was headed by an Indian named William Brown, who had left thi- reservation under a pass, dated Si'ptend)er ,'^0, llHto, with 15 Indians — men, women, and children. The other party was headed l)y Charles Smith, an educated mixed blood, alli'ged to be a graduate of Carlisle .School. His pa.ss was dated October 20, and was for 13 peoi)le, includintr men, women, and children. The united band was composed of 1(5 male ailult Indians, acconling to Imlian accounts and information obtained at the agency, although the whites allege that they numbered " from 22 to L'5 buck.«." They had with them i.'i wagons and several extra ponies. In search of information I visited the Pine Ridge .\gency, arriving Sunday, Xovend)er S, and leaving on the afternoon of the 10th. While there I secured statements from such of the Indians of the party as had escaped back to the reserva- tion. From there I went to Newcastle, Wyo., the jHiint from which the pos.se started, and interviewed such of the whiti' |)arti<-ipants as were willing to talk. I found the feeling here very bitter toward .\geiit Brennan ami the Federal authorities and heard much thri-ateiiing talk from a few hot-headed citizens. .V majority, ho\y- ever, were disposed to be fair, although very sore becan.se of the ileath of their sheriff, and, while regretting the affair, were disposed to uphold the action of their posse. 12 SIOUX INDIANS OF PINE RIDGE AGENCY, S. DAK. From Newcastle I went to Douglas, along with the white participants in the affair, to attend the hearing of the nine Indians of the party who had been arrested on charge of murder at Kdgemont, S. Dak., some four days after the affair and taken to Douglas and lodged in jail. I heard the evidence given in this hearing by the whites, which resulted in the release of all of the Indians there in custody. The evidence given in the hearing at Douglas was taken down l)y the stenographer of United States District Attorney Burke, and will, I presume, be available for your Office through the Dejiartment of Justice. While at Newcastle I also procured a copy of the Newcastle Times containing a version of the affair. This account, the editor assured me, was very carefully pre- jiared, with members of the posse present and approved by them. I submitted this newspaper account to leading citizens of Newcastle, including J. L. Baird, a hard- ware merchant and leading capitalist, who declared that it was a fair and truthful account. I also submitted it to former Sheriff John Owen, who led in the fight and assumed charge of the men after Sheriff Miller was shot, and he, too, declared it was a carefully prepared and entirely truthful account. In all details it represents the crystallized evidence given by the white participants at the hearing. It also reflects some of the public sentiment and the motives of the men, not so plainly brought out in the evidence at the hearing. I also submit a map or diagram of the ground of the encounter, from a sketch fur- nished me by ex-Sheriff Owen. A similar map prepared by the prosecuting attorney of Converse County, who visited the scene, along with members of the posse, was used in the hearing. Therefore the map and the positions of the parties are exclu- sively from white sources. Waving all contradic-tory statements from the Indian participants and accepting only the story of the whites, and a reasonable deduction therefrom, with the help of the' map, I can not see how the whites can escape the responsibility for precipitating the conflict that resulted in the death of four Indians, including a boy twelve years old, the wounding of two other Indians, one of which was a woman, and the death of two of their own number, including Sheriff Miller. I can not escape the conviction that this band of 13 whites, urged on l)y a local sentiment of race hatred, has stained a page in Wyoming's history that no amount of bluster will ever efface. The story of the white participants is that about October 20 reports were brought to Newcastle of the unlawful slaughter of antelope by bands of Indians. As the New- castle Times' official or approved account says: "Several of Newcastle men feeling very incensed over the actions of the Indians, decided to put a stop to it and hastily organized a posse of the following men: Sheriff Miller, B. F. Hilton, R. B. Hackney, Jack Moore, Fred Howell, Jim Davis, and D. O. Johnson. * * * "Early Friday morning, October 23, these men set out, their hopes buoyant and an expression of do or die written on their every countenance. Unanimously they chose Mr. Miller as their leader." The testimony of several members of the above posse was to the effect that some two or three days after leaving Newcastle they found a band of 12 Indians — 6 bucks and B squaws — which they placed under arrest, and sent them to Newcastle under a guard. The evidence did not cleai-ly establish whether this band was captured in Weston County or across the line in Converse County. Some days after the conflict Agent Brennan, of Pine Ridge, in investigating the trouble, found this band in jail at Newcastle, without any charge lodged against them. He demanded their release and finally secured it, with a safe conduct to the State line. The posse continued on their way for several days in search of Indians. Some of them testified that they found a trail some time after, which they followed by means of a broken wagon, a wheel of which was supported by a pole, which dragged the ground. However i)lain their trail may have been, the evidence is conclusive that the party lost it and were wandering around making inquiry for Indians. On the morning of the 30th of October the party picked up a cowboy named Frank Zerbes, who claimed that he could take them to a band of Indians in a few hours. At noon on Friday, October 30, the eighth day after leaving Newcastle, the party came upon the band of Indians, with which the conflict occurred on the evening of the day following. This was on the Dry Fork of the Cheyenne River in Converse County. The Indians had made their noon camp and several of the male Indians, on horsel)ack, were out from the cami), presumably hunting. The posse took dinner with the Indians or rather with Mrs. William Brown, wife of the leader of one of the two bands, lately united, which composed the Indian party. The whites allege that after dinner Sheriff Miller told the Indians that he had a warrant for their arrest and desired them to accompany them to Newcastle. Brown and his party expressed a willingness to go, at the same time alleging that they had f^IOUX INDIANS OF I'INK KllXJK AGKNCV, S. DAK. 18 killed no larj^e jraim". Sheriff MilliT told tluMU if that was the ra.«e they would souii be releai^ed. Members of the Sinitli party ret|nested, throu^rh Brown, that the siier- iff await the return of Smith, tlieir leadi-r. This was done. Uiudit lu're it will l»e proper to ex)»lain tliat of the entire jiarty of Indians only William I'.rown and wife and Charley Smith spoke and understood lMi<:lish. The whites waiteil alH>ut an hour, when Smith came in. They allftre that Siuitli had an antelope tied on his horse wiicn lie came in. The siieriff explained their liiission to Smith, and the whites alle;:e that Smith told them that he would not ;:o with them to Newcastle. He is allcired to have said: "1 tlo not live in Newcastle and liavi' no business there. 1 know your duticsaiul I know my own. I am neither a fool or crazy. I will not ^o to Ni-wcastk- and yon can't takt- mc" This is in sul)- stance what the .several mendiers ol the white po.sxe testify that Smith saiil. On the other hand, the Indians claim that Smith told them (the Indians) that they were not in the county reprt'sented by Newcastle oHicers, and had not beiMi in that county ( We-^ton), and that the sheriff had no ri^dit to taketlu'ni. In this coimection the important fact that Smith and his party did not leave the agency in South Dakota until October L'Oshould be kept in mind. The jio.^se ha0 miles farther on their way to the reservation from the place of meeting the pre- vious >•, 12 years of ajre; Uiack Kettle, o.S yeai-s old; Charley Smith, half breed, ."^7 years old, a returned stuiicnt; Clear or Koan Hear, 4:5 years old. The foliowiufj; Indians were wounde:5 years old, shot in the baek, l)all passinjr through and eoiidnerjr, wolf hunter, instantly killed by a ;eof nmrder. After luarin^r'the testimony of the whites eomposing the posse they were released. I found the public sentiment in Newcastle stronjriy incensed against the Indians and very much worked uj) over the death of their sheriff, who was a popular otiicial. Tln'V coiulemned Agt-nt Hrcunan in very strong terms for having wired tlicConi- nu.^sioner of Indian .\ffairs that he considered the Indians were largely blameless. 1 sought out some of the leading citizens of the place but found few of them willing to talk coolly of the affair. Some of the more conservative told me that Sheriff Mil- ler did not want to go out with the i)arty, but there was a strong ])res.sure brought to bear and he had to tlefend his reinitation of being a brave and fearless man. In Converse County, or rather in Douglas, where the hearing took place, public sentiment largely favored the Indians, and there was quite a demonstration when the justice announced that the prisoners were released. .Vcross the borders in Nebraska 1 found public sentiment almost entirely with the Indians. This was the case also with the traveling men on the trains and in the hotels throughout the region. I met some of them who were in Newcastle during the excitement and they were very outspoken. It is hardly competent to repeat some of the things they told me, as I have no wish to say anything that can not be proven. I regard Agent Brennan's conduct throughout as admirable. He went to New- castle in the midst of the excitement and secured the release of the jirisoners illegally hel(l there. I heard many threats against him, Init he went wherever his line of duty seemeil to call him. The whites of the posse, with whom I was obliged to travel and stop for three days, were all drinking heavily, Ijoth on the road and at and after the hearing. Conseqently I felt considerably relieves). The .second night 7 men came and told us they wanted us to po with them. Three of the men had stars on them. 1 di men and lo wagons in our party. We were looking for a camping place. There was a gate. A young woman, IS years old, was ahead, ami opened a gate so we could get to the creek. She rode back ami told us that there was some white mt'u at the creek who was going to shoot us. The white men caine on with their guns pointed at us. They did not say a word to us and we did not say a word. My little boy was on a horse. I told him to get off and get into the wagon with his mother and let me have the hoi-se. Just as I got on I was shot through the back, the ball loming out in front. I then turned around and went west. I hold uj) my hand to the (ireat Father and .'•ay that I did not .*ee any Indian shoot. Our guns were packed away in the wagons. I did not have anything to shoot with. We had no game except small game — ral)bits antl prairie chickens. We had .some mutton; had traded with sheep men several times, giving them lu^ad work, blankets,; etc. for mutton. In going out my wife traded a blanket at Hot Springs to a l)Utcher for the offal of a beef; that was all the cattle meat we had on the trip; that is, that my partv had. A short time before the trouble began Charlie Smith had rode off over the hill after rabbits. [In the excitement he does not remember when Charles Smith came back, or whether he got back before the shooting began.] Three days after we was coming down Hat Creek; there was a little town there. We went around the town, l)ut somebody fired three shots at us. Stdtoiuiit uf Last Bear'ti wife. After my husband got on the horse I started back. After we had gone aways they told me my man had been shot. I sang a death ,«ong and startesse thought the Indians had yielded, when, on starting out, great was the surprise of the wliite men — instead of following them the Indians turned in an exactly opposite direction. Every means, except hostile, were resorted to by the whites to head off the Indians and to reason with them, but to no avail. The Indians moved in such a formation the whites were surrounded. Even a few Indians got off their horses with guns in their hands. One of them got down on the ground and ]iawed it with his hands, throwing the dirt into the air like an angry bull. John Owens explained the next day that this was a sign whereby the Indian had bad blood in his heart and wanted to fight. The situation was taken in carefully and it was seen at a glance that it would be more than folly to attempt to make a stand with only seven men against such odds. An opportunity for escaping was seen and taken advantage of, and ere another Custer massacre could be repeated our men were galloping across the plains after reenforcements. They rode to the Fiddleback ranch, 20 miles from where they had met the Indians. Here they were joined by two cowboys, Stephen Franklin and Charles Harvey. A consultation was held here and the cowboys, who knew the country well — yea, even better than Sioux Indians — said they would come down Lightning Creek. The posse staid over night here, and on Saturday morning Jack Moore and Frank Zerbes were dispatched to watch the Indians and were to meet the posse at Jake Mills's ranch on Lightning Creek. On the way there the main posse picked up four more men — ^Lew Faulkenl)erg, at Oleson's; John Owens, the noted Indian fighter, was found on his ranch repairing some wire fence, and the last addi- tion to the party was a couple of men with ])ack horses. Their names were George Fountain and H. Coon. They were of Wessington, S. Dak., and were bound for the Black Hills. This made the number thirteen, as the two cowboys had also joined. The posse and reenforcements then started for the meeting i>lace and arrived there in the afternoon. As nobody was around and there l)eing })lenty to eat they took pos- session, and in a short time they were seated at the table allaying their hunger. It was along about 4 o'clock that Zerbes and Moore came riding in and announced the Indians were coming only a mile and a half behind them. The horses were got up, guns examined, and all other necessary arrangements were made in readiness for the ajiproaching conflict, and by this time the Indians were near the Mills ranch. The Miller posse rode down into the river l)ed where they could have better ])rotec- tion. The Indians came on. John Owens and Sheriff Miller climbed u}) the bank and once more they tried to make the red men halt and surrender, and while thus engaged an Indian about 40 yards distant raised his rifle to his arm and let fire. SlOrX INDIANS OF I'INE KIDUE AOENCY, S, DAK. 19 Tlif si'ciinil the t-cli(K's hu'l tiini away •'stuff was all nff" ami Ik-I'oiv they kiii-w it the iviiiaimlt-r 111 the ])i)sse lunl cliuilieil the hank aii^h(it throujrh the neck, nearly severinir hi.< head. The ti;.'lit ra^'ed on and in full view of the enemy were our men. There stood Sheriff .^liller witli a ^'rim countenance. Like a Custer he held his ^roiuid. What matter weretlie odds two to one in theenemy's favor; wliat matter were tlie hullets tlyiu'r all around. He knew the peril and risk. anelt and wrappeil it around them to stop the tiow of hi 1. Sunday niornin;: several men went down to the hattielield, and great was their surprise to liml four sipiaws who had come hack to l)ury their dead. They had a tire and close to it laid Smith and alive. The squaws rejjorted live Indians had been wounded. Four bucks were killed, and on the arrival of the coroner from Converse Comity were e.Kamineii and buried. Smith wa.s taken into the house and attention paid him. Sunday morning Jim Davis and R. B. Hackney .started for Newcastle with the two corpses, and arrived here that night at 1..S0 a. m. Smith's wish that he would not be moved until Monday morning was com|ilied with on account of his wife's illness. She had l)een shot in the left shouliler and was ahso very low with pneumonia. Sunday night came and Smith died at 8.20. The squaws were sent trings news that your sheriff was shot on Liglitning Creek last evening, while trying to arrest Indians. One man and three Indians killed." The telegram was sent from busk. The courier it has reference to was Stephen Franklin, who had left immediately after the l)attle for busk. From the time the message was received until the last occurrence men with grave faces, talking over the situation, could be seen in bunches on the .street conversing of the situation. Too late for the east-l)Ound passenger train, a special was made up here for the purpose of (Hinveying Mrs. Miller to Crawford on Sunday night. Doctor Horton accompanied her. Their plans were t(j take the Elkhorn train in the morning for Lusk, as a<"cording to the teU-gram there was still ho})e, ami it was thought that Mr. Miller was only woundeiscopal Church on Wediiesilay mornin<_'. To show due ii-spect the schools wereclosetl and a i>roclania- tion was issued by Mayarent that there was no charge against the eight men, and that there was no pos- sibility of a conviction in case the ninth was held for trial. Justice Daniels very wisely ordered their discharge, and they left on Monday in charge of the agent. Nine witnesses were examined, all of whom were in the sheriff's posse at the time of the battle. The fact was clearly established thflt the first shot was fired by an Indian named Black Kettle, who was himself killed at the first volley fired by the whites. It was also shown that the Indians resisted arrest on the previous daj', and while they were get- ting out of the country as fast as they could to avoid arrest, yet some of them were anticipating trouble and had made up their minds to tight rather than be taken to New- castle to answer to the charge of killing game unlawfully. It was shown that Sheriff Miller did everything possible to avoid bloodshed. One good result of this unfortunate occurrence will be the prevention of further killing of game by these wandering wards of the Government, Agent Brennan declaring that he will put a stop to the practice for all time, or so long as they are under his charge. United States Attorney Burke, of Cheyenne, appeared in behalf of the Government. Col. J. R. Brennan, agent at Pine Ridge; Reverend Cleveland, an Episcopal min- ister, who has been stationed there for years; an interpreter from the agency, and Special Agent Nichols, of the Interior Department at Washington, were present dur- ing the hearing. County Attorney Mecum conducted the prosecution. War Department, Washington, Noveniher 16, 1903. Sir: In connection with Department letter on the subject, of the 7th instant, I have the honor to inclose herewith, for your information, copy of a letter just received from Maj. B. H. Cheever, Sixth U. S. Cavalry, inclosing a statement of William Brown, an Indian, in the matter of the recent encounter between Indians and a sher- iff's posse, Newcastle, Wyo., together with a list of Indians supposed to have par- ticipated in the fight that ensued. Very respectfully, Robert Shaw Oliver, Assistant Secretary of War. The Secretary of thS Interior. Statement of William Broum, member of band of Indians engaged in fight vith sheriffs posse in Wyoming, made to Maj. B. A. Cheever, Sixth Cavalry. November 6, 1903. Was given pass by agent September 30 to go off reservation to gather herbs and roots, and took advantage of same October 6. Only three in my party. Was on the way home from Wyoming when I met Charlie Smith and his party, about ten days ago. All were coming home together, and met on Little Thunder Creek. Killed prairie SIOUX INDIANS OK IMNK RIDGE AGENCY, S. DAK. 21 dogs, chickens, and rabbits. Did not kill any large game. Traded inoccasiiis off with sheep men for sheep, (iot deer meat also from sheej) men. Did not have any beef. Whit*' jteopU' came into camp, l)iit 1 was away, day Itefore the hL'lit ( last Fri- day, week ago). When I got l)aek 1 found my i)eople getting ready to pull out, and asked one of the whites, and lie saitl he would he hack in the morning and arrest us. Dill not serve any warrant or serve any paper. Did not hear of sheriff asking for our arms. I was told that a sheriff was in our camji to arrest us all, and said " We want vou to go to town with us. We ( whites ) did not see you kill any ileer, hut yon must go to town with us." I wanted to surrender, hut the Indians were breaking camp and tretting reaily to pull out. Finallv. whites said they would go away and come hack in the morning. Indians then ])ul"leil out for reservation. Charlie "Suiitli and his party refused to surrender to the sheriff, and wotil^ervation. Left camp after sumlown for reservation. Went 4 or 5 miles that evening, and went into camp again. Sheriff's party ate su]>i)er with Indians in our •amj). I was away, hut my wife told me so. ( Whites toM Agent Brennan this also.) Broke camp on Saturday morning soon after sunup. Had marched to Warren Creek, al)Out 15 miles. We stojipeil then at noon. Stoi)ped about one hour, anear came back with me; is here wounded. lilack Feather and Chief Fagle and their wives also came with me. Are on tiie reservation now. Chief Kagle has gone l)ack with one of the agency otlicials to get families, wagons, etc. XoVEMBKK 7, l9t1.S. Black Feather's statement exactly the same as above. He was with William Ihown's party. B. II. Cheevkk, Major Sixth Covnlnj. List of hidinuK foippoxeii lo lutve hfP)} iu fight inth sheriff and poi^ne, from Xoirastle, ll'i/M., at JAijhtning Creek, ahont ;l'> mileK north of Lvnk: Charles Snnth, killed, and wife, wounded; Black Kettle and wife, killed: Clear or Gray Bear and wife, killed; Peter White Elk, kille. m., having traveled some 45 miles on the 31st, or, in all, some 70 miles in the direction of the reservation from the time they had met the sheriff's party on the previous evening. At 4 o'clock on the 31st they were traveling down what is known as Lightning Creek, in Converse County, and about 25 or 30 miles north and east of Lusk, Wyo. The two parties of Indians were together. They had 15 wagons, their wives and children witli them, and were moving along the road down Lightning Creek, wagons strung out abouta half a mile. They had a Ininch of ponies, driven by an 11-year-old boy, in frunt of the wagons. They came to a wire fence in the road, and an Indian girl opened the gate in the wire fence to let the wagons through. Two or three wagons and the loose ponies had passed through the gate. Here the Indians dis- covered a ])arty of armed men, 13 in number. Here is where the trouble occurred. The story of just what happened at this time, how the fight started, who tired the first shot, the killing of the sheriff, his deputy and four Indians, as told by the sheriff's posse and the Indians is altogether different. The sheriff's party say that they were just outside the wire fence and near the road the Indians were traveling on, that when the Indians were within a hundred yards of them they saw that the Indians had discovered them and l)egan to get out of their wagons and prejiare to tight. The sheriff and party then left their position, went down into a dry creek bottom shel- tered by a l»ank 6 feet high and to a point 50 yards from the front wagons. They Siorx INDIANS OF I'lNK KIDdK .\(;KN»'Y. S. OAK. 23 then say tliat the sheriff and party stejijuMl upon tlie hank of the creek and on a level with thi- Indians and told the Indians tr> halt ami snrren a woman. Smith's wife. Tlii-y say the sheiiff was shot in the thii^h in front, pretty well up, and that the hall came out in hack part of the hij), jiretty hi'rh, ahont tlie hij) pock«'t. This is very improhahle, as the Indians were on hi<:her j.Mdnnd than were the sheriff and his men. If he was shot in the front part of the tiii^di, the hall would not come out hi<;h nj) on hip hehind. Now, the Indians' story of tlie troiil)ic, from the time they discovered the armed party, is diffen'Ut. 1 have questioned nearly all of them very closely on this matter and they all, practically, ^dve the same version of the affair. They say tlu-y were traveling' aloii'.' the mad down Li:uns) put away under tlu'ir hediliu'r anrirl opened the gate, and two or three wagons jia.>-sed through. A hoy was driving jionies in front. The hoy disc-overed the armed party, turned his pony around, ran hack to the wagons and shoutearty to indicate that it was the sheriff and his i)arty or that they had a warrant for their arrest. When a thorough investigation is held, I am of the oi)inioii it will he shown that the Indians were not to l)lame for the tronl)leon Light- ning Creek. The only mistake made by the Indians was that they did not go with the sheriff the first day, when he went to their cam)). But they i-laim that the matter was not explained to them by either Smith or Brown, who could talk some Knglish, and who talked with the sheriff, (tutsideof Smith ami Brown and wife, none of tile other Imlians could talk or understand Knglish. They all say that if they had understood the matter and just what the sheriff wanted tlu-y would have gone with him to Newca.«tle, some (iO miles away and out of their roail. The nine Indians arrested .several days after the light and charged with the umrder of Sheriff .Miller and deputy were trieartment and to the L'over- nor of Wyoming. I ilemanded the release of the nine men arrested on tln' groinid that they were innocent. Tin- governor refused \i> order their release, slating in re|»ly to my telegram that his information (received at Cheyenne) was different and better than mine (n'ceivesent from this airency for a |)eriod of lifteen days, for the purpose of visitin^i the Blaek Hills and vicinity. Ohject of visit: (iatlierini: herhs, roots, and l)erries. J. K. Bkennan, Unitefl Stnti's Judian A(jeut. Those marked K were killed on Liirhtninir Creek, Wyominir. October HI, 19t):i; W, wounded. wite. John R. Brex.nax, Ziiited States Indian Agent. [From the Chiirtron Times.] TMK I'Al.EKACE OUTBREAK IX WYOMINCJ. The trouble with the Indians in Wyominfi is over, and the net result in l)lf)odshed is 2 wl)ite men and 4 reil men killed and a l)uck and a squaw wounded. On the ;^Oth of October two small parties of Indians belonj^in^ to the Pine Kidge Reservation and l)earing passes from Major Brennan, Indian agent, returning from an expcilition into Wyoming, as a result of ordinary good fortune came togetlier on Little Thunder Creek and formed a single jiarty and were (|uietly and peaceat)ly pursuing their homeward journey when Sheriff Miller with a small po.s'^e from New- castle intercepted them for tlie i)uriiose of luaking a wholesale arrest and marching the whole l>ody to the Wyoming town. Thetwooriirinal Viands were headetl, respectively, by William Brown, who had three with him, and Charlie Snnth, who liad a mucli larger nundier; and when uniteil the travelers and their train consisted of sixteen men, some women and children, and lifteen wagons. These peoi)le had been al)road to gather roots ami herbs, and the Indians say that tiiey had killed rab})its, >^age hens, and jirairie dogs, but no large ganu'. and nioreover state that tlu-y had traded with the wliiteswho came into their camps, giving moccasins and beaiack Hills and vicinity for the purpose of gathering berries, roots, herbs, etc. There were, all told, only about thirty-five Indians, 1)y far the greater part of them being olstin<; Smith as the man l>est al>le to speak ami mulersfaml Kii^'lisli. told jiim that he had a warrant for the arrest of the Indians for tiie violation of the irame laws of \\'yomin<.', and that tln'V must >:o with him to Newcastle. Smith denied that either he or any of his jiarty had violated any law, and refnsed topi, i'.rown, while liki-wise dis- elaiminjr any infraction of law, said lie was willinj; to jro if Smith would. Smith, however, remaineil tirm in his refusal. The mutter was discussed in a (|uiet and friendly way, and the sheriff's i)arty remaine New- castle hrani'hed off, and at tliis point made another effort to induce tlu- Indians to yo with them. The t-ffort was fruitless, tlu- Indians without furtln-r jiarley continuinj^ on their way. The sheriff's party then took the road to Newcastle. The Indians drove some '2n miles and went into canij) for the nijrlit. Startin-r early next morning they had p)ne .«t)me 45 miles and were travel in() yards and took up a position in the hed of the creek, which is dry, and where they were sheltered hy a hankaliout .t or ti feet hi>:h. As the Indians came (ui the party step])ed upf the jiosse assert that he haoint aceonnts differ. .\t any rate, Miller served him with a warrant, whicli Smith resented. dfelarin<: that he knew tlie sheriff's ri^dits and his own; that his hand had not been in Weston ("onnty at all, and ln'iice had not killed any <;ame there, and that the slieriff of Weston County had no authority to serve a warrant in Converse County. After some words the sheriff trit'd to ^'et the Indians to p> with him. A line was formed for tin- trail, the Indians iroinjr ahead. Miller believed that the whole lot would submit and <:o aloiij.' now; and when they took a start in the wronjr direction he rode ahead and urjri'd tlie leaclers to face toward .New- ca.'itle. Smith, however, rode ahead also and tolil them not to obey the sheriff; so they continued in the direction in which they had starte»e. I told him to get off and get into the wagon with his mother, and let me have the horse. .lust as I got on I was shot through the back, the ball coming out in front. I then turned around and went west. I hold up my hand to the (ireat Father and .>-ay 1 did not see any Indian shoot. ( )ur iruns were packed away in the wagons. I did not have anything to shoot with. We had no game except small game, rabbits and jirairie chickens." The Ogalala council of Pine Ridge Indians made an investigation of the affair on its own account, and in its report occur these pa.«sages: 30 SIOUX INDIANS OF PINE RIDGE AGENCY, S. DAK. "The Indians did not fire till they were shot at and wounded; then they com- menced to shoot. It seems that there were 17 men among the Indians, and if they had chosen to fight they could have killed the sheriff and his whole party; but it goes to prove that they didn't want trouble. * * * "We, the Indians, according to the treaties of 1868 and 1876, are willing for the courts to settle this matter, and hope the Indians will get a just trial. In the above treaties the Government provides that if any white man kills an Indian, he should be tried and punished, if found guilty, and we think this a good case for the Gov- ernment to prosecute. * * * It is specified in the treaties that the Indians would have the right to hunt in any of the ceded country as long as there was game in said country. The Government must have known, when making said treaties, that the ceded country would be organized into states, etc., and it was the Gose of gathering herl^s, roots, and l^erries. It was understood when I issued the permit to Brown that he would leave the reservation about October 15, as soon as the party was at liberty to go. This party was com- posed of mostly old people. Again, on October 20, 1903, 1 granted a permit to Charley Smith and a small party to visit outside of the reservation, in the Black Hills and vicinity, for the purpose of gathering herbs, roots, and berries. il. Have you copies of those permits? If so, produce them. (Witness here produces copies of ]>ermits, which are so identified and are attached hereto, denominated, respectively, Exhibits No. 1 and No. 2. ) SlorX INDIANS OF PINK KIDtJK A(iKN(V. >. DAK. 81 Q. Yon may statu wlietliiT or nut tin- iiiili\ iiluals wlio wvn- iK-riiiitted t<> li*avf tlu' re.i'rinit.s. — A. Yi-s; tlii'V are currect. Q. You may statu, if you kiinw, if these peoide named in these permit.^ all went or not. — X. I loulil not say as to that. 1 know from information jjathereeriiiission'.' — .\. I don't know that anyone went except those who had passes. (i. Wliat is the fai-t as to wliether or not it has been customary to leave the reser- vation on similar permits, for the purposes named in the jjermits No. 1 and No. 2? — A. It ha'^ always heen customary, as lou'r as 1 have ht'en here. to<;rant permits alxjut that time of year to visit other reservations and to visit outside ot their own reserva- tion for the purpose of visitiui: their friends and for the purpo.^^es named in tlio.se j)ermits. Q. State fully what, if any, knowle^ throuirh Wyoming and Montana not to liunt while on their tri|>, and if they wanterown to whom you yrranted a permit? — A. The same statement would ai)ply to Brown. il. What was true as to the.arty were between the ages of 65 and SO years. l^ What then, if anything, did you do in resj)ect to the Brown and Smith i)ar- ties'.' — A. I made an invi-stigation, so far as I could with the limited time at mv dis- 32 SIOUX INDIANS OF PINE RIDGE AGENCY, S. DAK. posal, a full report of which has been submitted to the Indian Department. When at Newcastle, on the evening of the 4th, I was informed that a party of 9 Indians, supposed to be a part of the Smith and Brown parties engaged with the sheriff, were arrested in Edgemont, S. Dak. I immediately took train for Edgemont. Inter- viewed these 9 Indians under arrest, became satisfied that they were innocent of the charge of murder, and demanded of the governor of Wyoming their release, which demand was refused. These 9 Indians were afterwards turned over to the sheriff of Converse County, charged with the murder of Sheriff Miller, and taken to Douglas, Wyo. I was present at their preliminary hearing, which resulted in their being dis- charged, and my returning them to their homes on the reservation. Q. Mr. Brennan, had you been informed of any of your Indians violating the laws of the State of Wyoming? If so, what would have been your duty, and what would have been your course? — A. My duty would have been to at once take notice of the notification and immediately taken steps for the return of the Indians to the reserva- tion, which I would have undoubtedly done, by sending two or three police to bring them home. Q. Did you receive any other notification other than those telegrams already referred to by you and embraced in your testimony? — A. No, sir. Q. If there is any other matter you desire to state in connection with this matter, you may do so here. — A. In connection wath the release of those parties I found in New Castle under arrest, and for the purpose of showing that the Indians, to a cer- tain extent, were persecuted — on the release of these people the chairman of the board of county commissioners of Weston County signed and handed me a state- ment to the effect that these Indians had not violated any of the laws of the State; that there were no charges against them, and that they were peaceable, and in that statement they requested the people of Wyoming to treat them kindly on their way home. This written statement I have already suV>mitted to my Department. John R. Brennan, United States Indian Agent. Subscribed and sworn to before me this 28th day of November, 1903. [seal.] F. E. McIntyre, Nofari/ Public, Shannon Counlij, S. Dak. (My term expires November 8, 1905.) Statement of He Crow. Pine Ridge Ac;ency, S. Dak., Nocemher 30, 1903. He Crow, being first duly sworn, desposes and says: (Questions by Timothy F. Burke, United States attorney for the district of AVyoming. ) Q. State your name. — A. He Crow. Q. How old are you? — A. Sixty-six. Q. You are an Oglala Sioux? — A. Yes. Q. Living on Pine Ridge Reservation? — A. Yes. Q. Did you go to Wyoming in October? — A. Yes. Q. Whose party did'you go with? — A. With William Brown's party. Q. Did your wife go with you? — A. Yes. Q. Any children? — A. No. Q. How did you go; in your own wagon or with someone else? — A. I went in my own wagon. Q. What did you go for? — A. That fellow said he had a pass. He wanted me to go with him to get some medicine — herbs, roots, and berries. Q. What did you want the herbs for? — A. You take the Indians, they have cer- tain kinds of I'cjots that we have to go away to get. We take those roots and make tea out of them and drink it for some sicknesses. Q. Are you in the habit of going every year? — A. No. Q. Not every year? — A. No; this is my first trip. Q. Are some of the Indians in the habit of going every year? — A. Yes; they go up there every year after those herbs. il. Did you take your gun with you? — A. Yes. Q. Why? — A. I took my shotgun. In case we ran across any prairie dogs or prairie chickens I would take a shot at them. SI(»rX INDIAN'S OK {'INK KIIXJE AiiKNCV. >-. I>AK. 88 <2. S.imeof them took their rilli-s. cli.l tht-v not? — A. They may liave lia«l irims, liut 1 don't know. 1 know I inul om-. <^ I)ion;rht from tiie cattle and sheep men. (i. How many antelope ami deer hides did youeet? — .V. Of conrse I don't say how many hides they did bny from the white people, Imt tlu-y did hny some. I won't state any mimher. (.2- Von knew of the Indians shootin^jr deer and antelojie, diil you not? — A. I know of some Indians shootin'r some deer aliout two years ajro. C2. l)iil us for and he didn't show any iiapers of any kind. (2- ^^'hat did William ar. I was the hfth man from the rear. They were all s'trung out for (piite a distance from where wi- wi-re. (2- Do you know who did the lirst shooting'.' — .\. Do you mean Indian? <2- Yes. — A. I didn't know who did the shooting, but I saw a girl go up to a gate anil then she came back, and when she came hack the shooting took place. She claimed that the gate was already oi)en, but I don't know myself, it is just what the l»eople told me. '2- Did you do any shooting'.' — A. .No. i]. Where did the lirst shot come from, the Indians or the white men?— A. The white men. O- Did you see it? — .\. I know that the whiti- men were all coming up and were shooting, so I just went back as fast as my horse could take me. <2. How far were you from the white men".' — .\. Close to three-uuarlers of a mile back of the tiring line. <2- Then yon could not j^et- who tired the lirst shot'.'— .\. 1 could fei-l the bulletH S. Doc. 1l>> ;^ J-i4 SIOUX INDIANS OF PINE RIDGK AGENCY, S. DAK. coming by. I can hold up my hand U> the (ireat Spirit and say tliat all the bullets came from the white men. Q. Do you know that it is against the law for an outsider, whether he is an Indian or a white man, to shoot game in Wyoming without a license? — A. I don't know that. Q. It is against the law for anyone living outside of the State to shoot any game, such as antelope, deer, elk, and animals of that kind, and birds, such as prairie chickens or other l)irds of that kind, unless he has a license from a justice of the peace. Will you bear that in mind and tell your friends, so they will not get into trouble again when thev go through ^^'voming? — A. Yes. Q. That is all. He C'kow (his x mark). Witnesses: A. M. Landman. F. C. Goings. Subscribed and sworn to before me this oOth day of November, U)0o. [seal.] F. p]. ^McIntvre, .\i)l(ii-i/ I'lih/lr, Sliaiiiinn Coitntii, S. Ihil:. (My term expires November S, 19().i. ) Stuteiiiciii of In/ii Sliic/d. Ikon Shield, l)eing first duly sworn, dej>oses and says: (Questions by Timothy F. Burke, United States attorney for the district of Wyoming. ) Q. State your name. — A. Iron Shield. Q. How old are you? — A. Fifty-one years old. Q. You are an Oglala Sioux? — A. Yes. Q. Living on Pine Ridge Agency? — A. Yes. Q. Did you go to Wyoming last month? — A. Yes. Q. What for? — A. I am an Indian doctor, and I went uji to gt't some roots and herbs for my patients down here. II. Who dill you go with? — A. Tliere was (piite a few of us. Q. Who was the head of the party? — A. William lirown. Q. Did vou meet any other ])arty in Wvoming? — \. Yes; we met anotluT i)artv. (I Whose party?— A. Charlie Smith's. ' Q. Did you do any hunting there? — A. We took some shots at prairie dogs, prairie chickens, and rabbits. Q. How many elk did you shoot, and antelojie? — A. We didn't shoot any. Q. Did any of the party shoot any antelope? — A. No; I don't know of any. Q. Did you have any antelojie hides or meat? — A. Yes; we bought that from the men up there. tl. Hon much did you buy? — A. Take it up there, the country is pretty well settled, and I don't know how many they kille I .liiln't sec aiivlMnlv .1.. il. I van't tell. <^ Is it any siy:ii aiiiniii: tin- Imliaiis'.' — A. .\<.t as I kiiuw i>f. I i!' liis men tlic m-xt ilay? — .\. IW-furc tiicy cuni- inen(v(> von mean in the Indian tiaii)? Q. Yt'S. — A. I \\:i.-i about in tlu- iniddK- of tlu' train. (]. Who tiretl the first shot? — A. The white men were the ones that did tiicshoot- int'. Tht' Indians didn't do any shootinjx at all. <^ They slmt aftei- the white men shot, diil they not".' — .\. The ininuti- tlie firin;: started 1 pulled niv team aronnd ami started up the roail. 1 didn't see anv Indians >hoot. (I. l>id yon see where lllark Kettle was'.' — A. 1 was way in front of the train. (}. How did you know that tiie white men started the shootinir? — A. The wliite men came down into the ereek liottom, and then there was one shot lirecl; then the tiring l)eraine general. stop? — .\. 1 didn't .see that. <2. How many hides did you ha\e in tiie entire jiarty tliat you i:ot in Wyomiuj;'.' — -\. I expert they had two or three all the way round. Alxmt that. • ^ Where were you jroinjr when you met^Ir. .Miller and his jnirty tlie lirst day? — .\. We were on our way home. <^. Did you pet your hor.ses'.' — A. Yee. *}. How far .' about miles. ^^ How lontr diil you travel l)etween those two times? Did you travel all ni<;ht'.' — .\. We traveled from the time the white men came to our camp the uijfht before. \\'i' didn't travel all ni>rht. The time we first saw those white men we made a short eamp and then traveled the next day. We were ju.y I'INK KlIXiK AiJKNCV. S. DAK. .U tSiuteiuctit iif liifj Pail, I. Kei) Paint, l»einjr Hrst duly suoiii, deposes and says: ( (^lU'stioiis hy Timothy F. I5uiki\ Tniti'd Stat«'H attorney for tlio ilistrict i>l Wyo- iiiiii: 1 have a wife and tliree children, but I left them at home. 1^. Did you jro in your wa^on or with some one else? — .\. Went in my own wa^ron. '^ What did \i}\\ \n\ to Wyominji tor? — A. William j;ot a pass and lu- wanted me to •_'(! to Wyoming with him to <.'et some roots. <^ Did yon do any hmitinjr forantelo]K' while up there? — .\. I have been up iti the country l>efore and I have seen tho.se parties up there jro out and >ret there to <:et some antelope or deer? — A. As for myself. I killtMl some |)rairie dogs and some prairie chiikens. <^ How many antelope? — A. Some of tho.«e white men used to i)ack ileer to us whole an. How many anti'lope did the Indians shoot? — \. We diiln't take any notice of them. <^ Didn't yon shoot more than one? — A. 1 told you I diou<.dit mine. You are my friend, and I would have told you if I killed any. • 2. How many did yoii buy? — \. Two. P>nt 1 coul(i/:., (My term expires November 8, 1905.) Sta(i'i)ie))t of Da rid Ih-oken Noi^e. D.AViD Broken Nose, being tirst iluly sworn, deposes and says: (Questions by Timothy F. Burke, United States attorney for the district of Wyoming. ) Q. What is your name and age? — A. David Broken Xose; 82 years old. Q. You are an Oglala Sioux, living on Pine Ridge Reservation?— A. Yes. (I. Did you go to Wyominglast month with William Brown and his party? — A. Yes. (I. What did you go for? — A. William got a pass and asked me if I wanted to gO' with him. I said all right, I would go with him. Q. What was he going for?— A. He asked me to go up with him to get some roots and herbs, and we could get some prairie dogs and chickens and sheep meat. When I went back Fast with the show I saw tlie white people. I wanted to live like the white men, so I came ))ack and joined the i)oHce force. I was on the force for four years. I want to abide by the laws of the white men. That is why I try to dress like a white man and keep my hair short. I always try to follow the white man's advice. I have always tried to al)ide by the agt^nt's instructions, and I have chil- dren scattered around at the schools. But I met some white j)eople aliove here who were not my friends. It is just the same as if they slai)ped me in tlie face, the way they treated me uj) there. Q. The autliorities in Washington want to know just what occurred in Wyoming and just what they did to you while there. Were you present when Sheriff Miller and some men came to your camji, the day before the shooting took place? — .\. Yes. Q. What did Sheriff Miller and his men want? Did you find out? — A. I didn't understand. I can tell everything just how the thing took place. I have had it in my mind all the time. You have come hear to hear it and I will tell you just how it hajjpened. There were seven men there. They didn't have any guns. They scattered themselves among the camps. They had their meal at William Brown's- l)lace, and they were iilaying with the boys. The boys had some l)ows and arrows,, and the men were helping the boys shoot the bows and arrows and i)laying with them. 1 was cam})ed quite a ways from Cliarhe Smith and I saw all those men standing around the fire. So 1 made up my mind to go over and find out what they Slnrx INDIANS dl" I'INK KllXiK AiJKNCV. >. I>AK. .")^> were talking al)<>iit. .lust as I irot tn wlu-n' tlu-y were tlicy tmik dnwn the leiit ami started til move. So I went back t<> caiiiii ami pnlle'l a]>er? — A. No. i iack. Ciiariie was ont to lind liors»'s. The men waited nntil C'liarlie came l)ack. i^. Hid Charlie iiavc antelope on his saddle? — .V. I can not say, liecanse he wa.s ont of my siiriit. i was camjieil ahont iiaif a mile from his camp. <2. How many anteloiH' did tiie Indians shoot wiiiie in Wyoming? — .\. i don't know. • ^ hid tiiey siioot any'.' — A. I ilon't know an\tliinir ahont that. 'I'licy kill.-il -ouie jiiairie do>rs and prairie chickens, ami 1 did tlie same tliiiii.'. <2. Did von hnv any meat or liide.s".' — A. I diec tiiem l»rint tiiose seven men. <^. ^Vere you present when the siiooting took ])lace the next day? — \. Yes. <2. Wiio did the first siiooting, tlie Indians or the white men'.' — \. I have lieeii anxious to tell you about tiiat. (^ Tell ail you know and just how it occurred. — .\. We wi-re coming along tiie mad. It was pretty rough there and tiie men were ail driving and the women wi'ie walking. .Vliont noun we made cam]i and had dinner. We started after noon ami foiiowed tile little creek. Tiie road was pretty l)ad in some places ami we iiad a pretty iiard time getting along. .\t last tliere was one j>iace that was .«(> bad we had to double up to get the wagons out. Wv got out of tiiat linally, and when we looked aheail we saw tho.se in the lead going at a pretty good trot. There was a bunch of horses in the lead. The Indians were going down to the cro.ssing when I saw those wiiite men come up on iiorseiiack. Before tiie Indians <'ouiil get to the creek the white men got tliere (irst, ami they came up on tliis side and left tlieir horses on the other side of the creek, and just the minute I looked again I .saw them fhmw nji tlieir L'lins to lire. I saw them fire, and tiieii I tnrnol my iiorses liack and lit ont as fast as 1 could vri>. il. Wliere were yon in the procession".' — \. I was about in tlie center. .\11 tlie other wagons in front were jiretty well in tlie lead. The reason we were not closer was be<"inse some of our wais;ons got stuck. One of the young men iioliered: "Turn round! Turn round! Tho.st- men are going to shoot." <^ Who fired tiie first siiot'.'— A. Tiie white men dgemont, and from there they took us to Douglas. My wife gave birth to a child three or four days before the shooting took place, and she was comijcllcd to ride horseback all the way, after the shooting. It was very bad for her. 1 don't believe the child is going to live and my wife is not very much better. The child was handled very roughl\- on account of being on horseback. That was very bad for the child. D.wiD Bkoke.v Nose (his x mark). Witnesses: A. M. L.VXD.MAX, F. C. Goix(is. Subscribed and sworn to before me this 80tli day of Noveml)er, 190.'-{. [seal.] F. E. McIntvre, Xottiii/ Pithlic, SJt(ni]io}t Cuvnti/, S. Dal:. (My term expires November S, 1905.) Stdteiiu'iit of Fool Heart. Fool Heart, ])eing first duly sworn, deposes and says: (Questions l)y Timothy F. Burke, United States attorney for the district of Wyoming. ) Q. What is your name and age? — A. My name is Fool Heart. I am oS years old. (J. Are you" an Oglala Sioux, living on the Pine Ridge Reserve? — Yes; I am an Oglala Sioux. Q. Did you go to Wyoming in October with William Brown's i)arty? — A. Yes. Q. What did you go therefor? — A. As for myself, I was just going to kill some ])rairie dogs and jirairie chickens. I had a shotgun. Q. Did you have a rifle? — A. Yes; I had a big rifle. Q. Did the other Indians have rifles? — A. Yes; they all had guns. Q. You went down there to hunt antelope? — A. Yes; I went down to get some deer. Q. Did you shoot au}- deer? — A. I killed two. Q. Did the other Inilians kill any deer or antploi)e? — \. No; there was no lilack tail or elk; at least I didn't see any. Q. Were there any antelope? — A. No. Q. Did you buy any antelope or deer? — A. Yes. il. How' many "did "the Indians buy? — A. I could not say. C2. Did you buy any?— A. I bought three. I had Ave in all. aint out of. Slorx INDIANS OK l'i:.-K KIIXiE AJSKNCV, S. DAK. 41 «2- J'" yo'i kiinw it is a^'ainst tin- law of Wvtmiiiij; for an outsider to shoot dfiT or ;inteloi)f w itliout a liceiist'? — A. I didn't kill any ers or read any papers to Brown or .^nuth".' — .\. 1 was • luite a little ways from tho.^e i)eople who were talkin<; to Smith and Brown. 1 ilidn'l l:o up there myself, heeause I was tireur wa^on there and conu' hoine on horseiiark? -.\. 1 left my team. 1 had a horse ami a mule. The nude played out. 1 left the team tlieie. put my wife on another horse, and started home afoot. <2- I>id you iret your wa^'on and hides afterwanl.<' — A. .No. <^ What re jranie in the State w ithout a licen.«e, and it is a>iainst tin- law for anyone to sell any raw hides of thest- animals. Do you understand that, and will you tell your fric-nds, so that when they want to i^o to Wyomiuir airain they won't jiet into troid)le".' — .\. Yes. Can I say sut I iiave up my irun heeause 1 . Witnesses: .\. ^1. J.ANDMAN. F. C. (iolN-.iS. Suhscrihed and sworn to liefoie me tliis .'Idtii //.. < ^ly term expires .\o\cml>er s. P.lOo. i Stalniinit <,/ /li,/li Ihiij. Hit.n Do(., liein>i first <^ What is yoiu- name and aj.'e? — .\. Ilij:li Do^r; 4S years old. 'i- You are an ();rlala Sioux livinjr on Fine Hitlye liesi-rvation'.' — .\. Yes. idn't IJniwn or Smith explain what they wanted? — A. They didn't do any talking with William Brown. They did all the talking with CharHe Smith, and after they got througli Charlie Smith didn't tell us what the confereni-e was. Q. Was Smith there when the sheriff and his jiarty came?— A. They Itoth came to camp about the same time — Charlie Smith and those white. men. Q. Did Charlie Smith bring in an antelope on his horse? — A. No; I didn't yee him bring anything, but I knew he was back, because I saw his horse. Q. Did you hitch up and drive away after that? — A. Right after that; the word was passed that Charlie Smith had said that everyone should break camp and take to the road for home. Q. Didn't the sheriff and his men want you to take the road to Newcastle? — A. I didn't know anything about that. (I. Did any of the Indians throw dirt into the air? — A. No one did that. Q. Where did the sheriff and his party eat sujjper? — A. They ate supper at Wil- liam Brown's tent. His wife prepared the meal for them. Q. You say no one threw dirt into the air. If they should, what wtnild it mean?- — A. No one did that. We were all in the w^agons, and besides no Indians do that, because it don't mean anything. Q. Were you present next day when the shooting took place? — A. Yes; I was there. Q. Where were you? — A. 1 was away back in the rear. Q. Did you see who commenced the shooting? — A. I was away back in the ivar. One of my liorses Avas tender-footed. I stopped to put a piece of canvas about it. I was going very slow. I looked up to see where they were in front of me, and I saw them all coming back as tight as their horses could go. Then I began to hear shooting. Q. I want to say that it is against the law for anyone living outside of Wyoming to shoot antelope, ileer, elk, or any other kind of large game in that State without a license. It is also against the law to buy or trade for the green hides or teeth of these animals. Do you understand that, and will you tell your friends, so that when they go to AVyoming again they will not get into trouble over violating the game law's? — A. Yes. I want to say a few words more. After we left the wagons and started back we put all the women on horseback. AA'e got as far as Hat Creek, when there were 10 white men standing in the road. Just to show you that we were not out for a tight, we had all the chance in the world then, but there Avas not an Indian in the party wanted to tight. And we all surrendered our guns and w'ent into lulgemont with those fellows willing. One fellow was some kind of a headman, so we turned our guns over to him. I left my wagon and all my stuff liack in AVyoming. 0. Did you get your wagon back? — A. I got my wagon back, but I did not get any of the other stuff, at least they could not find it. Hi(in (his X mark) Dog. AVitnesses: A. M. L.\NI)M.\N. F. C. GoiX(is. Subscribed and sworn to before me this r5()th day of Xovend)er, 190o. [SKAL.] F. E. McIXTVRE, CSly term cxinre^ Xoveiidier S, 1905.) Xntnrij I'liblic, SJmnnon (biiiit;/, >S. D(d: Simx INDIANS *n' IMNK KIlXiK AtiKNCV. s. DAK. 4H Slahiiif nt of ( 'lilif Kiii/li . C'liiKK Ivvtii.K, hein^ first duly sworn, di-post-s ami says: ((Questions hy Tinuitliy F. Hiirkt-, riiitt'tl Statt-s attoriu-y \<>v tin- districl <>i Wyoinin^r. ) <^ Wliat is your iiaiiu' ami a>rt'? — A. My name is Cliii-I I'.ajrle. 1 am :i"> years old. i]. You art' an O^dala Sioux, living' on I'inc Kid^jt' Kcservf? — A. Yes. i]. Did you ^o to Wyoming' witli William Hrown on ()ctarty were there? — A. Yes; 1 .•^aw that white man. There were seven men alto>rether. • ^ What did they want? — .\. 1 don't know what they wanted or what they wi-re there for. (I. Didn't William Brown or Smith tell you what they were there for?- — A. They didn't tell me anything about it. <^ Didn't anyoni' tell yoti about it? — \. 1 don't know, what was the matter with the Indians. Tliey didn't seem to want tji tell anythinir. 1 don't know the reason. (I. Didn't you know that .Miller was there to arrest von; didn't he ask vou to ifK to XewcastU'".'— A. No. <2. Did Miller try to ijet your party heailed off and turn tlniii up toward .N'ew- lastle'.' — A. 1 don't know. I beloujii-d to the j)arty in the rear. <2. Were Brown's party all in the rear? — A. Yes; we were all in the rear. (^ Were you jiresi-nt when the shootins.' took i)lace the next day'.'^A. Yi's. r".' — A. I was about as far from tho.se in front as it is from here to the boardin bank and went ilown and ui* ajrain, and just as we i.'ot to the i-reek and were up on the hiirh side I heard tiie report of one jrun; then the firinjr became ireneral. Then I turne when you went away'.' — .\. We started and i:ot up on a biir divide, and we went down a bijr hollow, and there we threw out all om- dishes and boxes and thinurs out in the bit: hollow, and then we mdiitchecl and started out horseback. '^ You are ri^rht. There is a law i)rohibitin^' the shoutinjz of any v'l'ine animals in Wyominir without a license. It is also ajiainst the law to buy or trade for any •rreen hides or any teeth of bit; ^'ame. If you understand that will you tell your friends and aci|uaintances, so tliat when they t iret into trouble'.' — .\. Yes. After we left the wagons and starteil out horseback with our families— after we ^'ot to a place called Hat ( reek— another jiarty tired nmre shots at us. I ilon't think that was ri^ht. ( 'nii:i- 1" \(.i.K (his \ mark i. Witnes.///,. (My term exi>ires Novend»er S. liMI.'). i 44 SIOUX INDIANS OF PINE KIDGE AGENCY, S. DAK. Statement of Charging Wolf. Charging Wolf, being first duly sworn, deposes and says: (Questions by Timothy F. Burke, United States attorney for tlie district of Wj'oming. ) (2. Wliat is your name and age? — A. Charging Wolf; 45 years of age. Q. You are an Oglala Sioux, living on the reservation here? — A. Y"es. (.2. Did you go to Wyoming in October with William Brown and his party? — A. Yes. Q. What did you go there for? — A. What I started nj) there was for some leaves, roots, and herl)S, that we know is very good for certain sickness. That is what I went up to get. Of course the white men don't use them but the Indians do, and I brought a lot back. Q. Did you take your guns with you? — A. Yes. Q. Did you shoot any antelope or deer? — A. No. (2. Did you buy any? — A. Y"es. I bought one. (.2. Did you drive your own wagon and horses? — A. Yes. Q. How manv antelope and deer hides did von have in vour wagon when you left it?— A. Three. ' Q. AVho did the other two belong to? — A. I traded for the other two witli the sheep men for some moccasins and bead work. (.i. Was you there the day before the shooting, when Sheriff ^Jiller and his jKuty were in camj)'.' — A. Yes. il. What (hd they come there for? — A. I don't know what they did come for. Q. Was Charlie Smith there? — A. Y"es. Q. Did Charlie Smith bring in an antelope on his horse? — A. I don't know. Q. Did CharHe Smith or Brown tell you why they were thei-e? — A. I didn't hear anything about it, and they didn't tell me anything. il. Did they eat supjjer there at William Brown's? — -A. I don't know anything about that. Q. Didn't they try to get you to go to Newcastle? — A. I didn't hear anything about that, and didn't know anything a])out it. Q. Was you there when the shooting took place? — A. Yes. Q. Where was you when it commenced? — A. I was about in the middle of the train. Q. Who fired the first shot? — A. The white men. Q. How do you know that? — A. There was some teams ahead of me, and I noticed them hunch up together. Then I heard one shot, and after that the firing became general. After that I got out as fast as I could go. (2. Who fired the first shot? — A. I kind of think the first shot came from the white men's side. Q. What makes you think so? — A. I don't know the reason why I think so, but it seems to me that they fired the first shot. But I got away as fast as I could. Q. Difl you fire any shots? — A. No. I had my gun in the bottom of the wagon and had my tents and other luggage on top of it. Q. It is against the law of the State of Wyoming to do any hunting for such game as deer, anteloi)e, elk, etc., without a license. It is also against the laws of the State to buy or trade for the hides of such animals. Do you understand that, and will von tell vour friends sothev won't tret into trouble when thev goto Wvoming again? — A. Yes." Cn.VRGiXG Wolf (his x mark). Witnesses: A. M. L.\Ni)N.\x. F. C. Goings. Subscril)ed and sworn to Ijefore me this .'iOth day of November, UJOo. [seal.] F. E. McIntyre, Notarg I'lihlir, Shannon Coiinti/, S. Dak: CSly time expires Novem1)er 8, 190-5.) Stafenwrit of Jesse Little ]Viir Jhmiiet. Jesse Little War Bonnet, being first duly sworn, dej)oses and says: (Questions by Timothy F. Burke, United States attornej' for the district (if Wyoming. ) <2. What is your name and age? — A. Jesse Little War Bonnet; 20 years of age. ctij- her?— A. Yes. (I. Wliat tn(Hl tlms*- iienple were piiii;,' tn ^'et suiiie roots ard lierhs ami otlier tliin>;s, .so I tlioiitrlit I woiiM ;:o and see if 1 could yet some. I am not well. My lilood is had. I wanted to .^-et somt- nier. 12- Did you drive your own wa;ron or did you tro with souie one else? — .\. 1 was in my motlier's wajron. (2. Was your father alon>r? — A. No. <^ Did you huy any antelope or dei'iskins? — A. I hou;rht one. ,'? — .\. Yes. (^ What did Miller and his men want? — .\. I diuld not understand them. Q. Didn't Charlie .'^mitli or William Hrown tell you wliat they were ttiere for? What did they say to you ahout it? — A. They didn't say anything:. i-i. Di to Newcastle? — A. 1 didn't lu-ar that. i]. Didn't they try to turn up the road to.vard Newcastle, instead of the road toward home? — A. I didn't hear. (I. Did you .see them motion you to go uj)? — A. No. C^. Was vou present the dav the shooting took place, and where were vou.-" — A. Yes. . . (2- Where were you? — A. 1 was in the rear. I had sto]i]>ed to close the gate we had just LTone through, and just as 1 was on tht' way up the tiring took place. <2. How far up were you when the tiring started? — A. I was tjuite a ways off. I was the last man cominjr up. <2- The white men .>^ay yon was at the liead of the line and was running' hark when they saw you. Is that correct? — A. No. (2- Did vou have a gun that day"? — A. No. (i Wh(! tired the lirst shot?— A. The white men. i}. How do y(!u know that? — A. I was coming ui> when I heard the l>ullets coming down from that ilirection. (2- What did you do? — A. I turned around and took tlu- otln-r way. C2. It is a^'ainst the law of the State of Wyoming for an outsider, whether he is an Indian or a white man, to shoot deer, antelope, elk, or any such game in that State without a license. It is also against the law of the State to huy or trade for the hides of such animals. I want you to hear that in mind and tell your frit'uds that, so that when they are traveling in Wyoming they will he careful not to violate tho.se laws and j:et into trouhle. Jesse Lhti.e Wak Donnkt (his \ mark). Witnesses: A. M. La.nd.man. F. ('. ( ioiN(;s. Suh.scrihecl and sworn to hefore me this .'!Oth day of NoviMuher, HKK^. [seal.] F. K. .McIntyki:, \ot<(ril J'lili/ir, SIkiiiiidii Oiiiiiti/, S. Ihik. (.My term expires Novend)er S, litOo. ) Sliilriiii'iit III' W ill III III lirimii. Wii.i.iAM I'.uowN. lirst heiiit: duly swoin, deposes and says: ((.2uestions hy Timothy F. IJurkr. Iiiited States attorney f(pr I lie district of Wyoming:. ) <.2- State your name anil a^rr. — A. My name is William IJrown. 1 am :'>i> yeai*s of age. ■ . ■ (2. .\re you tlu' William I'.rown that trot a permit to leave tlie reservation with a mnuher of others along ahout last Sc|(|cml)iT? — A. Yes, sir. 46 SIOUX INDIANS OB^ PINE RIDGE AGENCY, S, DAK. (}. You arc an (Jglala Sioux and live ui)on the reservation? — A. Yes, sir. (}. When did you leave the reservation with your party for Wyoiiiinis:? — A. I have my pass witli nie [produces pass]. I left about October (>. Q. And all of these people named on your permif left with you? — A. Yes, sir. (^ When did you get into Wyoming? — A. About October lo. Q. Did you shoot any deer or antelo]>e prior to going into Wyoming? — A. I saw one or two in my party. Q. What did you go to Wyoming for, ]\Ir. IJrown? — A. I went to get some root, herl)s, and berries. Q. For what i)urj)Ose? — A. To use for medicine. Q. It is the custom for the Indians of this reservation to go outside for roots and herbs? — A. Yes; that is customary. They found out that the roots and herl)s that they got away were better than the roots and herV>s here. Q. How often do they go? — A. This was the tirst time I knew anything about it. This year and last year. (}. When you went into Wyoming, into wliich county did you go, do you know? — A. We went into Weston County and from tliere into Converse County. Q. Did you shoot any deer or antelope in Weston C'ounty? — A. All we shot there was ra1)l)it, prairie dogs, and prairie chickens. Q. Did you buy any antelope or antelope hides, deer or deer hides while in \\'estf)n County? — A. The rest of the party bought some, but I didn't buy anything. All f wanted was roots and herl)s, and I got them. Q. How many antelope and antelojie hides, deer and deer hides did your party buy in Wyoming? — A. Of course, I didn't go around through the tents, so I don't know just how many they did l)uy. 0. They ]>ought quite a mnuber? — A. Yes. 0. Would you say as many as 40 or 50? — A. i could not state the number, but I know that they got a good many hides. (2. How did they pay for them? — A. Hatl)ands, moccasins, and other beadwork along that line. They traded for them. (^ Were you there at your camp when Sheriff Miller and his party came there, the day l)efore the shooting? — A, Yes; I was there. 0. What did they say they wanted? — A. They were at my camp some time before I came back. They had got ready to leave when I got )»ack and were going aw^ay without saying a word to me, but I had a talk with one of them. (^ What was his name? — A. Miller. Cl What was the talk you had with Miller? — A. Miller told me that they had eat at my place, and then I asked him wliat he wanted. He told me he was after us. Q. What for? — A. He didn't say what for. It was getting dark and he said, "I will see you in the moi'ning." (I. Did he show any ])apers? — A. I didn't see any. Q. Did he show you a warrant for your arrest? — A. Xo. Q. Didn't he tell you he had a warrant for your arrest? — A. No, sir; he didn't f^ay anything of that kind, and I didn't have any idea he was there to arrest us. (I. What did he say he was after you for? — A. That is all he said, "lam after you," Q. Did you not understand from that that he wanted you to go to Newcastle? — A. I understood it that way and I told him, "All right." Q. Did you offer to go to Newcastle with him? — A. He didn't mention the name of any town, he just said, "I am after you," and 1 said, "All right," and he said, "Tliat's good." And that is all the talk 1 had with him. 0- You were hitching up then, were you not, and about to drive away? Didn't Miller try to turn you on the road to Newcastle instead of the road home? — A. No. Q. Do you remember where the roads fork and one road leads to Newcastle, and the other toward home; was there not an effort made there by ^Miller to turn you onto the road to Newcastle? — A. No. il. Did you see any Indians throw dirt into the air? — A. No. (^ What would it mean if they did? — A. It don't mean anything. <^ l>id you see Little War Bonnet riding among Miller's party the day before the shooting? Did he make himself offensive that day? — A. No. Q. Were you near the head of the procession when it started that day? Wei'e you where Smith was? — A. No. <^ Did Smith and ^Miller have any talk? — A. Yes; I saw them talking together. 0- Hid you tell ^Miller that you would go to Newcastle if Smith did? Was any- tliing of that kind said there? — A. Yes. <^ Did .Miller say he would come back the next day? — .\. Yes; he said, "1 will <'oiiK' 1)ack to-morrow." smrx INDIANS (>V IMNK HIIXiK ACKNCV. S. DAK. 4( (i- Did Miller say aiiytliiii'_' to yuu alioiil Icaviii'j tlir Siati-. or Jaiiytliiii<_' "i thai kiml? — A. No. (2- I>ilace next ilay? — A. I wa> mi the road home. *l. How lar was it Imm the |>laee where the siioutiiii: took jdaee to where yoii >aw Miller the day liefore?— A. 1 don't know. • 2. Did anyone tell yon that Miller was there to arrest you'.' — .\. Xo mn- t-ver toM me that. nt yon must 'V usanro to Neweastle that iiiirhf.' — .V. No. t"2- Did anybody there resist Miller in an attempt to arrest you'.' — A. No. (^ Now, the next day when the shootin^aii'j wa^'on. and after the -tamjjede took place I left the bi^' wa.L'on and toi.k a li^dit wa^'on that was there and llew a;:ain. <2. S'oii were not arrested and taken back to DoULdas, charLrcd with ihe murder of .Miller".'— A. No. • ^ Did you ecl to cnnie back mi tlie .«eeond 48 SIOUX INDIANS OF PINE RIDGE AGENCV, S. DAK. day? — A. I tlHJUght tliat lieing a.s he way >jure, I thought he would come and take us where he wanted us to go. Q. But you were trying to get away from him, were you not — that is, after the first day? — A. We were coming on the road home. (.1. But you were trying to get away from the sheriff and his company? — A. No. Q. Was there any shooting at you after you left the second day and took the light wagon to start home? Did anyone shoot at you then? — A. Yes; they did that. Q. AVhere was that?— A. Hat Creek. Q. How many shots did thej' fire at you there? — A. I should guess about fifty. il. Did thev hit anybody? — A. They hit one of the horses in the hoof. (I That was in the night?— A. Yes. iil you see these men the lu-xt ihiy? — A. No. (■2. WiTe you present when tlie shootinj^ look i>iace on tiie next (hiy? — A. Tliey came to our camp ami on the next day they conunmenced to shoot at us. (2- I'iil \'ou recognize tlieni to he the same nii-n as those wlio iunl come to your eamp tiie day hefore? — A. Yes, they were the same men; after I got where they were I recognized them as the same men. (i. Hid you recognize thiMii as tlie same men helore the shooting commenced? — A. I saw those men liefore anyone else saw them. <2. Wliere were you when yon saw them?— A. 1 was aiiead of the wagons and there were two little hoys with me and we were driving some loosi' ponies. I got off my hor.-^e to open the gate and then I saw the white men aiming their guns at me, so I started hack to tiie wagons as fast as I could go. C2- Where were you on first hearing the shooting? — A. It was the white men tliat started to shoot. Q. Where was the first shot fired from? — A. What do you mean hy that? Q. Where wa« the first shot fired from? Who was the first person who lired and where was he? — A. It was a white man. (I. Were they on horsehack when the shooting commenceil? — .\. Xo; they were afoot. (^ Were they on horseback when you first saw them? — A. The minute 1 saw them they began to get off their horses and some of them were already aiming their guns at me. Q. Did you go back through the gate when the first shot was fired ? — A. That was after I got through the gate. (2- Where was Charlie Smith? — A. Charlie Smith was in the rear on horseback, but he came up. (^ How many wagons got through the gate before the fiHngcommenced? — A. Two. (2- How many Indians id you .«ee one of thi'iii put up liis hands and say, "Halt?" — A. No. <2- Did they do any shooting before they got through the w ire fence to which they liitched their horses?— A. I did not see where they had their horses, but they must iiave left their horses on the outside of the fence. The fellows I saw came'on tlu- run, shooting. (I. They left their horses l)efore shooting? — A. Yes. lack Kettle and my father. The rest He(l. <^ ( 'harlie ilidn't do any shooting? -.\. I didn't .r. Mrs. (iray Bear? — .\. They told us that they wi're ^oinir to shoot different thinret any deer or antelope while there? — X. They got some in the foot- hills of tlie Hlack Hills. They didn't j;et manv because they were scarce. (2- Did they jret any in \\'ytimini.'? — A. No one id Charlie Smith tell you what they wanted? — A. He didn't tell us anything. C^. Didn't your husband tell you what they were talking about? — A. No. He didn't say a word to me. Q. Where were you when the shooting took place next day? — A. There were two wagons ahead. There was a man and his wife in the lead, then came Black Kettle and his wagon, and thinl came myself and wagon, and the fourth was Mrs. Smith and wagon. il. Was your husband in the wagon when the shooting commenced? — A. 1 was in the wagon with two daughters and he was in the rear on horseback. (I. Did you see who Mred the tirst shot? — A. Yes; I saw it. (I. Who was the one that H red the first shot? — A. My daughter was in tin- lead, driving some loose horses. She came back and said, " Mamma, there are some white people raising their guns, and they are going to shoot us." The wlnte men were the lines who started the shooting. Then we started back. Just then the boy was shot. He fell right in front of me. .Vfter 1 went arouml to turn my team around, I saw this boy was slujt, so I tin-neard? — A. Tlie gun nuist have droppeil out of liie scabbard some way or other, because when I saw him on the horse it was in his -c al)bard. • 2. Hfiw far was it from where Charlie Smith was lying to where they found the gun? — .\. I was so badly scared I didn't think to measure it. (2. Your husband died that night?— A. Yes. (2- AikI you l)urie. Did the other liiilian tell you what was waiitccl? — A. 1 iimlcrstoo"! Irom tlu- iitlicr Indian that lie wanted ns to t'o with liim. (I. Did yon refuse to ^ro with liiniV — A. Smith was tlieone that refused topi. The white men had tlieir Winchesters ri<.dit with them. • ^ I 'id William i>rown refust- to uro? — .\. William was uillinji to j^o alon;r with the white nu'ii. (^ What ilid the whiti' men elaim, that they should want you to K" with them? — A. This Charlie Smith told all the Indians to hitch n|i and hreak camp, we wanted to go home. So the Indians hitched up and lirokt- camp and those white men went along w ith tis. And tliey said, " Wt- w ill he hack in the morning." That is what I was told. There were some wagons aheaii and tlu-y wanted them to go to Newcastle. Then the white men left on the road to Newcastle. We traveled all the night and then we made camp in the morning. We made that camp there ami in the morning we started again. We traveled until the sun was jiretty low, trying to Hml water. I was the fifth wagon in the roail. I had my little hoy aheaack, and they wi-re all strung up the creek. I heard the white men .say something in English. 1 didn't understand what they said, Vmt it sounded to me as thougli they were cursing us. Then the white men tired into us and there was a general stampeiU'. t^ Did the Indians do any firing; and if so, who werethey'.'' — A. I was shot at the tirst volley and I tried to get out the best I could. I didn't even look back. (2- Where were you shot? — A. I was shut in the back, tlie bullet coming out in front, just in front of the hip bone. H. Did the shot pass through the entrails?— A. No. I was leaning over, anresent at the scene of the shooting in Converse County at the time the sheriff of Weston County was killed. I transmit herewith a co])y of the evidence as taken at that hearing. Further following out your instructions to "investigate thoroughly the whole trou))le with Indians and report," and your further instructions of November 21, directing ine to go to Pine Ridge Agency for the purpose of interviewing the Indians and taking their statements of the oi-currence, on November 25 I left home for the Pine Ridge Agency and there took the statements of J. R. Brennan, the agent, and fourteen Indians, all of which, with the exception of two, were under oath. I here- Avith send you these statements: I also attach to this report a copy of the Wyoming game and fish laws. Sections 2107 to 2120 were involved in the consideration of this matter. It should be ol)served that section 2116 makes a violation of the game laws of this State a misdemeanor; likewise a violation of section 2120 is made a misdemeanor. It is to be observed: 1. That the Indians in question had left the Pine Ridge Agency in two parties at different times and under regularly issued permits from the agent, Mr. J. R. Brennan, and for |)urposes that were lawful. Siorx INDIANS OF PINK KIDdK A(iKNrV, S. DAK. 55 -. That tlu' warrant issued out of tlu' justice of the |)ea(v's court of Weston ("ounty, charjrin;: the violation of tlie jranie hiws, was aL'ainst John Doe ami Riclianl Doe, liiit two persons. ."•. That tlie attenii)ts, if sucii they were, to niaki- an a' rest under tliat warrant was made hy the siieriff of Weston County in Converse County on some twenty or twenty-iive men, l)esides women and children. 4. That at neither attemi)t at arrest, if su<'h they were, does it appear tiiat the Imlians. or any of them, were eniratred at thi' time in tin- violation of any law of the State of Wyoming:, unless the testimony is to he accei)ted that the Indian Smith had ujion his iiorse, when he returned to his ])arty at the time the sheriff first vi.-ited them, an antelope, which fact is denied hy a nundierof tln' Indians in their evidence. r>. That while the Indians deny havin^e coni]>os- in>r the sheriff's party and that of the Indians as to who cduunenced the shootini: ui>on the second day on the occasion when the sheriff of Weston ( 'ounty and a deputy sheriff of Converse County were killed; al.so four Indian.^ — Charles Smith, Black Kettle, (Tray Bear, and Peter White Elk, a hoy — and two were woundeil, .Mrs. Smith and Lost Bear. 7. That at the time of the shootiufron the second day the Indians were struntrout, the procession coverintr from one-fourth to one-half of a mile, some ridinjr in their wairons, others on their horses, the proce.ssion l)eing headed l)y a hunch of jjonies- driven hy a jrirl of 17 or IS years of ajze and two small l)oys. Their attitude, at least at that time, was not threateniner.>;ons some forty or fifty individuals, ami especially as an arrest thereunder of one party of more than two had already been maly ignorantly, in that they had obtained by bartiM' green and untanned hides of ainmals mentioned in section 2107, an [' . S. Rep., iSO-i). The conclusion is force> tlu- sheriffs ]M)sse first nsed their gnns, and as that fact is in such hopeless 56 STOUX INDIANS OF PINE RIDGE AGENCY, S. DAK. uncertainty I can not believe that anything is to be gained by further prosecution, for M^ere proceedings to be had against either party the proper apphcation of the rule of reasonable doubt would acquit the accused. A decision resulting from either race prejudice, supercilious generosity, or from a guess would but make a bad matter worse. The statement of the agent, Mr. Brennan, is not signed, as he left the agency shortly after making the statement before the same could be extended, and had not returned at the time of forwarding this testimonJ^ I inclose the bills of the two stenograph.ers emploA'ed in taking the testimony. Respectfully submitted. Timothy F. Btrke, United iStatcs Attorney, District of Wyoininti. The Attorney-General, Washington, D. C. The State of Wyoming, County of Converse, ss: The State of Wyoming v. He Crow, Fool Heart, Jesse Little War Bonnet, C'harging Wolf, Broken Nose, James White Elk, Red Paint, Jack High Dog, Iron Shield. Douglas, Wyo., Nnrember 14, 1903. D. O. Johnston, a witness called on behalf of the State, who, being first duly sworn to testify the truth, the whole truth, and nothing but the truth, testified as follows: Direct examination by W. F. Mecum, prosecuting attorney : Q. Please state your name, age, residence, and occupation. — A. I). O. Johnston, Newcastle, Weston County, Wyo.; age, 34. Q. What is your occupation? — A. At the time this occurred I had charge of a saloon in Newcastle. Q. State whether or not you were acquainted with one William H. .Miller.— A. Yes, sir. Q. What official position, if any, did he occupy? — A. Sheriff of Westcjn County. Q. Where did he reside? — A. Newcastle, Weston County, Wyo. Q. State whether or not you are acquainted with any of these defendants. — A. The first time I met them was on Friday, October .lO. Q. Where was that? — A. On what they call the Dry Cheyenne River, in Converse County. Q. Do you recognize any of these men, or all of them — identify them as men you saw at that time on the Cheyenne River? — A. Two of them, for sure. Q. Which two was it? — A. Red Paint and Jesse Little War Bonnet, the second one from this end. Q. Do you identify any of the others as those you saw this first day? — A. I wouldn't want to swear positive to the others. Q- How did you come to be there at the Indian camp on this day? — A. I was deputized by Sher'iff Miller to go out and arrest Indians for killing antelope. Q. Who, if anyone, was with you and Sheriff Miller? — A. Frank Zerst, Vred Howell, Ralph Hackney, Jim Davis, Jack Miller. There were seven of them. Q. How many Indians did you see at this time and place? — A. Twenty-three male Indians; that is, grown men. Q. What else (lid you see there? — A. Tents, wagons, squaws, children, and iionies. They were in camp. Q. Go on and tell al)0ut how many you saw there? — A. I never counted any but the men; but, if you want me to start and tell just what occurred, we rode in the camp at 10.30. I looked at my watch. Some of the Indians seen us coming, and four, I believe, met us on the top of a little hill, I should judge al)out a hundred yanls, maybe seventy-five, from the camp. The sheriff rode up and asked who the the chief was. They said it was Charlie Smith. This Jesse Little \^'ar Bonnet was riding off by himself toward the hills. He came in ahead of us and then started before we got to the (-amp. He didn't wait. Then one of the other Indians hallooed at him, and he stopi)ed, and Sheriff Miller went over and brought him l)ack. He stated what he was there for. They wanted to wait until Smith came. Mrs. Wil- liam Brown, I believe, if I re!nenil)er rigiit, got our rohal)ly. was the only one. (2- How many Indians were present at that time? — \. I think Smith's wife wa.s the only one of the Indians ontside himself. They were in camp, hut not in the tent. t^. Ihiw many of these Indians were there there that cmmM talk i-inulish, or did talk Kn>rlish.' — A. Mrs. Brown talked Knjilish; the tlan<;hter of (iiay liear, I believt — I ilon't know what her name was — talked Kn^lish; Snnth talked Enittle Jesse War Bonnet'.'— A. Yi'S, sir. i^. (ioon and state what occurreil, just what was done after that. — .\. They told us there were two more bucks out, and about 'A o'clock. I should juil-re, i'.rown came in with the rest of the Indians. They came over the hill ridinjjon the lope and hol- loing as they came. At that time we were in front of Charlie Siintifs tent; had a lire built there. When they came in the sheriff jrave them timi' to talk it over, and a.Jtle. Of eoui-se I will have to take you." Smith said: "lam no danm fool and know more of law than you do. I know the sheriff's duties, but if you want trouble yon can have it." The sheriff said: "We don't want no trouble, I came here to do my duty as an otlicer. " Q. Was that all that was said tiiat vou remendier? — A. That is about all that was saiil that time: then they bejran to hitch uji. (^ When this conversation occurred, who, if anyitne, was present beside the sheriff.' — A. All these seven, the names I mentioned. (2. The .«even white men that were there? — A. That's what I mean. Q. How many Indian.<' — A. .Ml the male Indians; all the bucks that wa-^ incamji there. <.2. State to the court, if you know, whether these other Indians that coulunch — he said, "What will we do — ride to the nearest hill?" There was a hill, not exactly 58 SIOUX INDIANS OF PINE RIDGE AGENCY, S. DAK. to the left Ijut a little ahead of us, probably 200 yards to the top of it. He said, "We will ride up there and trj' to stop thein." No sooner had he said that than Jesse Little War Bonnet and another one ran their ponies to the top (if the hill before we even started there, and stood on top of the hill, sitting on their horses. Q. How were the buck Indians traveling — in the wagons, on horses, or on foot? — A. All on horseback. Q. Who were in charge of the wagons? — A. Squaws were driving the teams. Q. Did you have any trouble with any of them at the time you were talking with Smith and Brown, at the time when you stopj^ed the guide? — A. Smith insisted he wouldn't go to Newcastle; told the guide to go straight ahead, very nearly opposite from the way we wanted them to go. Q. How did all these other Indians you say spoke Indian, act? — A. They rode up in a bunch, all talking in Indian, and motioned to him to go straight ahead, the way Smith said he should go. Q. State whether or not the Indians at this time made any demonstrations or did anything to indicate that they would resist the officer by use of force if necessary? — A. The largest part of them surrounded us on the outside. We were in a boily in the center. Part of them were just in the rear of us and dismounted. I think four of them had their guns in their hands, and the rest were standing by their jionies on the side the guns were on. Part of them had guns on their horses and part in their hands. Q. Was there anything else you remember at this time the Indians did? — A. Not that I saw; that was one of the other witnesses. Q. State if there were any songs sung. — A. One old squaw sang a song, we took it to be a war song; she made a peculiar noise. Q. What did you do next — you and the sheriff's posse? — A. After that the sheriff says, "We will go to the Fiddleback ranch and get more help and head them off down below." We rode to the Fiddlel)ack that night and we staid there all night and got Steve Franklin and Charley Harvey, and on Saturday morning, the 3ist, about 7.30 o'clock the sheriff sent Jack Moore and Frank Zerst south from the Fiddleback, in the direction we left the Indians the night before about sundown, with instructions to find the direction they went and meet the rest at Jake Mills's old cow camj) on Lightning Creek. The sheriff and the rest of us went on down the Cheyenne River. Falkenlierg came from Olson's ranch. We met John Irvin build- ing fences and he came wdth us toward Lightning Creek. We met uj) with two strangers. The sheriff stopped and asked them where they came from — asked them if they had seen any Indians over there. They said they had not. The sheriff told them we were looking for Indians that had gotten away from us the day before, anuld judge that is as good a map as a man could draw without surveying. Q. I will ask vou to state what this represents, leferring to that mark "creek." — A. The creek. Q. Which way does it fiow? — A. To the right. To the northeast the way the map is drawn. Q. What do you say this represents? — A. I should say sheep pens. (.}. Wliat does this represent? — A. A line of rough hills, very rocky. Cl. And what does this represent? — A. The wire fence. Siorx INDIANS OF PINK RIDCK AiiKNCY, S. DAK. 59 (y What does thig represent? — A. Tin- mail. (.}. l'|)nii wliicli you were travelin<: ami tiie Imliaiis svt-re travcliii<:'.' — A. Yes, sir. We were p)iii': arouiid the other way. '^ Which way were you traveling:? — A. Kitrht upon tiiat road. 1^ Which way were the Indians traveling:? — .\. T the creek, south, until we got to this wire fence marked ••.'!."' We dis- mounted and left our horses hy the wire fence, got through the fence, and went on uj) the creek. Part of us was right hy this crosi*, that will he "No. 4." that was the extreme right of us. We were strung out down the creek at that time jirohahly ^"> yards, the 18 of us. John Owens was farthest U}) the creek, that would he the extreme left of us; Sheriff Miller was next. They hoth started up on the hank at the same time toward the Indians. .Johnnie* )wens and Sheriff Miller threw uji their hands and used words to this effect — I could not stati' the exact words, I heard part of them: ■'Hold on; surrender; you are jirisoners." Those were the words I hi-ard used distinctly. There was an Indian right over toward these pens, ahout 40 yards, or tM, in that direction, raised his gun and tired at John Owens. <^ How far do you say it was from this creek to the road? — A. Just ahout oU yards. (}. How far would you say it was from where you first i-rawied through the fence to this sheep pen'.' — A. .\hout 200 yards. (^. Where were the Indians that you saw, and ahoiit how nuiuy of them? Descrihe the Indians. — \. There were at least two wagons — 1 wouldn't say positive there was three — through this fence, and a l)unch of loose ponies, and the rest of the wagon?* were strung along from there pretty much down. I thiid< the line of them were along ahout the shei'p i)ens. (^. (jo on. — A. When this Indian at No. ."i lired at .lolmie Owens every man of the thirteen except one ran up on the hank and was right along on the top of the bank. One man stayed right here behind the hank, Frank Zerst. He had nothing tiut a six-shooter. <2. I>id you hear the sheriff say anything else, or Mr. < )wens state any t lung else'.' — .V. I heard the shot fired, and then the firing became general. (^ Which way wa< that sliot you s|)eak of fired from? — A. Cornerly direction from the sheep pens; it was right in there. I saw the man that fired it. <2- Was he Ix'tween the road and the creek; or where woidd you say he was?— .\. Between the road and the creek. '^ Will you locate it as near as you can on the mai>? — A. "No.o." I have marked it rigiit there. • 2- What followeil? — A. I was right here between this lirst tree and the wire fence. I heard Louis Falkenl)erg let a yell out of him. He turned and I saw blood sjiurt- ing from his neck. He rolh d over on his side. The shooting kejit U]). Some of the Indians down hy the sheep ])ens turned and ran. somi' stood their ground and fought, and some of them rode on, started lu-ri' right near the gate marki'd "t>" and went west on top of this range of hills and rocks, and by that time the Indians who were still mounted had all left the road and gone back the road or gone over the hills. 1 turned around an Converse County. Q. Whd was it you say you met there? — A. The other boys, the men we sent out. Q. On Dry Cheyenne River? — A. We met a bunch of what we took to l)e Sioux Indians, they said they were. We asked them who their chief was, and they said Charlie Smith. Q. I understand you Smith was not there at the time you first met the Indians? — A. No, sir; he came in afterwards, bringing an antelope on his saddle, tied behind his saddle on his horse. Q. Which he said he had traded for? — A. He didn't say that particular one. It was later on he made this statement. This antelopt> was fresh killed, it was bleeding yet where its licad was cut off. Q. That was in Converse County? — A. Yes, sir. Q. You had not talked with the Indians in P^nglish until Smith got there. Smith was the first one you could talk with? — A. Jesse Little War Bonnet came back. Miller told him who he was, and what he was there for, told him he iiad a warrant for their arrest. Q. What did he say in English? — A. Said he would go out and get Smith; go out and hunt him and l)ring him in. One other Indian, I could not identify him in this bunch, was standing there, seemed an old like man, said something in Indian and SlorX INDIANS OF PINK KIDCK ACiKNCV, S. DAK. (\'^ puinU'd to -MilltT, tlif sheriff. Tin- slu-riff siiid, "V'Hi know me," ami \\v saiil, ' Yes; know you at New Castle." (2- Who was it sail! he knew him at New ("astle." — A. ( >ne oi" the Iiuliaiis; I don't know his name; lie is not in this hunch. <2- Was that Smith's jiarty you lirst met there, or was it I'.rown's |>arty'.' — A. Smith's. <^ Then after Smith came uji \ ou liair. <2. Who was prt'sent when you were talkinj; to Smith and explainin^r the nature of yresent lati'r on when they were talkin<.' over it. (2- Who were talkinjj over if.' — A. Smith and our sheriff and lirown. They were talkiuL' in the i)resence of the Indians and all id Mrs. T>rown speak English'.' — A. Yes; very well. Q. You say these are the only two, Jesse Little War Bonnet and Red Paint, you saw there at the time you jjot dinner that you can identify".' — A. There were 1.'3 Indians there, hut 1 wouldn't try to identify them separately, because they looked too much alike to nie. (^. After talkiuir to Snnth, you went away — you made no arrests'? — A. We stayed there; and the sheriff saiil he had read the warrant to them, and the sheriff talkeil to them in our pre.'^ence about his duty in takinji them to town. Smith told the sheriff that "we haven't killed any antelope; we traded moccasins to the sheej)- herders for the antelope we got." The sheriff said, "If that is the ca.«e, perha])s they can't do anything with yon after you get to Newcastle, but I have got a war- rant, and I have onlers to bring you to Newcastle, and I will have to do it, and you can settle with them after yon get there." <^ That was said to Smith'.' — A. Talkerown was ;.'ettin;r ack and went the direction the Indians had taken the ni^rht before w hen we left them, and wi-re to locate them and meet us at .lake Mills's cow cami). <,). You went to Kiddlebai-k that ni^rlit; huw far would that be'.'— .\. .Miout 2o miles. (^ How far was it from Fiddleback to where this I lal tie occurred? — .\. .\bout 40 miles the way we went. <2. Now, you show the court where it was that you turneil off to <.'o u\> this crei'k when you were jroinir from the cabin toward the Indians. Will you please show the court where you were when yon (irst saw the Indians there on the road'.' — A. Hifrlit about No. ■_*. <^ That is where you were when you first saw the Indians'.' — A. Yes, sir. • 1 2- When you lir.st saw them, did you see them at that time dismount'.' — A. Yes, sir: and w hen we saw tlu-m dismounting, in.stead of following the road any further, we went up the creek. <2. About how far is that from the gate'.'— .\. 1 should judire about a hundred yards. <^ Now aidinid that bend iielow tigure L', is that a comitry ojieii sutliciently so that the Indians coidd have seen you when you were fartlu'r around the bend'.' — .V. Not clear around the bend, but jtrobably they could have seen us oO or 75 yards farther aromid than No. 2. It was oj)en in there; not much timl)er. • 2. When the Indians broke camp the first day, was there anything said or done on the part of the Indians to give you to understand they would resist the warrant, or they would go with yon? -Mr. BiijKi-:. We object, unless it is confined to some one jhm-sod. Mr. Mk( iM. 1 will state it differently. (2- 1 will ask yon if Mr. Smith, or 'Sir. Brown, or any of the Indians at that time told the sheriff, or the jxisse, they would go with them'.' — A. Xo, sir: they said sometliing in Indian, and the Indians all hitched up. <^ Did you see Je.sse Little War I'xnuiet after you left camp that day? If so, what was he doing'.' — \. He was riding with us all the time until we turned off to go to Fiddleback. He ran his horse and got in ahead of the po.>^.>--e, and got uj> with Sheriff Miller and I. We were with the guide. He was riding a dun horse. I think. 1^ I will ask you if you examined any of these Indian wagons that day, or the day following? — A. The day following. • 2. What did y<>u find? — A. We found a lot of dried meat; we call it jerketl meat: it wa.M antelope meat; you can tell by tlie smell of it and tlie looks of it. We found in three wagons, as near as I remember, either '24 or '27 antelope hides, and one shei'li hide. <2. What wasthe ap])earance of the.se hides? — .\. The hides, of course, had all been laid out on top of one another. They wcri' green hides. Some of them, ajiparently, wen- what we call a green hide — had not l>een killed long. H. Did you identify this meat as beine meat just by looking at it? A. Smelling it. il. Were there any antelope heads'.' — .\. No, sir; I don't think there wa<: had one fresh sheep hiile with brand on. <2- I'i'l these Indians tell yoii wlu-re they were from, who they wi-n-, oi- where they belonged'.' Mr. r>i KKi:. W'r object to the i|uestion unless it relates to some one of these Indians here. The Corifr. He ma\ answer. S. Doc. 12S a 66 SIOUX INDIANS OF PINE RIDGE AGENCY, S. DAK. A. I heard tliem tell Sheriff Miller they were Oglala Sioux Indians. Heard them tell each other what creek they lived on, hut I could not identify which one. I didn't pay any attention to it. Q. Do y()U know where the Oglala Indians reside? — A. No; except what I under- stand from the other boys; I was never down there. Q. I will ask you to state — I believe you did state — where Miller was wounded. I will ask you if Miller's death there was the direct result of the wound received at this time, on the 81st day of October, 190.'^? — A. Yes, sir; there is no doubt of that. ii. In what county and State did that occur? — A. Converse County, State of Wyoming. Q. How long did he live after the wound was inflicted? — A. I think aliout half an hour. Cross-examination by Mr. Bcrke: Q. When you were at the place markeout a hundred yards around the bend of the road toward No. 2. Q. Did" you see any of these Indians, these nine, at that point? — A. Dismount? Q. Y"es, sir. — A. I would not say there was. Q. That was a})Out how far off? — A. About 100 yards to the front -wagon. Q. It was daylight? — A. Yes, sir; the sun was up. Q. Where was this shooting? From the place where you first saw them the day before — was it east or west, or north or south, in a general direction? — A. East. Q. Then they had driven from the place where you first saw them toward their home at the reservation? — A. I presume that was the road going home. It was in an easterly direction. Q. How much dried meat, or jerked meat, did you say; could you give any idea? — A. There were three wagons we examined; the least that could have been in any wagon was 400 pounds; they were in what we call gunny sacks. Q. How nmch of that did you examine? — A. We opened two or three different sacks and looked into them; three, I am satisfied. Q. An i Frki) \V. llnwKi.i.. t-alled as a witiu'ss on bt'lialf «>f tlie Statf, ami Ikmii^.' Iii>t iliily sworn acronlinjr to law to testify tliL' trntli, the wliole truth, and notliinj.' Imt the truth, testified as follows: lly Mr. Mix I'm: • ^ State vour name, residence ami orenpation. — A. {"red \\'. lloweli. Newcastle. \\\o. ^hichinist, Hurlin<:ton Railroad. <^ Were yon aeqnainted with one William II. Miller, sheriff of Wi-ston ConutyV — A. Yes, sir. *l. I will ask you if you tireac(|uainted with any of these men you see lu-fore you?— A. Not pei>onally accpiainted with them. (2- Have you ever seen them before, or any of them?— Yes, sir; threi- of them I have seen before. (^ What are the names of those you have si-en before? — A. .le.sse Little War l!onnet. liroken Nose, and ("har^dner the date? A\'as it the time the jjosse went to the Indian <'ami)? — ^A. Yes, sir. il How did you happt-n to be there".' — A. I was deputized by Mr. Miller. (J. What was your purpose in : there?— A. To arrest the Indians lor killin-: >rame. yi You can nco«;ni/e tliree of these men that you ,rown'.'-- .\. I saw it read to ".Mr. Brown; I tlidn't see it read to iMr. Smith. I saw Mr. Miller over there with a paper in his hands at a distance. <2. Who was present'.' — \. All of us were around close. • ^ Any Indians pre.eent besides Mr. Hrown'.' — A. Alotoftlu'm. Mr. l»rownand Mr. Snuth and several others. (i How many of the Indians were there that could talk Fnglish or did talk Fng- lish".' — A. Mr. IJrown and Mr. Smith was the oidy ones that talked Fnglish then. (I. I will ask you what was ne.\t done".' — A. Mr. lirownsaid ".Ml right, we will go," or .«omethiiig like that. He saiil "All right, we will go," and the Indians started to take down their tepees or tents and l(»ad up their wagons and pull out. Wi' was rid- ing up alongside. They went across the road and Mr. .Miller went up to see Mr. Sndth and turn them. <^. How far was that from where the Indian c;nnp had been? — .\. To the best of my recollection it was half a mile finm where they crossed tlu- roa turn down to Newcastle, turn down that roinl, and he wouldn't do it. Then he went down to Mr. Brown and Mr. lirown told him he wduld go ii Smitli would. Then .Mr. Miller rode up to Brown again. I ilidn't hear 68 SlOrX INDIANS OF PINE RIDGE AGENCY, S, DAK. what they said. Again he roile up and stopped the leader, aii. \N'lia1 was the next thing you did? — A. We dismounted from our liorses and went down the creek about here — about by figure No. 9. Q. How far from No. 2 would you judge it was to this scjuare block marked for the corral? — A. I should judge it was about 600 or 700 yards. Q. How far from the creek, where you were located, was it to the roail? — A. Between 50 and 60 yards. Q. When you got through the wire fence and were looking toward the road, did you see the Indians then? — A. Yes, sir. (}. AVhat were they doing? — A. I seen only two dismounting going behind a tree down here. I didn't look this way [indicating] at all — about six. Q. Was the sheriff with you at that time? — A. Yes, sir. (I. What did the sheriff do? — A. The sheriff went down heie [indicating] and went out of the creek and over there, and told them to sunvnder— lie and Mr. Owens both. Q. Did you hear them ask the Indians to surrender? — .\. Yes, sir. Q. Did you know which Indians he was talking to or any one in particular? — A. No, sir. Q. Did you see him when he did that as well as hear him? — A. Yes, sir. Q. Tell the court exactly what you saw him do. — A. I saw him have his gun in this hand and hold up his right hand this way and hollow to them to surrender. Hollowed to them three times. I think Mr. Owens hollowed twice. Both cari'ied their guns and had their hands up this way. Q. Did he speak loud enough so a jierson could hear fifty or sixty yards? — A. Yes, sir. Q. What did you see next? — A. Next I heard a shot fired. Q. Where were you when you heard that shot? — A. Right down here by No. ii.on the creek. Q. How far would that be from the wire fence? — A. I judge I was about 100 yards below the wire fence, as near as I can rememljer. Q. Which direction from you was it you heard tliat shot? — A. It sounAK. »'.'.) (^ I>i(l voii si-f tin- man that lircl the shot — the smoke from liis riHe?— A. I -aw the f^niokf raise tliere, hut ] ilidn't see tlie man tliat tired tlie shot. • 2. Whifli tUrectioii Irom that corral was it yoii saw that Mash of smoke'.'— A. I jii(l<:e it was up here riyht close to tlie corral. (^ lldw far was that from where the slicriff wa.<'--A. 1 judjre it was ahoiit 1(m> or l."i(t vards. I couM not say exactly. (^ Who, if anyone, wa.s in siy:ht of the Imliaiis ai ihc time that lirst shot was made'.'— .\. Mr. Owens an with the L'un. or what did he ajipear to he doiu. Where were the different ones located? — A. Locateil just a little below him. <^ What was he doing? — A. There was a liorse, and he was starting across this wa\ . <). What was he doing'.'— .\. The other three Indians? <). Tell me where you saw these other three Indians, and what they were doing? — A. I saw them horst'back, and they were riiliug toward this creek. (^ Where did you see any otlu'r" Indiau.s?— A. 1 saw this .lesse Little War R)onnet right in here between the creek and the corral. • 2. I»i tlu-re right straight west of where Mr. Falkeiiburg fell'.' — .V. No, sir; l'di object to the (jue.stion. It is calling for an o])inion. 'i. Stati' how it looked to you at that time".' — A. It seemed to nie like I heard 1"> ..rl'O shots, but I coul.l not count them distinctly. I diiln't try to, but it seemed like about that many. ii How long did this shooting continue?— .\. .\s near as 1 coidd tell lu-twi-en three antl five minutes, ])ossibly five mimites. il What did the Inilians do after the shooting began?— A. Some of them was ruiHiing away. .\ little while after a volley or two was lireil, I got up nut m| this crtM'k bed by No. it, if that is meant for a tree. (l .\ re there any trees along there'.'— .\. Yes, sir; there are trees along there. I got right u]) in between this tree ami there was another tree here. Then" was a big tree where Mr. .Miller fell, and another tree. I got up between the two tn-es. 1 seen shots coming from that way and striking in front nf me. il Was there any one killed as a result of this shooting you hav<- been tellim: about".' — A. Yes. sii; Mr. Falkenburg and ^Ir. Miller. (2. Any Indians killed'.' — A. Yi's, sir; three Indians killed. <). Wliere were Mr. Falkenburg and Mr. Miller killed? Point it out on llu'map.- .\. What I remember of the country, Mr. .Miller was right behind a tret — a little bit to one sifle of a tree. When he was shot, hi- fell over and crawled behind the tree. H. You saw Mr. Miller?— .\. I never seen Mr. Falkenburg hit. I wasn't looking that way. - wounded'.' — A. There was a woman wounded we met afterwards ami brought "back. 70 SIOUX INDIANS OF PINE RIDOE AGENCY, S. DAK. Q. Where were they when you found them? — A. I wasn't with them when they brought them in. I was at the ranch. Q. You say this lasted three to five minutes. What did you do after that, after the firing ceased? — A. Went and got Mr. Miller and took him down stream and car- ried him up to the cabin. Q. Did tlie Indians during the time this shooting occurred — (hd they disappear? — A. They all disappeared. I could not see any more after the shooting ceased. Q. State whether or not there was any shooting after the Indians disappeared? — A. No, sir; there was not. Q. Did you see where Mr. Falkenburg or Mr. Miller were shot? — A. Yes, sir. Q. Where were they shot? — A. Mr. Falkenburg was shot in here below his neck. I never watched to see where it come out. Imt it went in right here [indicating]. Q. Where was Mr. Miller shot? — A. Shot in the leg. [Indicating right thigh.] Q. ?Iow long did Mr. INIiller live? — A. ]Mr. ]Miller lived about thirty nnnutes. Q. AVas the wound he received there the direct cause of his death? — A. I think so. Yes, sir. Q. Can you name the Indians that were killed there? — A. Yes, sir. Q. Who were they, and where did you find them, or where were they found? — A. The names I was told — what they told me their names Avas. That lady they had at the cabin told me her grandfather was killed and her father was killed. Q. Do yt)u know what the names were?- — A. Yes, sir. She told me their names were Black Kettle and Gray Bear, and I knew Charley Smith. lb* died last. Q. There was a boy? — A. Yes, sir; there was a boy killed. I don't know his name. Q. Did you examine the Indian wagons to see what was in them, at this time or afterwards? — A. We examined them after the battle — next day. Q. What did you find in them? — A. Found lots of antelope meat and antelope hides. Q- How many wagons did you examine? — A. Three. Q. How manv antelope or deer hides did V(,in fmd in those three? — A. Between L'n and 30. Q. When did you first join the posse? — A. Friday, the '2'.)<\. Q. Where did you first strike the trail of the Indians? — A. First Imiich we took into Newcastle. Q. This bunch? — A. First found them on Porcupine Creek. Q. What county is that?— A. Weston County. Cross-examination by jNIr. Buiuck: Q. I think you said when Mr. Miller read the warrant to ]Mr. Brown he said he would go? — A. Yes, sir. Q. And you say you didn't arrest them on that day? — A. No, sir; they wouldn't go with us. Q. No arre.st made then? — A. I don't exactly know what you mean. Q. On this second day how many Indians did you see — how many Indian men that you actually saw? — A. When we first came over the hill we saw about eight or nine. Q. They were near the gate? — A. They were close to the gate and below the gate. Q. They were driving a bunch of horses or ponies? — A. 1 never seen them drive any ponies. I saw two or three wagons. Q. Any ponies there? — A. Was some in wagons; some riding. y. Did you see any girl there? — A. No, sir. Q. You left the roa(l and came up the bed of tlie creek? — A. Yes, sir. Q. Did you see -Mr. Smith when he fell? — A. No, sir. Q. You don't know which way he was facing when the shooting commenced? — A. No, sir. Q. He was down in the bed of the creek; you were over the Imnk? — A. He was l)elow; I was up the other way from where the other l)oys were. Q. He and ^Ir. Owens were the first ones to go up over the l)ank? — .\. .Mr. .Miller and him. Q. You say they raised their hands and demanded them to surrender? — A. Yes, sir. (^. Who did they address that to? — A. I suppose to them all in general. Q. It was in Fnglish? — A. Yes, sir. ij. Wasthcreany Indianin his hearing that could understand I'jiglish? — \. Yej;. sii'. (]. What one was that? — A. I don't know any certain one, hut they was all around. They were closer to him than we were, I should judge. (i. You don't know there was anyone there that understood Mnglisli in his hear- ing? — A. Mr. Smith was there. (I. Where was Mr. Smith? — A. I didn't see him at the time. SlorX INDIANS OF riNK KIlXiK .\(;KN'('Y, S. DAK. 71 n wi-rc'.' If the tof> of tlu' map is west, it eame fmm west nf u ju-n' ymi WfivV— .\. it caiiir Inmi the rorral across that way. • 2. It came from over in tiic direction in wiiicli Mr. Smith was, towani .Mr. Miller and Mr. Owens?— A. It came toward Mr. Miller and Mr. Owens^ It wa.>< in front of them. I seen the smoke. <2. Yon heard, as I understand yon. aluuit I'D shots'.'— A. I expect lu'twccn 1") and L'(t shots. <^ That is all you lu-ard?— .\. That is all I heard at onetime, I thoUL'ht: hut there was more after tliat. That is what 1 tlionirht I heard in one volley. <2. .\hont that nund)er in one volley? — A. Yes, sir. <2. I>id von fire? — .\. Yes, sir. <]. .\11 those with you tired, did they? — A. I ut alter tiiey had heeii shooting a while, I seen him. • ^ You didn't see I'.idw n t here any where? — .V. No, sir; I didn't the sec(tnd day. 72 SIOUX INDIANS OF PINE RIDGE AGENCY, S. DAK. Q. You didn't 8ee but about 9 Indiana tlie second day? — A. As near as I could judge. Q. The first day you saw something Uke 20 or more? — A. Between 22 and 25, as near as I could judge. (l. How many wagons did you see the second day? — A. Between 2 and 3 wagons. (I. The first (lay how many wagons did you see? — A. Fifteen. Q. So, from all you know, all of these Indians may have been off in another party the second day, with the exception of Jesse Little War Bonnet? — A. Yes, sir. Redirect examination by Mr. Mecum: il. 1 understood you to say that when Sheriff Miller and Mr. Owens demanded their surrender they were about as near the Indians as they were to you? — A. Yes, sir. Q. And you could understand them when they made the call? — A. Yes; I coukl hear distinctly. Cross-examination by Mr. Burke: (2. What was it he said to them, the words? — A. He said "Surrender." Q. Just the one word? — A. Yes, sir; "surrender." (]. That was the word he used? — A. Y"es, sir. Q. Did he say who he v\'as the second day? — A. Xo, sir; 1 didn't hear him say. I just heard him say surrender; he said surrender twice, then Mr. Miller said "sur- "render" three times. I think Mr. Owens said surrender twice. After he said it the second time he said, "You are prisoners." Q. Mr. Miller said that?— A. No, sir; Mr. Owens said that. Redirect examination by Mr. Mecum: Q. You say you only saw three wagons; where were those wagons you saw? — A. They were going down; traveling back again. Q. Turned around and going back the way they came? — A. Y^es, sir. Q. On this first day when you were talking with the Indians on this crossroad you spoke of, did all of the Indians seem to understand and agree to do what Mr. Smith directed them to do? — A. Y^es, sir. Mr. Bi'RKE. We object to that cjuestion; it is irrelevant and immaterial. Q. Did you see Mr. Smith when he motioned the guide to go on? — s\. Yes, sir. Q. At tiiat time what did the Indians do? — A. Most of them rode up, was going by, and motioned with their hands the same way as they did to the guide. Q. All of the Indians along in the train did the same? — A. Y^es, sir. Q. Of these Indians how many were in that train at that time? Was this Chai-g- ing AVolf and Jesse Little War Bonnet and Broken Nose all in that wagon train then? — A. Y^es, sir. Q. On this first day near this crossroad on which you wished to go, state a little more fully what was done by the Indians when the sheriff tried to get them. — A. Most of them rode up there and most of our boys, and I and Mr. Hackney was behind them, .lust nearly behind us one or two got off their horses and stood there, and one old Indian tlirowed dirt up in the air. Q. How many Indians were behind j'ou? — A. They were on all siiles; 1 could not tell exactly. Q. All of the Indians of the party? — A. Some of them were ahead of me, some on this side, some on that side, a few laeliind me, and some in the lead, then in the placi' where Mr. Miller and the rest of them were. il. You say one Indian threw up dust; do you know wIk) that was? — A. No; I could net see. Q. Did he say anything when he did that? — A. No; he did not say anything. One ()f the squaws was singing a song; I know it was kind of a blood-curdling song. Q. How long did it continue? — A. When they first started to ride up in the leail, the last I heard of them; when they drove away it was the last I heard. Q. What was Jesse Little War Bonnet doing "at the time? — A. When they all went away we caught u]) with the rest of them and we was talking. ^Ir. Miller was talk- ing about going to the Fiddleback; he was behind us and rode close and rode through us a time or two; when we stopped he rode along then and rode In'tween us; when we stopped he stopped. He said (Miller) he (lidn't tiiink there was any show to take them; tliey wouldn't go; he said maybe there was a hill that we could get n\) to, and maybe we could get behind that, then we could get them to surrender and they would go with us. He had no more than said it than Jesse War Bonnet rode up toward two or three others. il. When you say this dust was thrown up in the air, and this woman sang a song, what did the other Indians do? — A. When he first began it they all rode ahead, then he threw u)) tiicdirt and they didn't do nothing; they was kind of all ai- ('. |).\\is. a witness callcil un IH-Iialful tlii'Statf. Memj; nt tlic trnfli, tc and resiilem-e. -A. .lames ('. Davis, New i-astle. Wyo. <^ Were yon afir. * i. Wiio do you reeo^nize here that you have seen liefore? — .\. Jesse Little War r.onnet. Q. Where tlid von see him? — A. It was on Dry Cheyenne K'iver. il When was that?— .V. It was on tlie 30th of'( K-toher. (]. Of what month? — \. Last month. • 2. Was that in this eonnty or Weston County? — .\. In this coimty. (]. Did you ever si-e him after that time? — .\. 1 did. i]. When and where ^vas that?— A. At the liLdit, i}. That was the next day? — .\. Yes. sir. i^. .\re there any of these other Indians that you can identify a.s seeing' on the.'loth or .Slst day of Octi'iher, l!H):>?— A. I can identify" two 1 saw on the :U)th. (^ Whieh are they?— A. James White KIk iiiid lied Paint. <^ Which .lay was tliis?— A. The (irst os.se that went out to arrest the Indians on the .'.(Hh?— A. Ye8. sir. (^ (io on an^a\v tliere: what you heard stated by the sheriff or his men to the Indians, ami by the Indians that talked to the sheriff? — A. It was on the 80th day we went into the cami) on Dry Cheyenne Riyer and the chief of the camp was not in at that time, .so we .sat annuiil thi-re and waited, I jiuess, until about 4 o'clock; and when this Mr. Charlie Smith came in, ]Mr. Miller went oyer to him ami aski'd him if his name was Smith, and he said it was. lie said, " I have a warrant for your arrest." and he took out the warrant and read it to them; and he said. "Mr. ^Miller. I know your business as well as you do; I am no tVxjl, and I am not crazy." lie says, '".^s tar as you takinir nie to Newcastle, I will not go; I don't live there." Then ^Ir. Miller says, "You know that my business as a sheiiff. as I have a warrant, is to take yon, if possible, without any troidilc" lie said if we was looking l^r tmnble wc would jret all we wanted. r after this ilid you remain at this camii? — .V. .Muiut 4 o'clock or a little afterwards, when they broke up camp ami started, as wc supposed, to l'o on into town with ns. <2. Durin-: this time did liie ones that could talk Ilnglish, .Mr. Smith and Mr. r.rown, talk to the Indians al)out this warrant? — A. They ation while we were talkinjr by ourselves. We went out, the whole cainpstarteoimet? — A. On the olst? Q. Yes. — A. That was down on the river, just as I showed you, coming out of tlie road down toward the bank; jumped off his horse and drawed his gun; had liis gun in his hand ready to fire. il Was he standing up or lying down? — A. He Avas standing up; he jumped off his horse. 0. You say he was ready to fire? — A. Yes, sir; he Avas pointing his gun. (I. How far was he from you? — A. Probably 150 yards from me: he was closer to ^omt' of the other boys than he AA'as to me; I Avas at the upper end. Slor.X INDIANS (•!• I'INK KIIk;K AiiKNCY, S. DAK. ( ;> <>. Did Villi I'xaiuiiie any oi tlie wajums this day or tlie next day to si*e wliat was in tliL'ni".'- A. I didn't; I wasn't theiv at that tinif. I left tlio next day with tlic Imdies; 1 di(hi't have any time tu exaiiiinc tlie wafjoiis. r I'd Indians liriii^r tliere. lln\\ many did ynii si-c any time (hirini; the time y<>ii were lirimr or thev were lirin^'V — A. I said all tlie way from lo to 20. <^ Wliirh way were they lirin^'. from tin- west or tlie southwest? — \. They were (irinos.>^e fired'.' -A. Yes, sir. <2. And of the total, yon think there were thirty or forty shots iired'.' Now call on your memory. Don't make any jruess at all. Yon know it is an awful serious thinj: to i:ue.>^s in a eriminal case where a man's life is at stake. I don't make any threat, onlyeall your attention to it, heeause the leL'islatnre has made the penalty of death lor swearing faiseiv when a man's life is at stake. How manv Indians did vou see'.' — .\. 1 will say I'O. '^ Arc you sure you saw 20'.' — .V. Yes, sir; I .osse say they "lidirt see mon' tiian "■■>. how could have you seen 20'.' — .\. I could have seen 20 if I looked sharp. 1 saw them: I saw 20 of them. (^ You didn't stop to count them'.' — .\. Yes, sir; I did count them. 1 had time enough to count them while Mr. Siieriff Miller was going up to talk to them. <^. How long was the line'.' — .\. 1 should judge, as I told you. alioiit l.")0 or ;;iM» yards. ii ^ards loiiu? — .\. Twenty men. \'i wagons. <,>. Did you count the wagons'.' — A. Yes, sir; 1 did. f}. They were scattered along one after another'.' — .\. Yes. sir. . You .say that tin- first .«hot lireil was Iired hy Mr. < )w«'ns'.'— .\. I didn't say so. <^ What dill yon say'.'— A. I didn't say he (ireit the first shot. <^ So that what you meant to Ik- understood. Mr. Owens Iired ihe lirst shot on the jiart of the iioss»''.' — A. The Imlians linil the lirst shot, just as I said hefore. <^. Where did it come from'.' — .\. Down from the south — some place along there — 1 could not tell exactly where. •^ Did vou see Mr. "Miller when he fell'.' -.\. I didn't see him w hen he lirsl started to fall. ■ '2- Diocation of sound. SIOIX INDIANS (il- I'INK KllXJK ,\(;i:N(V. S. 1».\K. il H. B. H \( KNKV, calk'd a^ a witness mi lu'liall of tin- inost'cutiun, aiit «luly sworn to testify the truth, tlu' wliolr truth, aiif mixed; handle a little stock., ami rest of the time I work aronml at anythin>r 1 can liml to do. I live in Newcastle. <2. Were you aniuainted with William H. Miller, the sheriff, there? — A. Vis, sir. i]. Were you with him on the ;>Oth day of Octohi-r. HKCr.'— A. Yes. sir. <^. How did you hapjjen to In- with him'.'^.A. Simply because he wanted me to «;o with him fi)r the pmposc of lookinfr after sonic Indians who were rc].urtcil killinir ^'ame. <2- \\'herc did you jjo from Newcastle? — .V. Mr. Miller wasn't with u> the tir.-t day; he had other business. lie didn't start with us the day we left Newcastle; I l)clit've it was the niornino you know what county that was in'.' — A. No, sir. *}. !>o you know liow far it was from the line'.' — A. No, sir, I don't. I l>eli<'ve it it to be in Converse County, but I could not answer, for 1 never asked. • ^ Who did you see at the Indian camp'.' — A. 1 saw a number of Indians there. • 2- I'o you recoirnize any of these Indians beff>re you as the Indians you saw there that re.>^ent'.' — .\. Yi'S. >ir: l>ut not when lu' lirst rea Q. Did yuii ?;fc liini when lu' ^ot off his Imrst''.' — A. Yt s, sir. (2. Wiiiit dill hf ilo? — A. Got off and ^'ot down to tlio »rronnd close and wtiil to lirinj;, l)nt how lon^r lie lired I can not say. »i. Did you see any other Indian lire'.'— .\. Yes, sir; l>nt 1 could not tell yiu what OUl'S. <^ Aliout how many were (iriii>r at you? — .\. I wouldn't pretend to say. It.'^cenied to nic as tlK)Ujih every one else there hail a ^un he was shooting' a couple of times apiece at once. (2. Was anyone killed or hurt? — .\. There was two of the white men kilhtl -Tilly Miller and a man I had never seen before until that ilay. 1 l)elieve they called him Falkenher<:. n. Was he shot l)y the Indians? — A. lie undoulitedly was. Cro.^s-exanunation by Mr. Bikkk: (I. Did you see this man Je.sse Little War Bonnet Hre his jruu off, or was l.i- siin- plv in position to fire it? — A. I am positive he sliot once, hut I wouldn't say he shot more than onie. Q. He was no! Iirin>: at tiu' heirinninjr of the shootinji? You .siy he ;.^ot off his horse after the shootinji; l>ei;an. — .\. It was ju.st about the time the tirst sho(itin<_' t'om- uienceil. (l It wasn't the first shot'.' — A. It wasn't the first shot. 1 wouldn't say he di you know where Black Kettle was, the man that was killeil? — A. No; 1 didn't see him. I will explain to you. 1 ilidn't know nothingof the fellow, because wt' didn't examine the jrround that nijrht and I got my ankle badly sjjrained and never went back to the field next morning, so I know nothing of the location. (^ And that is the only Indian that you can identify among these that were shooting?— .\. That is the only one I can say was shooting. • ^ He Hed uj) the stream from there? — A." The last 1 saw of him he was running uji the stream. (l Tiiey ad tleil away, the women, the chilch'en, and tlie wagons? — A. I should think they staid and fired, I will say about two or three rounds apiece, gue-ssing now, before they ran. (^ Then they" all ran?— A. Yes, sir. (i. You say the sheriff said "stop;" is that the word he used? — A. That they are the exact words, I (» miles that night, t'! — A. We left them; I had no watch; it was about sundown when we went away from them. 80 SIOUX INDIANS OF PINE RIDGE AGENCY, S DAK. Q. The next day you met them abmit nO mile^< from tliere, ytill travehiiii' toward the east in a general direction? — A. Yen, ssir; they were travelini^ down Liifhtninu- Creek. Jack Moore, called as a witness on l)ehalf of the |)ro.secution. aiul being first duly sworn according to law to testify the trutli, the whole truth, and nothing l)ut the truth, testified as follows: By 3Ir. Mecum: Q. Please state your nauie and residence. — A. .lack ^loore, Newcastle, Wyo. Q. Were you with the sheriff's jkissi' on the 80th and lUst days of Octolu'r, 190.'!? — A. Yes, sir. Q. Were you acquainted with one William FI. ^liller? — A. Yes, sir. Q. What official ])osition, if any, did he (urupy? — A. Sheriff of Weston <'Ounty. Q- How did you happen to lie with him? — A. I was sworn in as a deputy sheriff. Q. For what purpose were you sworn in as a deputy sheriff? — A. To go out and arrest some Indians that were violating the game law. Q. Did you go with the sheriff? — A. Yes, sir. Q. Did you see any Indians?- -A. Not for some time. Q. Did you see any Indians at all on this expedition? — A. Yes, sir. Q. Where was it you first saw them? — A. Two bunches; the first bunch the second een hunting in your county? — A. I could not swear to it myself, the supjiosition is they were. Q. You found their trail in that county, and tliat was the general report? — A. Yes, sir. Q. State now, after you w'ent to the Indian camp on Friday afternoon, Friday, the 30th of October, just what the sheriff did, what was said by the sheriff and by the Indians, and what was done there at the camp. — A. When we found the camji the sheriff rode up to the camp and started to talk to one of the Indians; he tlidn't seem to understand him very well. He asked wliere Smith was; he said Smith was out hunting. One fellow rode down the creek and acted like he was trying to get away somewhere; this Indian that was talking to Miller told him there was an Indian that would go out for Smith, and went to liim and l)rought him back. ^Meantime we stayed around there. After this man I'ame havk he went out looking for Smith. Q. Did you see Sheriff Miller serve any warrant upon the Indians? — A. Not at that time. Q. Any time during this day? — A. Yes, during the day, when Smith came into cam}). Q. Will you please look at these men and state whether you recognize any of thest- Indians as being persons who were at that cam]) on the 31st day of October? — A. One of them I recognize. The fellow with a blue handkerchief or green handker- chi&f, Jesse Little War Bonnet. Q. Any others you remend)er seeing there tliat day? — .<. One 1 did, Fool Ht'art; that is all I rei-ognize. Q. About how many Indians were present that day? — A. Between 20 and 2."> bucks. Q. Women, children, and wagons were there? — A. Yes sir. Q. Did you see them the next day? — A. Yes, sir; I saw them the next day. (^ Wliere was that?— A. The first time I saw them the next day was Di'v Creek, I believe, they call it. 1 don't know the lay of the country. I could not tell, but as far as I could see it was north of the Heaver dams, wherever that is. 1 had been following them all dav. Slorx INDIANS (»F I'TNK RIIXIK AdKNCY, S. DAK, HI *l. Wert- Vdii oiii- (if till' iiirii that folluwcc] tliciu ilhIIi of tlie Fiilcllcliack lamh'.' — A. Yes, sir.' (^. Wert^ thesi' tlu» saiiic Indians voii lialainly see where they traveled? — A. Yes, sir. <^. I low did you know it was an Indians' trail you were on until you came uji to them? — A. It was just a su])iiosition it was the Indians' trail. There we saw many pony tracks an*! wajron tracks. *i. When you overtook them.ahout how many Imiians diil you >cc and how many wayons? — A. Fiftet-n wa<:ou>. (i How far (lid you follow them?--A. 1 could not say how far it was; nnist have Keen .somewhere between 25 and .'Jo miles; they drove all niirht. (I. Are von one that rode ahead to notifv the po.sse the Indians were comnifr'.' — .\. Yes sir. <,;. How near where the |ios>e were were the Indians when you left them? How near were the Indians to this battle Lrround before you left them, when you la-t .-aw them? — A. Must have been between three and four miles. (.2. Wliieh way were tlu'v travelin;:; on what road? — A. I don't kiKiw which way they were travclin>j:. 1 don't know the lay of the couuti-y, but I should ,siy they were travelinjj: southeast or east. Q. They were travelintr down Li'rhtninry Creek, the l)eaver dams, whichever creek they was on, riplit in the bend. (2. Did you see the same Indians airain that day, after you >:ave notice to the j.os.se? — A. That was when the lijrht took place, that was the next time 1 saw them. (1- How far were you from the Indians when you first saw them before the lirlasses and so did I. <2. You were at the battle were yon?— A. Yes, sir. i}. Will you look at these men and see how many you can identify as beinir jiresent at that battle'.' — A. Only one I can swear to, Jesse Little War lionnet. <2. Where was he when yon siiw him'.* — A. Ridinj: in the lead. Eiirht of tlxMii were ridin' down theii'arms. <2. Hid you hear him ask the Indians to snrrcndei?—.\. Yes, sii'; I was within ."iO ii^et of him. (2- How far was he away from you, anil how far from the Indian.^'.' — .\. Thirty feet from me when he lirsl halloocl to them. I le could not have lieen over L'."> yards from them. • 2. Was there any shoolinj,' occm-red there? — A. Yes, sir; shoot in;r oecurred. (}. Did you hear the lirst shot, or .«ee it?— .\. I could not say I .siw it; I heard it. • 2. Where were you when the lirst shot was lired; can you locate it on this niaj"? — \ I could not locate it on that maji. <2. Can you state where you were'.' — I conld draw a better map tlian that myself. C2- Can yon locate about where you were witii rei'ercnce to ihc Indians on the map'.' — A. I could not; no, sir. <2. How far were you from the Indians? — A. I wa< probably any wlwre lietweeii .o yards and •")(). <2. How I'ar was this.lcsse War Honncf from you?— .\. This Indian here? s. Doc. i-j.s - •; 82 SIOUX INDIANS OF PINE RIDGE AGENCY, S. DAK. Q. Yes; how far was he from j'ou?— A. When I first saw hiiu he wasn't very far, but l)y the time he got through running he was a long ways. He started to run aboutthe time we rode up to him. Q. What do you say he did, if anything? — A. I saw him turn and run, and stop and take one shot and turn and run again. Q. With reference to this gate or wire fence, where was he? — A. Inside the wire fence. Q. Tliat is north of the wire fence? — A. I don't know whether it is north or not. Q. Did you see him shoot any after that? — A. No, sir. Q. What were all these other Indians you saw there doing? — A. I could not say I saw any of these there. Q. How many of these did you see at the fight? — A. I can say at least eight. Q. Were all of those eight taking part in the fight? — A. That's all I noticed taking part in it. Q. Did YOU see any other Indian men that were not taking part? — A. >To, sir; I didn't. Q. Was there anyone killed or wounded as the result of this fight? — A. Yes, sir. Q. .Y^ou say you heard the first shot; which direction from you was it? — A. Right in front of me, a little to my left — must have l)een west, the sun was just setting. Q. You were with the posse? — A. Yes, sir. Q. Who, if anyone, was killed at this time? — A. Sheriff JMiller was shot; Louis Falkenberg was shot. Q. ^\^ere they both killed? — A. Louis Falkenberg, you might say, was killed instantly; Sheriff Miller lived about 30 or 40 minutes after he was shot. Q. About how n)any shots did you hear coming from the direction the Indians were located? — A. I don't know how many shots; they were coming pretty fast. I should judge from 75 to 100 shots at least. Q. After this first shot, who fired the next shot, do j^ou know? — A. Xo, sir; I don't. Q. Was it a white man that shot that first shot? — A. Xo, sir; not that I know of. Q. These Indians that you saw, did they shoot while they were running, or stand still to shoot? — A. I didn't see a man stand still to shoot; they all dodged behind something or tried to get away. Q All the Indians you saw seemed to l)e resisting the officers, firingtoward them? — A. Yes, sir. Q. I will ask you if you examined any of the wagons after this l)attle? — -A. Yes, sir. Q. How many did you examine? — A. Three. Q. What did you find in them? — A. Found jerked meat and antelope hides. Q. About how many antelope hides? — A. Between 20 and 25; I just forget the number; anyway between 20 and 30. If I remember right there were 23. i}. Did you know how long this band of Indians had been in AWston County? — A. I know about when I saw them when they went through Xewcastle. Q. How long? — A. I should judge about three weeks. Q. Did you talk with them or hear the sheriff talk with them to see where they were from— where they belonged? — A. Yes, sir; I talked to them myself. Q. W^here did they say they were from? — A. Pine Ridge Agency. Cross-examination by Mr. Burke: Q. 8o you don't know who fired the first shot? — A. Xo, sir; I c(3uld not swear who fired it; I could not swear what Indian fired it. Q. Did you locate where Black Kettle fell? He was one of the Indians killed. — A. Yes, sir. Q. Did you locate where he fell? — A. After the fight was over. Q. And the first shot came from the direction of where he was?— A. Near about; yes, sir; it was in that direction; I wouldn't say positively it was down that far. Q. And the only Indian of these here that you recognize as being there participat- ing in that fight is the man Jesse Little War Bonnet? — A. That is the only one 1 recognize as l)eiug in the fight. Q. And you say you first saw him near the head of the procession of Indians? — A. Yes, sir; there were eight of them riding abreast. Q- Where was he when he shot? — A. I should judge he was prol)al)ly 30 yards from the gate at the time he shot. ii And fieeing to the rear? — A. Yes, sir. (^ Tiiey were shooting at him and the others when lie shot back? — A. I could not say anylxxly was shooting at him; he was too far; he was up to the right of where the fight stai-ted; was trying to get back there. Q. Was trying to get away? — A. Yes, sir. SlOrX INDIANS OF IMNK KIIKJK ACJKNCY, S. DAK. 6S (.2- TIk'U tlicy all tricl tiij.'i-l away? — A. Tiiose that stou.l there .liiin't try t«i ^ay? What was his laniruaye when he went up out of the ereek l)ottom tiiere? — A. He asked them to surrender, to lay down their arms. <^. Was that his lauLMUiL't-? — A. It was to tlie ,>^ann' effect. (]. Ditl you see Smith there at that time? — .\. I did not. <^ < )r Brown? — .\. No, sir; not at the time Millerasked tiiem to surren lirst er, Mtd.T' — A. Yes. sir. lease look at the.se men and see if there are any you can idtiitify as beinjr present at this battle? — A. One I recoj^nize; that youn;,' fellow in the micldle with the lijrht pants on. (^ Jes.«e Little War Bonnet?— A. Ye.s, sir. *]. Any others you recoirni/.e? — A. No, sir. (^ How far were you away from Jesse Little War Bonnet or any of the Indians that were (irinji that day? — A. .Mujut L'o yards, I should juiIl'c. • ^ How many Indians did you .«ee there? — A. Al)out liO, I should judir*-. i]. How many wa>rons dicl yon see? — A. I .seen aliout 10. <}. What did the slieriff asiu most ol' the time. (^ What county is that? — A. Weston and Converse, right on the line. (.1. Did you hear any answer from the Indians after thy demand of the sheriff? — A. Nothing; only the report of a gun was the next thing I heard after he asked them to surrender. Cross-examination by Mr. Bukkk: Q. You don't know who fired that first shot, do you? — A. No, sir. Q. You were in the creek bottom, were yon not? — A. Yes, sir. Q. You don't know whether that was one of the posse or whether it was the Indians who fired the first shot? — A. I could not say. Q. You had as good an opportunity to observe as any of the i)osse from where you wert? — A. No, s-ir. il. That is, anv but Mr. Miller and Mr. Owens?— A. No, sir; thev were in the lead. il. They were in the lead and had the l)est opportunity to observe; otherwise you had as good an opportunity as anybody else? — A. Yes, sir. Q. Why do you say -Mr. ^Miller was shot by the Indians? — A. I saw an Indian shoot at him. il. You didn't see any of these Indians shoot at him? — A. I could not say. il. That was after the shooting had become pretty general? — A. Yes, sir; it was getting pretty warm around tliere about that time. Q. The Indians generally were fleeing? — A. No, sir. Q. The wagons had turned? — A. Some of them had: some of them had not. Q. Were there some of tliem fleeing? — A. Not at that time. Q. Now tlie procession was headed, was it not, by a bunch of horses — of ponies? — A. Yes, sir. (.1. Did you see a girl driving tliem, or some one driving the jionies? — A. Yes, sir. i}. The M'agons were going along with men in the wagons, and some of them riding horseback? — A. Yes, sir; most of them were horseback. il. None of them walking when you first saw them?— A. No, sir. il. They were on their way east going homi'?— A. I sup{)Ose so. SlorX IN'DIANS OF riNK KIlXiK AdKNCV, S. DAK. Sf) (^ Now, just wliat dill the slu'iiff s:iy w Iumi he went iiji over tlie Imiik tht re? Wliat wen- the wnnls lie iiseil'.'— A. IIi- said. "Stu]!; surrender," was ahuiit all I licard iiiui «ay. <^ I>id yuu see the man Smith, the IiuUaii? — A. Not at that time. • ^ i>id yuu see Broun, tlie Indian? — A. No, sir. (}. liow many of the Indians were sliot? — .V. 1 could not say. l^. How many did you see that were shot? — A. Four. 12- Four killeil? I low many were wounded? — A. One. (I. I>o you know iiow many more were wounded? — A. No, sir. (I. You har lianlleii out when he was doing the last shooting. <2. Hid I understanil you to say a girl was driving the ponies? — A. No, sir. <2. You say he was over southwest from you when you .saw him shoot?— .\. Yes, sir; he was toward the south, as near as I can tell, a little west maybe. (i Do you know how long the Indians had been in this county previous to the time of this battle? — A. No, sir. • 2. About how many shots do you think the Indians tired? Mr. BiKKE. I oljject to the (|nestion; it is not a matter of gue.ss; if he knows <2. Say about how many shots you say you heard the Indians (ire? Mr. BiiiKK. I object to the form of the que.stion. A. About loii, something like that. <2. ( Bv Mr. BiKKK. ) You are guessing at that, are you not? — A. No, sir. <2. Do you know what kind of guns they had, whether they were repeating? — A. Yes, sir. <2. ( Bv the C'onrr. ) Do you mean to say the Indians tired b'lO shots?— A. Yes, sir. <2. Was it one of the.-e shots that killedSln-riff Miller?— A. Yes. sir. Hecross-examination by Mr. Bikkk: ^2- Was there anyone killed or hit after you saw Jes.se Little War I'.onnet shoot? — \. No, sir. Re-redirect examination by Mr. ^Ikci.m: (,2. You say there were 4 Indians killed; where were they hit? Did you notice them after they were dead? — A. No, sir. • 2. Didn't made an examination? — A. No, sir. SiKiMiKN Fkanki.i.v, called as a witness on lu-halfof the pro.i(i yon follow the trail that the Indians took after the l)attle — where they left the ten w airons? — A. No, sir: I didn't. <^ Wliat wa.'^ in this one wa<:<>ii yon exaniineiiosed to he antelope meat, and antelojie hides. (i. In what condition wa.« that meat? — .\. ('nreurrender or halt of the Indians lu-fure there was any tirin^i at all? — .\. 1 did, sir. (I. How far was the sheriff from the Indians at the time he made tliis demand? — A. I sui)pose anythiuL' from ().i to 75 yards. Q. From the tone of voice he used do you think tlie Indians who lieanl him under- stood what he said? — \. Yes, sir. 12. Did you see him when he made the demand? — A. Yes, sir. l^ In what manner did he make it? — A. Called on them to stop. <.}. Make any motions? — A. Yes, sir; he did. t^. Was it innneiliately after this motion that you heard the tirst shot? — A. Yes, sir. C2. In what direction do you say that shot was from? — A. A little to the left in front of me. Cross-examination hy ]Mr. Hikke: Q. You say that somebody roile hack toward the Indians upon seeinrosecution and being first duly sworn, according to law, to testify the truth, tlie whole truth, and notliing but the truth, testified as follows: By Mr. Mecuji: Q. Please state vour name and residence. — A. John Owens; I live at Newcastle, Wyo. Q. Were you acciuainted with William H. Miller, of Newcastle? — A. Yes, sir. 0. What otficial position, if any, did he hold? — A. Sheriff of Weston County, Wyo. Q. I will ask you if you were with the sheriff on the 30th day of October, 1903? — A. That is the day of this occurrence; that is the day of the battle. (7. The day they went to the Indian cam])? — A. No, sir; I wasn't with him. i}. Were you with the sheriff on the next day, or the day of the battle? — A. Yes, sir. Q. Where did you join the sheriff? — A. I was at 8 or 9 miles this side of the old Fiddleback ranch, if you know where that is, on the Cheyenne River, in this county. I was building fences about 10 miles this side of the ranch when a couple of men wanted me to go along with the party. They said, "Get on your horse and ride out to meet the sheriff." I got on my horse and met the sheriff at the road. Q. Did he dejjntize you to go with him at that time?— A. Yes, sir. Q. For what purpose? — A. He wanted to arrest some Indians, he said, for killing game. Q. You went with him? — A. I did. Q. Where did you go from there? — A. Went over to Jake Mills's ranch, on Light- ening Creek. Q. When and where was it you first saw the Indians? — A. Near Mr. Mills's ranch; I could not tell you exactly how far. SlorX INDIANS <»K IMNK KllKJK AtJKNCY, S. DAK. S«) • ^ Niiw, with referenre to Mr. Mills's cami), w ill you please ti'U the rourt just which way the sheriff ami ]>osse went and wliere they went, and just what they did and what the sheriff said; tell ail al)nnt it. — A. If yuu will let nie tell you I will tell it in a very tew minutes in my own leeMe way. il. ( I'uintintr tti the map. ) I will ask yt>u if that is a fair repre.«entation of the country amund there? — A. 1 nelieve I understand this as you have explained it to me. This is the ranch, this the road U-adin;.' around, this is the wire fence. If I remember ri>rht we stayed in this cahin and came down this road; I may he mistaken. When we L'ot over in liere [indicatint: No. 2] — I think it was ahout in here that we saw tlu'se Indians; over here neai" this wire fence, condiijr down the matl. (^ What dill you do there at the wire fenct'? — \. W\' was ridintr alonj; down this road here and we saw the Indians cominii. and 1 .said to the sin-riff. ■"Tliere is your Indians." The hoys came in and .saiil there were ei^rht of them riding' in thi' lead. Ki^dit of these men we saw. 1 said, '"There are your eiirht men in the lead." Hut when the men saw us comimr — prohahly there was three wairons inside the there by that corral to our left this tiring commenceil. and there was general tiring. Q. About how far was the sheriff and your.-^elf from the Indians when you called to them to halt? — \. I should not think we was over 70 or 75 yards. (^ What kind of a day was it, still?— .\. Nice, sunshiny day. <}. Could the Indians, from the po.sition you were in, and loudness of your voice, have under.-todd what yon said if they understood English? — A. Yes, sir: those that understood Knglish. I am sure could. () to (>() yards. (^ The road from the creek? — A. Yes, sir. (]. How far were you from the creek".' — A. We nnist have been l."i to I'O yards, to the best of my knowledge. '2. .Now. where was the first shot lired from: did you see it'.' — \. Yes, sir; I did. • 2. Where was it? — .\. Over to our left, right up toward theciuTal .some place. Is that tlie corral? Then it must have been up in there some place the tiring was, lietwei'u uy and the corner of the corral. <^ .\boul how far from you was it'.' — .\. .ludge, I should guess it was between tiO and 70 y.irds; |)rol)ably 70 yards; from 50 to 70 yards. <^ Did any other Indians tire at that timi-'.' — .\. Yes. sir; still anotlu'r one off at our left tiring, and another from over there .some |)laee fireii. t^ Did you see the Indians, or simply the smoke'.' — A. I saw the Indians. * l- Where were they, on horseback or in wagons'.' — A. One of them on lior.-eback and the other two afoot. • ^ Just describe to the court what transpired after the first shot was lirecl. as near as vou remember. — .\. I believe I have told vou as near as I remeiid>er. |'^ Think you have told it all'.'— A. Yes, sir. <^ .\bout how many Indians were engaged in shooting at the posse; about how many Indians engageil in shooting at you'.' — A. Indeed, I could not tell you. The 90 SIOUX IXDIANS OF PINE EIDGE AGENCY, S. DAK. shooting from my right, and that bnnch I said we had tried to cut off; I didn't see any of that at all. The only thing I saw was at my left; I didn't see anything at my right, l)ecaiise I was pretty busy up this way. Q. \Vhat caused you to be busy up this way; did you see any Indians point at you? — A. They were shooting, too. Judge. Q Was there any shooting to your right? — A. Yes, sir; quite a lot of shooting to my right. Q. About how many shots did you hear from the Indians on the opposite side? — A. I could not say; there was quite a lot of shots tired from both sides — just how many I don't have any idea. I was busy at my left, down at my right I didn't see any of it. I knew that lighting was going on, but I never looked in that direction. Q. Will you please describe to the court why your attention was directed to the south — to your left? — A. Quite a lot of shooting from that direction; the sheriff was killed from that direction, to the best of my knowledge; in fact, I am positive. Q. What Indians were killed at this liattle? — A. I could not tell you only but what I learned after they were killed — fifteen minutes after that; I never seen any of these Indians 1)efore that. Q. What Indians did you tind dead at the battle ground? — A. We found a man that was recognized by these four squaws to be Black Kettle and a dead Indian lioy killed there. The one they called Charley Smith was shot and died the next day, and the girls buried one up in the corral. Q. Did you see an Indian called Black Kettle that was killed that day? — A. Yes, sir. Q. Where was he from where you were located? — A. He was south of me and to the left of me near the creek bank. Q. Did you see him tiring at the white men? — A. Yes sir. Q. About how many times? — A. I think he hred only about three times. Q. Was he by the road or between the road and the creek? — A. He was nearest to the creek, except one man. Q. Did you recognize who the other man was? — A. No sir. Q. Was he a man that was killed or got away? — A. He got away. Q. Charley Smith, where was he when you found him killed or wounded? — A. Down near the gate to my right. Q. Near the wire fence? — A. Yes, sir; as they were going north it was on the left to the south of the road. Q. And the boy with reference to tliis corral, where was he? — A. This boy must have been 35 yards from Charley Smith; in between him and the corral; in between the other boys and the corral. Q. And the other Indian that was killed — tliat you don't remember his name — where did you find him? — A. The girls had buried him; but I think I saw him fall •off his horse. The women folks buried him that night. I am positive I saw him. Q. Do you know where these Indians had been hunting — where they came from? — A. I don't know whether I saw them or nut. I have a ranch up on Antelope, near Buffalo, and there were a number of Indians came around there, but whether they were any of these Indians I don't know. There had been different hunting parties there; they appeared to me to be different hunting ])arties; they came along and camped at the water hole at my place one day, and the next day another one; it might be the same party, for all I know. Q. What white men, if any, were killed at this time? — A. Sheriff INIiller and Mr. Falkenberg were killed. Q. Where was Mr. Miller shot; where was the wound? — A. I didn't see him at all after he was carried to the house; I just saw him when he was shot, lying by the tree. Of course he was all covered with blood. I could not tell exactly, as he lay; I thought I saw the hole near the pocket. Q. Did he die as the result of that wound? — A. Yes, sir. Q. This wound was received during the time the Indians were shooting? — A. Yes, sir. Q. You saw the Indians pointing their guns that way? — A. I could not say who they were pointing at. They were pointing in that direction. Q. The Indians were pointing their guns in the direction of the sheriff's men, and shooting? — A. Yes, sir. Q. Now, when you were going from the cabin over to meet the Indians, about how far were you from the Indians when you first saw them?— A. I could not tell you exactly, l)ut I should judge 400 yards. Q. Could the Indians iilainly see your company at that time? — A. Yes; see it very plain; a few big trees up where they were and none where we were. Q. They didn't hide the view? — A. No, sir. SI(»rX INDIANS OK IMNK HIiXlK AtiKNCY, S. DAK. *.tl • ^ I>^ that a <.'»''nMally It'vd ((Hiiitrv. or hilly omiitrv. lu'twi-cii thi-caliin and the hattk- ;:rniiiur.' — A. It is a levi'l hottoiii l)el"uiv U*aviii;r the cahiii, only a Iru trees, aii'l alter y<>ii •;(> a little further away there is no trees sean-ely or no nnderlirush. «2. After the Indians lirst discovered yon w hat iee them take tlieii- rifles out of their scahliardsV — .\. 1 saw them tret- tiiij,' their ^'uns; yes, sir. l^. You say there is none of these Indians you can identify'.' — \. I can't identify any of these Indians at all. (l. How far was the jreneral body of Indians from you? — A. Part of them was i|uite a ways from us at our left. Therewas ipiite a lot wasn't elo., sir; I have not. (l Will you please look at them and see if there are any of them you can recognize'.' — A. S'o, sir; I don't recogni/e any of them. (.2- Did you take any note of the number of wagons or number of Indians there that day'.'— A. No, I didn't. Q. About how many wagons did you see'.' — .\. Judge, I could not tell you; if I rememl)er right, there were eak Knglish. vou knew'.' — A. Onlv what I had lu-cn told. C2. You think they understood what you want«'d? — A. Yes, sir; 1 tliink they did. Mr. KiRKK. I object to what he thinks. Cross-examination, by Mr. HfKKK. (2- On which siAK. V>8 1^ Villi kft'|i iM)>ses!;i<)n of ymir faciiltifs pivtty well? — A. 1 try Uk 1^ How many .sliot.s do you think tin- posse Hivd; j-oiild you haveany idea of it? — A. No, sir: I could not determine. • ^ They tireil i|uite as many as weir lind hy tin- Indian>? — A. They tired all the way from 2 to.) shots apieie. (I. You say the lirinjr was ipiite as rapid and ireneral from the posse as from the other side? — A. I think it was; the jtosse all had pretty jioods truns — repeatiiij: irnns — and shot pretty fast. (i. Mow much hiirher was tin- corral, shoulij you thini;, than wliere you were? — A. I coulil not say. I wouldn't try to say: hut we was down on level i)ottom; the creek ran riirht alonj;: this liottoni was toleralily level, and when you come to this corral it is on risimr trround. il. About how far away was it from you? — A. To the lu-sf of my know led;:e. iL'-'i or 150 yards: prohahly loO yanls. ii- And the ^aw where Mr. Smith was after he was left lying on the ground. (2. Did you see him when he was shooting'.' — A. No, sir. (}. Where was he wounded'.' — .\. Through the limbs. i}. Through his legs'.' — A. Yes, sir. <2. ( 'an you describe how the wound was'.' — .\. No; I don't think that 1 coul i. 1 dicln't see the doctor dress his womids. or anything. (^ I understand you to say the tiring was about as geneni! on one side as the other'.'— .\. Yes, sir. (,^ Were all the white men engaged in the shooting'.' — \. I tiiink they were. ("ross-examinatioTi by Mr. Bikkk: (i. About this wound of Mr. Miller's, the hole of exit, was that above or bi-low the hole of entrance? — A. Where the bullet should have come out? t^ Yes, sir. — .\. I flii"i"al there will you state where you were located, about how far, and what direction from the sheep corral? — A. Southwest; probably 200 yards. (2. From your position at that time could you see the Indians and white men while they were shooting? — A. I could not. Q. Did you hear any shots from where you were? — A. Y^es, sir. SI(»r.\ INDIANS (tF i'lNK KliXiE A(iKNCY, S. DAK. ^5 il Dfsi-iilu' just liow yi.u lu'anl tliu-c sh.>ts.— A. Tin.- lirst Hrini.' was oiu- (li>tiiK-t shot, or i>roltal>ly t\v<» or tlin't', ami tlicii tlu-v caiiit.' tlii<'k ami fast. (^ Did yuii siv any of the lii.liaus {hvw aitor tlu' battle or ilurinir the battle? — A. I (vmld see the rear en«l of the train «liiriii-_' the battle, but they wasn't ent;a'_'eil. ».2- About when' was the rear enil of the train or wa^'oiis when the battle be<;an? — A. It was probably 200 yards back from where the main tirinrKKK: (2. It was dayliirht? — A. Yes, sir; iu-lore sundown. Q. There were some of the Indians at the tail end of the train when you lirst saw it? — A. There would have to be drivers for the wairons. Q. So you say there were some of them at the tail end of the train, were they? — \. Yes, sir. (2- You didn't see them rushini; forward, did you. toward tlie fi'ont end of the train? — .V. I tlidn't pay particnlar attention. <2. You don't remember seeinid you see some turn back on the road they came over? — A. Ye.s, sir. (2. And some horsemen'.' — A. Yes, sir. <2. Those yr>u didn't see doing any shooting, did you? — A. I was out ot sight at the time of the shooting; that is, of the participants in the battle. t2. Were there two or three shots tired very close together to commenc-e with; did it make any impression on your mind just how it occnrred? — A. The lirst shot was distinctly by itself. I would have taken it to be a black-powder gun. It was a very loud report. il. Could you locate where that was from where yon was; did you at the time locate where it wa-".' — A. No; I ju.st noticed the direction, noticed it was southeast from wheie I stood. (2. And then the others came pretty rapidly from that on? — A. Yes, sir; after the first one or two shots they came pretty fast. Redirect examination by Mr. INIkcim: Q. You say there was one man running u]) toward where the battK' was before the shooting".' — A. Yes, sir; a hor.«ebacker. • 2. How long before the shoi>ting was that'.' — A. .lust l)efore tlie shooting com- menced. (2. At the time the shooting commenced you could not see any of the partici- pants".' — A. I could see the rear end of the train, but I could not see the participants in the battle. <2. On the rear enrner a justice of the peace in and for the county and State aforesaid, duly conunissioned and sworn: that all his otiicial acts are entitled to full faith and credit, and that his signatun- thereto is genuine. His term exi)ires first M(Hiday, January, IKOo. Witness my hand and otticial seal this 12th day of November, A. 1). H»03. A. L. TlTXAM, rniinh/ Chrk. In justice court. Before F. R. Cooper, justice of the peace. Criminal complaint. State of Wyomiu": v. John Doe and Ricliaid Roe (real names unknown). Filed this 22d ilay of October, IWo. F. R. Cooper, justice of the peace. Exhibit C. Crim'wal mnrnnf. The State of Wyoming, Counti/ of ]yeston, ss. To the sheriff, or rnnj constable of mid counli/, greeting: Whereas W. II. Miller has this day complained in writing to me, on oath, that John Doe and Richard Roe (real names tniknown) did, on or a)x)Ut the 19th day of October, A. D. 1903, at , in the county and State aforesaid, willfully, mali- ciously, and unlawfully kill It) antelope, and prayed that the said John Doe and Richard Roe might be arresteil and dealt with acconling to law. Now, therefore, in the name of the State of Wyoming, you are commanded forthwith to apjuvhend the saie Statt game fund after the accounts have heen approved hy the State game warden. The three assistant State game wardens shall t'xecutc a hond to the State of Wyo- ming in the jienal sum of ( >;i,(HU)i onethousaiid dollars i-ach; and all special assistant game wardens shall exi'cute a lioiid to tiie State of Wyoming in tlu' penal sum of (.S"i(M)| live huiidreepartment of the Interior of the I'liited States, shall not he incompatible with the otHce of special a.>^si.stant game warden, within the nn'aning of section IH of article ti of the constitution of the State of Wyoming. The State game warden shall tile with the governor a list of all assistant and special assistant game wanlens apjMiinted hy him. . llipiopriations — Neglect of dnti/ — PenaUij. Skc. L'Ki;!. There is hereby appropriated out of the moneys of this State, not other- wise appropriated, the sum of (^i>,()()l)) two thoasand dollars, or so nnich thereof as may be necessary for the year UHK-i, and the sum of (S2,000) two thou.sand dollars, or so much thereof as may he necessary for the year 1904, to he credited to the State game fund hereinafter proviiled for, for the years 190:^ ami 1994. Whenever the attention of the State game warden or of any a.rohibiteer first to December first of each year, and sage chitkens or grouse may be shot from .hily fifteenth to October fiftienth of each year, and if at any time any person shall be found in po.sse.ssion of any partridge, phea.«ant, prairie hen, prairie chicken, or grouse or sage chicken, at any other time than between the dates above mentioned, or an\' other of the fowls or birds nu-n- tioned in this .^^ection, exce[)t in the season, it siiall be ])rima fat'ie evidence that the same was killed, nettetl, ensnared, or trapjied by such i)er.son in violation of the i>ro- visions of law: Proviiled, That snijM', greenshank, tatler, godwit, curlew , avosct, or other waller or plover may he shot from the first e entitled to receive from such justice of the peace a license, which license shall permit such persons to pursue, hunt, and kill any of the animals mentioned in sec. 2107, or any of the game birds of this State, during the time allowed therefor of the current year: Provided, That nothing in this chapter shall prevent bona fide resident minors of this State from killing any of the game birds of this State during the open season. Amount of game Ihnited. Sec. 2109. During the open season of each year no i^erson shall be permitted to jHirsue, hunt, and kill more than two elk, two deei-, two antelope, one mountain sheep, and one mountain goat, and all gun licenses issued Ijy the justices of the })eace of this State shall state the number of animals that may be killed by the holder of SKM'X INDIANS OK PIN?: RID(;K A(}?:NCY, S. DAK. 1»)1 sucli liofiise. Kvery jier^on wlm sliall liavf pnioiirefl ami paid for a ^run lict-nsi- shall hi- entitU'il to tilt' u.si" and possi-ssioii of tlic wholf or any |)art of any animal killed in aciordancf with the provisions of this chaptfr; hut tlu- hartt-r or sale of the lar- cassfs. skins, antlei"s, tnsks or tnsk, teeth or tt»oth of the animals mentioned in thi»* chapter is herehy prohibiteil, and the possession of sn<-h carcasses, skins, antlers, tnsks or liisk, teeth or tooth in excess of the mimliir providetl for in this section shall be considered prima facie evidence of the violation of the provisions of this chapter. It shall 1k' a misdeint-anor for any person to have in possession or to liuy or sell any game or (ish in this State which was killed or taken in anotlu-r State, when the pos- session of or huyinjr or sellini; of snch <;ame or fish is prohibite-on shall be considered as eviiU-nce that such carca.-^ses, hea«ls, skins, scalps, teeth or tooth, tnsks or tusk were taken from animals which were killed in .«ea-son and according to law. The State game warden and his a.^sistants, and all sheriffs and constables of this State, shall have the right to search any camp, lamp oiitlit. iiack or pack animals for carcasses, hides, horns, .scalps, tei-tli or tuotli, tnsks or tusk, or any other jtarts of animals killed in violation of the jtrovisions of this chapter. Lircitsr iiiiikI hr rarrit'tl. >yA-. 2\\'A. It shall be the duty of all persons holding licenses as hcn-in iirovid«'d for to pnxlnce the same when demanded by any dniv authorized (illicerof the law. Each act of pursuing, killing, or hunting of any of tlie animals mentioned in this chapter without a lici'iise shall be considercil a distinct and separate offeii.se. The several lie carrii'r, or any of their aj^ents or employes, or other person or persons to receive or have in their jxissessioii for transportation any carcass, or part of carcass, hides untanneil, teeth or tooth, tusks or tusk, or horns of any of the animals men- tioned in this chajiter, exci'i)t as otherwise proviiled by law. Except that nothing in this chapter shall prevent shipping or transporting in any manner mounted heads or stuffed birds or animals to any point in or out of the State: Provided, That such birds or animals were not killed in violation of this chai)ter, or that heads or horns were not taken from animals killed in violation of this cl)ai>ter. Any person or persons or corporation knowingly transporting game or tish for market within or out of the State shall be ileemed guilty of a misdemeanor, and upon convi<'tion thereof shall bi' fined in the sum of not less than one hundred dollars nor more than live iiundred dollars for each consignment from one consignor to one consignee. Pro- vided, That none of the i)rovisions of this section shall apply to game or tish in transit through this State from other States and Territories. Stdte cxftmhier xliall f)iniisli li/aiiLs — Ihtti/ county deck — ApprojirUit'um. Sec. 2122. The county clerk of each county in this State shall, on or befon- .June first of each year, furnish to the State examiner a full, true, and complete list of names of all ju.^tices of the peace within his respective county, together with their ])ost-ofiice addresses. The State examiner is hereby authorized and directed to furnish to such justices of the i)eace i^rinted licenses and certificates, in accordance with the pro- visions of this act, prepared with stubs and coupons securely bound in books ami nund)ered consecutively. Such books, together with the stubs and any unuseil liienses or certificates shall be returned to the State examiner by the justices of the peace on or before I)eceud)er first in each year. For the purpo.«e of defraying the cost of printing licenses and certificates and paying postage the sum of two hundred dollars per annum, or so much thereof as may l)e neiessary, is hereby appropriated out of any fun;on or ])ersons to use dogs for the pur- po.se of running or coui-sing deer, antelope, elk, or mountain sheej), anjsarily employed by him in the discharge of his duties, and he shall l)e |)aid out of such fumls as the board may direct. Before entering ujion his duties he shall take ami sub.^cribe an oath before some otiicer authorized by thi' laws of the State to administer oaths to faithfully perform the duties of his ollici-. When- ever the attention of the county game and fish warden is called to any violation of the ])n)visions of this title, and he shall fail to take nroper steps for the arrest and conviction of any iier.^on or ])ersons or corporation charged with violating any of tin- |>rovisions of this title he shall be guilty of a nusilemeanor, and upon conviction thereof shall be fineil in any sum not greater than one hnndreil dollars and shall have his conunission revokething in this cliajifer shall prevent tlu' State game wanlen from appointing such de|)uties in each couiUy as lie deems necessarv, as hereinbefore proviiled. Nothing in this title shall appiv toanv private fish pond. 104 SIOUX INDIANS OF PINE RIDGE AGENCY, S. DAK. Dispos'd ion of fines. Sec. 2125. Upon the arrest and conviction of any person or persons violating any of the provisions of the game and tish laws the whole of the fine shall be paid into the general school fund. Authority of officers. Sec. 2126. Any officer authorized to enforce the fish and game laws of this State, with or without process, shall arrest any violator of any of the provisions of this title and such officer shall, with diligence, cause such person to be taken before the proper court for trial or examination, which trial shall be had upon complaint or informa- tion as now provided by law. Any game warden, sheriff, constable, or other officer of the law may at any time seize and take into his custody any game or fish or any carcass thereof, or any portion of the same which he may find at any time in the possession of any person or corporation during the period when the capture of such game or fish is not permitted by the laws of this State, and such game or fish shall be sold when practicable by said officer, and the money derived from the sale thereof shall be paid into the State game fund. Provided, That this section shall not apply to any stuffed carcass or stuffed head, or skins of animals which were taken or captured during the season allowed therefor. Chapter 2. FISH. Fish hatchery districts. Sec. 2127. The State of Wyoming is hereby divided into fish hatchery districts, denominated fish hatchery district number one and fish hatcherv district number two. Fish hatchery district number one shall Ije composed of the counties of Albany, Laramie, Converse, Natrona, Fremont, Carbon, Sweetwater, and Uinta, and fish hatchery district number two shall be composed of the counties of Sheridan, John- son, Weston, Crook, and Bighorn. . \j>pointment of superinfendoit — solury — bond. Sec. 2128. The governor shall nominate, and, by and with the consent of the Sen- ate, appoint a superintendent for each of the districts hereby created, who shall be a resident of the district for which he is appointed, and shall hold his office for four years or until his successor shall have been appointed: Provided, When a vacancy occurs the governor shall have power to fill such vacancy. Said superintendents shall receive an annual salary of twelve hundred dollars, which shall l)e in lieu of all expenses they may incur while in discharge of their respective duties, except as hereinafter provided; and they shall, before entering upon the discharge of their duties, execute a bond to the State of Wyoming in the sum of twenty-four hundred dollars for the faithful performance of their duties, which bond shall be approved by the governor. Duties. Sec. 2129. The superintendents shall have entire control and supervision of the public waters in their respective districts pertaining to the collection, propagation, culture, distribution, and protection of fish, and shall distribute all tish coming into their hands for distribution fairly and eciuitably among the several counties compos- ing their districts, or as the county commissioners thereof may direct. Superintend- ent of fish hatchery district number one shall reside at the hatchery located in Albany County, Wyoming, and superintendent of fish hatchery district mnnher two shall reside at the iiatchery located in Sheridan County, Wyoming. Said sujierintendents are hereby authorized to employ such assistance as is absolutely necessary to the efficient and i)nip(T inauagenient of the hatcheries in their charge: Provideil, That exjienses so incurred shall not exceed the appropriation available for such j^urposes, and siiall have full control of all i)ersons so employed, and of all proi)erty of the State now owned, or which may hereafter be obtained or held for the purposes contem- plated l)y this chapter. As far as may be possible and convenient, they shall receive etiualiy all fish and fish spawn donated to this State from any source whatever, and also all fish and fish spawn purchased by this State. They shall give special atten- tion to the enf(jrcement of the laws relating to the propagation, cultivation, and pro- ^^T()^X INDIAN;^ OK I'INK KIDCE AdKNCY, S. DAK. K^^) ti'ction of foDil fishes in the waters of tliis State. They may, when necesHary, i-stali- li.sh hatehin^ 1 tuxes and make sudi other improvement.s or alterations as siiall l)e neee.«.«ary for tlie projter hatcliinjr and pre.«ervati(>n of spawn, and alished and in oi>t'ratioii in Siuidane the duty of superintendents to make an amiual detailed statement or report to the governor of their olHcial transactions, including expendi- tures anunished by a line of not less than ten dollars nor more than one hundred ilollars. Sipme))l of fish prnhihited. Sec. 2137. It shall be unlawful for any railroad company, express company, stage company, or other common carrier, or any of their agents or employees, or other person or j^ersons, to receive or have in their i:)OSsession for transportation any game fish caught within the borders of the State: Provided, That this section sliall not apply to game fish lawfully taken from the waters of this State l)y any bona tide citi- zen thereof. Uiilaicfiil to sliipfixjt. Sec 2138. It shall be unlawful for any person or persons, company or corporation, to ship or offer to ship, within or out of the State, or to carry out of the State any game fish caught within the borders of the State. Amount Javful to catch. Sec. 2139. It shall be unlawful for any person or persons to have in his or their possession on any one day, more than twenty pounds of game fish caught within the bordei's of the State. Penalty, Sec. 2140. Any company or corporation, person or persons, violating anj' of the provisions of section two thousand one hundred and thirty-six to two thousand one hundred and thirty-nine, inclusive, shall be deemed guilty of a misdemeanor, and, on convicti(,)n thereof, shall be fined in any sum not less than twenty-live dollars or more than one hundred dollars, or imjjrisonnient in the county jail for a period of not more than ninety days, or both. Unlavful to obstruct free passage of fish. Sec. 2141. It shall be unlawful for any person or persons to erect or place, or cause to be erected or placed across any of the rivers, creeks, ponds, or lakes of this State, any dam, net, service weir, trot line, or any other obstruction in such a manner as to prevent the free passage of tish up, down, or through such waters, unless such dam, net, service weir, trot line, or other ol)struetion shall be erected or placed across such stream, river, creek, pond or- lake with the consent and under the direction of the fish hatchery superintendent of the district. Duty of oiener of dam. Sec. 2142. The owner or owners of any dam erected across any of the streams within this State shall build, erect, and maintain at all times at his or their expense fish ways at an angle of not less than forty-five degrees, to allow the free and unin- terrupted passage of fish up and down such streams. Failure to keep sluice in dam. Sec. 2143. Each and every month that any person or ]:)ersons, company or corpo- ration shall neglect or refuse to keep up and maintain a sufficient sluice, or fishwav, as prescril)ed in section two thousand one hundred and forty-two, shall constitute a separate offense. Prosecutions — vliere may t)e commenced. Sec. 2144. All prosecutions for the violation of any of the provisions of sections two thousand one hundred and forty-one, two thousand one hundi'ed and forty-two, and two thousand one hundred and forty-three shall be commenced before any justice of the i^eace in the county wherein the offense shall have been committed, and any such justice of the ])eace shall, upon his own knowledge, or upon the oath of any competent person, issue his warrant to any constal)le of his count>' for the arrest of any person or persons charged with the violation of any of the provisions of said section; and upon the arrest of such person or persons shall proceed in the hearing of said comi)laint as in other cases of misdemeanor cognizable before justices of the peace. SIOUX INDIANS OF riNE KIDCJP: AGENCY, S. DAK. lOT 1 1 '/(oini liavf hceii ('(imiiiittiMl ii|mim tin- por- tion of a stivam or watt-r course w hicli may In- the tiividin^ line l)et\veen two coun- ties, then the conii>hiint may l)e matle to any justice of tlie peace in either of such counties. FisliiiKj jiroliil'ili'l — Will II. Skc. LM4H. No jierson shall catch or take or iiave in his jiossession from the Hijr Horn or North I'latte rivers, or their trihutaries. by any means whatever, any speckled trout, land-locked salmon, trraylinir or California trout ril, or either of said montiis in any yi'ar. nor Imm any other rivi-r, lake, or stream of this Mate durinji the months of" Octolier. November^ Decendier, .lanuarv, February, March, April, and May, and the possession and sellinjr or offeriuL' for sale of trout or other food fish taken from sai(i waters duriu'r the months respectively i)rohibited shall be prima facie evidence of the violation of this section, and the jierson or i)erson.s .«o fouml having in possession or selliiifi or offering to sell such fish, shall be deemed guilty of a misdemeanor, and, upon conviction tliereof, shall be punished l)y a line of not less than twenty-live nor more than fifty dollars and costs of prosecution or sliall be imprisoned for a iieriod of not more than three months. < 'iiU-hiiKj siiKiH Ji-fh }>ro}tif)lii'd. Sec. 2147. It shall be unlawful to kill or destroy, or have in possession for any purpose at any time, any trout or black ))ass less tlian six inches in length taken from any of the waters of this State, and the jtosstwion shall be prima facie evidence of the violation of the provisions of this section, and any jierson violating the jirovi- sion of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than live nor more than twenty-tive dollars anil cost of prosecution, or shall bi' imprisoned for a period of not more tlian thirty days, or by both. fV of exploxinx mill itniKmi prohiliiUd. Skc. 214S. It shall be unlawful fur the owner of any sawmill, reduction works, smelters, refining or concentration works, or any of tlii' emi)loyes thereof, or any other person or persons whomsoever, to deposit, throw, or in any way iiermit to pass into any natural stream or any lake wherein are living lish, any .>^awi lust, chem- icals, or other sulistance that will or may tend to the destruction or driving away from such waters any tish, or kill any fish by the use of any poison or deleterious drug, or by the use of any explosive substance, or to explode or cau.«e to be exploded, any jiowder, hercules ])Owder, dynamite, nitroglycerine, lime gas, or any other expl(j.>iive substance, for the pur])oseof ca'icliing, killing, or destroying food fish, and any i)ers(jn or |)er.losive substance for the puri)ose of killing or taking any of the food fishes in any of the waters of this State, shall upon conviction thereof be fined in a sum not le.ss than twf> hundred antl fifty dollars, nor more five liimilred dollars ff)r each and ev»'ry offense, or be imprisoned for not less than one year in the county jail, or by both. Provided further, That nothing in this title containeil shall prevent the owner or owners of any (piart/ mill or reduction works in this State, now locatetl. or to be hereafter located upon any natural stream or lake, from o]>erating or working said (piart/ mill or reduction works, where the .sdd owner or owners thereof shall build or cause to be built a suitable dam to be used in connection with saiil tpiartz mill or reduction works, and which dam shall be so constructed as to prevent any tailings or substance from pa.s«ing into the stream or lake which will destroy or drive away the fish or any number of tiiem from said stream, lake, or water. Ln irfiil lisli nil] ilejiiii'il. Skc. 214!». .\ fishing tackle consisting of a rod or pole, line ami hook, shall 1)e the only lawful means by which fish may be taken from the waters of the State. The .«aid hook shall not be bait«'<| with any poisonous drug or substance, and it shall be 108 SIOUX INDIANS OF PINE RIDGE AGENCY, S. DAK. unlawful for any person or persons to use any net, seine, j^ill nets, fish traps, grab hooks, spears, snare, or similar means for catching fish, and no speckled or mountain trout, California trout, or any game fish shall l)e caught at any time during open sea- son for speculative purposes, or for market, or for sale, and it shall be unlawful for any person to sell or offer for sale any speckled or mountain trout caught in the waters of this State; provided. That the superintendent of a fish-hatchery district may, upon petition of fifty citizens of the county wherein is located any lake or lakes which have been stocked with food fish, such as lake trout, white-fish, and carp and upon the recommendation of the board of county commissioners of said county, permit citizens of this State to fish for said lake trout, white-fish, and carp with a gill net with mesh not less than two and one-half inches, said net to be exhibited to said superintendent and by him approved; and it is further provided, that fish so law- fully taken shall not be shipped out of the State of Wyoming, but persons having more of said fish than can be used for their own consumption may sell the same to the residents of the State of Wyoming; and provided further. That" said superintend- ent may at any time revoke said pei'mission if in his judgment it is necessary in order to preserve the fish in said lakes. Any person or persons, company or corporation, offending against this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than twenty dollars nor more than fifty dollars, or shall be imprisoned for a period of not more than three months, or by both. Private waters protected. Sec. 2b50. It shall be unlawful for any person or persons to kill or take speckled trout or other fish from any private waters used for the propagation of such fish, except by the consent of the proprietor of such private waters. It shall be the duty of the proprietors of such private waters, who are engaged in the propagation of fish, as contemplated by this section, to post, or cause to be posted, in a conspicuous man- ner, public notices, painted on boards in large plain letters, that the owner, naming him, is engaged in such business, and warning all persons from killing or taking any fish in the waters named in such notices. [Session laws of 1901.] Chapter 37. (Senate file No. 21.) PROTECTION OP BIRDS. AN ACT to protect birds and their nests and eggs. Be it enacted hij the legixlatnre of tlte State of Wi/ouiin;/: Penalty for lilliiu/ hirds. Section 1. Any person who shall, within the State of Wyoming, kill or catch, or have in his possession, living or dead, any wild bird other than a game bird, or who shall purchase, offer, or expose for sale any such wild bird after it has been killed or caught, shall for each offence, be subject to a fine of not more than five dollars for each such bird killed or caught, or had in possession living or dead, or imprisonment for not more than ten days, or both, at the discreti(m of the court. For the pi:r- poses of this act the following only shall he consiilered game birds: The Anatida% commonly known as swan, geese, brant and river and lake ducks; the liallidjc, commonly known as rails, coots, and mud hens; the Limicohe, commonly kntnvn as shore birds, plover, snipe, sandpipers, tatlers, willets, curlews, godwits, and avo- cets; the (iallinaw, commonly known as grouse, prairie chickens, pheasants, sage hens, partridges, and quail. Penalty for taJdn;/ e(/(/x. Sec 2. Any person who shall, within the State of Wyoming, take or needlessly destroy the nest or the eggs of any wild bird, or shall have such nest or eggs in his or her possession, shall be subject for each offence to a fine of not more than five dollars, or imprisonment for not more than ten days, or both, at the discretion of the court. Siorx INDIANS OF PINK HIlKiK AdKNCV. S. I»AK. 1 ()'.» Itiiis not Oli/il;/ tu nlntnt. Skc. .S. Sections 1 ami 2 of this act sliall nut apply to any pert^on hoMinjr a cfitili- catc f.'ivinj: the ri>rlit to taiernnssion'.' — A. 1 don't know that anyone went except those who had pa.-^ses. Q. What is the fart a.s to wiiether or not it has l)een customary to leave the rc-^er- vation on similar jtermits, for the i)uri)Oses nameropi'r f)tHcers. <2. Were you personally ac(iuainted with tliis man. Smith, to whom the permit was granteJsible, when vou reached Wyoming, as to what you a.scertaine. Q. Are some of the Indians in the habit of going every year? — A. Yes; they go u]) there every year after those herbs. Q. Did you take your gun with you? — A. Yes. Q. Why? — A. I took my shotgun, in case we ran across any prairie dogs or prairie chickens, I would take a shot at them. Q. Some of them took their rifies, did they nut? — A. They may have had guns, but I don't know. 1 know I had one. SlorX INDIANA OF riNE KIDGE AGENCY, S, DAK. 118 Q. Did ynii shuot any antelo|)t' or (k-t-r? — A. No. i\. Did some of tho party .^^lioot any t'lk or :ht from tlie rattle and slieej) men. Q. How many antelo|)e and deer hides did you t;et? — .\. Of course. I don't say how many hides thi-y ilid huy from the uiiite people, but tlu'y did huy some. I won't stati- any nund)er. (2- You knew of the Indians shootinjr deer and antt-lopi-, did you not'.' — A. I know of some Indians .«hootint: some deer about two years ago. Q. Did they not shoot some deer tliis year'.' — .\. No. (i. Any antelope'.' — A. There is no antelope in that country. (.}, .Any elk'.' — A. No; I didn't see any of them. (}. Did you meet any white men who ol)jected to your sliooting game in Wyo- ming'.' — A. No one said anything to us. Q. Were you jiresent when ."^herilf Miller met you ami wanted you to go to New- ca.«tle with him'.' — A. It was just like this: all the old Indians could not understand English. He did all the talking with unv man, and we liithi't know wliat he said. We just waited to hear. il. Who was the man to whom he did all the talking'.' — A. William Brown. i^. Didn't he tell you what he wanted at the time'.' — A. Yes. il. What did he say that .Miller wanted'.' — .\. William said he bail already given liimself up to that man, and he wanted us to do that also, and we said "Yes." (I. What did this man want of you'.'— .\. He didn't say what he wanted us for, and he didn't show any papers of any kind. Q. What ditl William give himself uji for'.' — .\. William saiil lie didn't know w hat this man wanted, but he e.xpected he wanted us to get out of the State of Wyondng. <^ Didn't be tell you he wanted you to go to Newcastle'.' — A. No; he didn't say. t^ Did you go with the man'.'— A. Do you mean start off with him'.' '^ Yes. — A. No; he didn't say anytliing to us about going. Q. Wl;y diibi't you go to Newcastle with .Mr. Miller'.'- -.\. Of couj-se, all I know about this is jusl what I heard. If he liad asked us to go to Newcastle with him, we would have went, but be just said he would be back the next day. to a gate and then she came back, and when she came back tfie shooting took place. She claimed that the gate wa-s already open, but 1 don't know myself: it is just w hat the people told me. (i. Did you do any shooting? — A. No. <2- Where w far were you from the white nien'.'— A. Close to three-<|uarters of a mile l)ack of the tiring line. Q. Then you could not see who tired the lirst shot'.' — .\. I coidd feel the l>ullets coming by. I can hold up my hand to the Hreat Spirit and say that all llu- bullets came from the white men. S. Doc. 12S 8 114 SIOUX INDIANS OF PINE RIDGE AGENCY, S. DAK. Q. Do you know that it is against the law for an outsider, whether he is an Indian or a white man, to shoot game in Wyoming without a license? — A. I don't know that. Q. It is against the law for anyone living outside of the State to shoot any game, such as antelope, deer, elk, and animals of that kind, and birds, such as prairie chickens or other birds of that kind, unless he has a license from a justice of the peace. Will you bear that in mind, and tell your friends, so they will not get into trouble again when they go through Wyoming? — A. Yes. Q. That is all. He (his X mark) Crow. Witnesses to signature by mark: A. M. Landman. F. C. (lOINGS. Subscribed and sworn to before me this 30th daj^ of November, 1903. [seal.] F. E. McIntyre, Notary Public, Shannon Conntij, S. Tkih. (My term expires November 8, li>05. ) Pine Ridge Agency, S. Dak., November 30, 1903. Statement of Iron Shield. Iron Shield, Ijeing first duly sworn, deposes and says: Questions V)y Timothy F. Burke, United States attorney for the district of Wyoming: Q. State your name? — A. Iron Shield. Q. How old are you? — A. Fifty-one years old. Q. You are an Oglala Sioux? — A. Yes. Q. Living on Pine Ridge Agency? — A. Yes. Q. Did you go to Wyoming last month? — A. Yes. Q. What for? — A. I am an Indian doctor and I went up to get some roots and herbs for my patients down here. Q. Who (lid you go with? — A. There was quite a few of us. Q. Who was the head of the party? — A. William Brown. Q. Did you meet any other party in Wyoming? — A. Yes. We met another party. Q. Whose party? — A. Charlie Smith's. Q. Did you do any hunting there? — A. We took some shots at prairie dogs, prai- rie chickens, and rabbits. Q. How many elk did you shoot, and antelope? — A. We didn't shoot any. Q. Did any of the party shoot any antelope? — A. No; I don't know of any. Q. Did you have any antelope hides or meat? — A. Yes. We bought that from the men up there. Q. How much did you buy? — A. Take it up there, the country is pretty well set- tled, and I don't know how many they killed, but the Indians traded their blankets and Ijeadwork for the hides and meat. Q. How many hides did your party get? — A. I didn't ask them, and I don't know. Q. Did you go in your own wagon? — A. Yes. Q. How many hides and how much meat did yon have? How much did vdu have when you "started home? — A. We only had one skin and the meat of one cured. That is the only one we bought. Q. Who did you buy it of? — A. I don't know. Q. Did yon see Mr". Miller, the sheriff of Weston County, and three or four men on the day before the shooting? — A. Yes. Q. What did they want? — A. I didn't understand what he wanted. I can't under- stand English. Q. Didn't William Brown explain it to you? — A. I didn't know what those men told William, because William didn't tell me anything about it. (.1 Didn't they tell you that they wanted you to go to ISewcastle?— A. 1 don't want to tell a lie. Tliey didn't tell hini that they wanted him to go to Newcastle. Q. Didn't they try to turn you onto the Newcastle road? — A. I was one of the men in the rear, so 1 didn't see what' took place in the wagons ahead of me. Q. Did you know what Miller was there for?^.\. I was acting as the horse-ranger for the whole party, so 1 didn't see mucli of tiiose men and didn't know mucii about them. 1 di Indians do it. il. Did yuiiset'MilU'r many of his lui-n tin- next day".'— A. lU-forc they coninK'nct'd firinfr? H- Yes. — A. No; I didn't sti' anyone. i}. Where were you wlu-n the lirin;r eonnnenced? — A. Do you mean in the Indian train? (}. Yes. — A. I was ahout in the middle of the train. C^ Who lired tlie first sliot? — A. Tlie white men were the ones that diil tlie shoot- ing. Thi- Diiiians diihi't do any sho()tin^ at aU. (i. They shot after the white men shot, did they not? — A. The minute the lirinir started, 1 i)ulleil my team around and started up tlie road. I didn't see any Indians shoot. Q. Did yon see wluir WUu-k Kettle was? — A. I was way in front of the train. (]. How did you know that the white men started the shooting? — A. The white men came down into the creek hottom and then tliere was one shot fired; then the tirinj; became general. Q. Dill you know who they were?— A. Tiiey was in this hollow, so we couldn't see well. Q. Do you know if they were the same men you met the day before? — \. 1 don't know. (^ Didn't the white men say something before they shot? — A. No. <^ Diiln't a white man hold u\> his hand and tell you to stop'' — A. I dichi't see that. (.^ llow many hides did you have in the entire i)arty, that you got in Wyoming? — A. I expect they hath day of November. HH);-!. [seal] F. K. McIntvke, Xdtiirn I'lililic. Slimirxtn ('ointti/, >'. Ihik. My term I'Xpires Novembci- s, p)().'). Tim: Ixiixii-: AiiENcv, S. Dak., Xovi'inhn- JO, I'tOS. Sidleninil of W'hitr FJh. WiirrK Fi.K, being first duly sworn, ilrposes and says: (Questions by Ti.motmv F. I'.i hkk. Cnited States attorney for tlie clistrict of Wyoming: (2. What is your name and age'.' — \. White l-'.lk. Fifty years old. C^. You are a memlier of theOglala Sioux tribe, living on I'iiie KidL'c Reserva- tion'.'— A. Ye„«. (I. Are vou on*- ftf the partv who went with William I'.rowii into WvomiiiL'. l;ist October'.'— A. Yes. ■ <2. What did you go there lor? — .\. I went uji there to dig some roots and get some herbs. <2. Did you go to get some deer meat and liide.s? — \. 1 gut some rabbits, prairie dogs, and prairie chickens. 116 SIOUX INDIANS OF PINE IlIDGE AGENCY, S. DAK. Q. Didn't you get some antelope and deer? — A. Xo. Q. Didn't vou get any antelope or deer — anv antelope hides or deer bides? — A. Yes. • . . . Q. How many did you get? — A. Just myself? Q. Yes. — A. I bought three in all. Q. And the meat? — A. Yes; I bought that. Q. Did you go in your own wagon? — A. Yes. Q. How many liides did you have in your wagon when you left it? — A. I left them in the wagon where I left it. Q. How many hides? — A. I bought three deer skins and two steer hides. All the buckskin and hides I had was marked. Q. Did you get the meat from the steers as well as the de(!r? — A. I didn't Iniy the meat, just the hides, and they have the l>rands on them yet. Q. Why did you buy the steer and deer hides? — A. We take them and tan them and then make anytliing we choose out of them. We take what we want and we also sell it to other jnirties here. Q. Did the Indians shoot anv antelojje? — A. No. Q. Bought them all?— A. Yes. Q. How many hides did the other Indians buy, and how many antelope? — A. I don't know how many they had. I stayed at my lodge all the time. ()U do when the shooting connnenced? — A. Just tiie minute the .shooting began tJie l)ullets l)egan to come pretty close, so I turned my team around and took back the road. Q. Did you have your wife and children? — A. Yes. Q. How many were there of you? — A. There were three of us. Q. How many were there in the whole party? — A. There were over twenty in the crowd. I am not sure; I can't think of all their names just now. Q. It is against the law of the State of Wyoming for anyone living outside of the State to shoot game, such as antelope, elk, deer, etc., in that State without license. Will you bear that in mind and tell your friends and acciuaintances, so they will be careful the next time they go to Wyoming and not get into trouMe? Tnder the game laws of Wyoming it is "uidawful to kill more than two deer, even when holding a license. It is unlawful for anyone shooting them to sell them. It is unlawful for any person to obtain l)y trade or barter any green hides. So you must be careful when you are traveling in Wyoming to follow those game laws, and then you will not get into {rouble. White (his x mark) Elk. Witnesses: A. M. L.\NnMAN, F. C. GoiNos. Subscribed and sworn to before me this .'Wtli day of NovemV)er, 1903. [seal.] y. K. McIntyrk, Xoliiri/ Piih/ic, Slminion. (hunt!/, ''^- /'"/•'• My term expires November lace? — \. \Ve were in camp when si'ven white men came and I saw them after tliey came to our camp. Because I coiUd not talk any English I stayed back where my camp was. Q. Didn't William Brown or Charlie Smith tell you what they wanted?— A. .\s for myself, I didn't hear anything. (.2- f>idn't yon know what was wanted'.' — .\. No; I didn't know. il. Were you not the guide of the ]iarty'.' — \. Yes; 1 was the guide. il. When you starteil away you were at the head of the |)roci'ssion? — .\. .No. Q. Didn't Miller want you to go up the road to Newcastle? — .\. Before 1 got to the forks of the road I saw a man on horseback, lie made some motions to me, but what he wanted to .«ay I don't kn(jw. (2- Yon didn't take your ]iarty on the road to Newcastle then'.' — .\. 1 stayed there until some of the wagons in back came up. They were talking, but 1 didn't uikUt- stand what they sairown or Smith tell you what they were talking about? — .\. No; they nevt>r said a word to me. 1^. Didti't they tell you to take the road to Newcastle, or the road to honu'? — .V . No; I didn't imderstand anything of that kiinl. l^. Was you ]»re.«ent the next day when the shooting took i)lace'.' — A. Yes. <2. Where were yon in the i)ro(ession when the shooting commenced?- .\. lam not (piite sure. I must have been aliont the seventh from the front. We didn't expect any trouble. (I. Did you know it was Mr. Miller and the party you met llu'day before".' — A. 1 didn't know that Miller or any of the other men wt-re there. I didn't know whether he was in that gang or not. <2- What did he sav when he saw von'.' -.\. I diiln't hear him sav anything. ii Didn't he hold up his hand an<'l tell you to stop".'— .V. No. <2. indn't he tell you he was the sheriff, and had a warrant for you".'— A. No; 1 118 SIOUX INDIANS OF PINE RIDGE AGENCY, S. DAK. didn't hoar anything of that kind. I am an Indian, and don't nnderstand English. If thoi^e two fellowH had told us about it we would have done id any of your party have a license to hunt? — A. No. Red (his x mark) Paixt. Witnesses: A. M. Laxd.viaxN. F. C. GoiNcjs. Subscribed and sworn to l)efore me this UOth day of November, 1903. [seal.] F. E. McIxtyre, Xdfari/ Pith/ic, Slimiiion Omrtli/, tS. Dal: ]\Iy term expires Novendier S, 1905. Pine Ridge Agency, S. Dak., November 30, 1903. Stdlcmriif of Dorid Ilrokcn Xnxc. David Broken Nose, l)eing first duly sworn, deposes and says: Questions by Timothy F. Burke, riiited States attorney for the district of W^yoming: (J. What is your name and age? — A. David Broken Nose; .'!2 years old. Q. You are an Ogiaia Sioux, living on Pine Ridge Reservation? — A. Yes. Q. Did you go to Wvoming last month with William Brown and his i)artv? — A. Yes. Q. What diai- it, and I will tell von just how SIOUX INDIANS OF PINE RIDGE AGENCY, S. DAK. 11*> it hai)peue(l. There were sevt'ii nu-ii tlu'ic. Tlu-y tliWii't havi- any >:uiis. Tht-y scattt-n-il tlu'iiiselves ainoufr the' iaiii|i8. Tlu'y had tlii'ir im-al at William I'lruwii's I>lact'. ami tlu-y wt-ri' iilayinyr with tlii' l)oys. Thi' hoys had soiiii' hows ami arrows, ami the im-n were hel|)iii^ the in.ys shoot the hows and arrows, ami playinj: witii them. I wascaniited (piite a ways from Charlie Smith, and J saw all those mi-n stand- ing' aronnd the Hre, so I made up my mind to jjo over and find out w hat they were talkini; ahout. Just as I there that we make paint out of. (.2- Ho yoii know it is aa|>ers or read any papers to IWown oi- Smith? — .\. 1 was i|uite a little ways from those people who were talking to Smitii and Drown. I (lidn't tro up there myself, because I was tired. il Were you present when the shootin>jr occurred the next day. and where were vou'.'--.\. I was (|uite a ways back. I was driviuir an old mule and the nude i)layed out on me, and 1 must have been about a mile btdiind the rest. (,}. Did you see any shoirtiiiir? — A. No; 1 just heard the rejxirts. tj. Youdon't know who conMnenceret tiu-m that way".' — -\. Make moci'asins out of tlu'Ui. (^ Don't von ^et hides enouLdi on the reservation to make moccasins? — \. 1 don't know of there beiufi any deer around here. '". r.iii.;. J Sldlrnirnt nf II'kjIi D'xj. Hioii Do(;, being first duly sworn, ileposes anri'V \Ui- di-trict of Wyoming: (^ Wiiat is your name and age? — .\. High \hi<^; 4S years oM. <2. You are an Oglala Sioux, living on i'ine Ridge Reservation'.' — A. Yes. (I. Did you go to Wyoming in October with William Brown's party'.' — A. Yes. il. What did you go for'.'— .\. I went there with the intention of i:etting some holy leaves ami roots; that is what I Inul in my uund when I left hcie. (.2. Did you take your gun; yoin- rifle? — \. I took my gun, Imt I only liad live tartridges. 122 SIOUX INDIANS OF PINE RIDGE AGENCY, S. DAK. Q. Did the Indians shoot any deer or antelope? — A. I don't know about the rest of them. If they shot any, I don't know. Q. Did you shoot any? — A. I stiot two on the httle creek that is called Sage Creek. Q. Was it in Wyoming or in this State? — A. Right near this Sage Creek I killed two. Q. Is that in Wyoming? — A. It is this side of Wyoming. Q. Was it very near where you saw Sheriff Miller and his men the day before the shooting? — A. No. It was a long ways off from where we met that man. Q. Did you buy any deer or antelope while in Wyoming? — A. Away up there in the State, I went to a sheep man's place. He had two buckskin hides on the ground, and I told him I wanted those two and he wanted me to get him some beaded moc- casins. So I gave him the beaded moccasins and he gave me the deer hides and some meat. Q. Did the other Indians trade for deer hides and antelope hides and meat? — A. I didn't see them myself, t)ut they told me they did. Q. Were you present when Sheriff Miller and some men came, prior to the shoot- ing? — A. There were seven white men came there. I don't know why they came. I didn't go there myself to find out because I am an Indian and don't understand English. Q. Didn't Brown or Smith explain what they wanted? — A. They didn't do any talking with William Brown; they did all the talking witli Charlie Smith. And after they got through Charlie Smith repared the meal for them. Q. You say no one threw dirt into the air. If they should, what would it mean? — A. No one did that. We were all in the wagons, and besides, no Indians do that, because it don't mean anything. Q. Were you present next day when the shooting took place? — A. Yes; I was there. Q. Where were you? — A. I was away back in the rear. Q. Did you see who conunenced the shooting? — A. I was away back in the rear. One of my horses was tenderfooted; I stopped to put a piece of canvas about it; I was going very slow. T looked up to see where they were in front of me, and I saw them all coming V)ack, as tight as their horses could go. Then I began to hear shooting. Q. I want to say that it is against the law for anyone living outside of Wyoming to shoot antelope, deer, elk, or any other kind of large game in that State without a license. It is also against the law to buy or trade for the green hides or teeth of these animals. Do you understand that, and will you tell your friends, so that when they go to Wyoming again they will not get into trouble over violating the game laws? — A. Yes. I want to say a few words more. After we left the wagons and started back, we put all the women on horseback. We got as far as Hat Creek, when there were 10 white men standing in the road. Just to show you that we were not out for a tight, we had all the chance in the world then, but there was not an Indian in the party wanted to fight; and we all surrendered our guns and went into Edgemont with those fellows, willing. One fellow was some kind of a headman, so we turned our guns over to him. I left my wagon and all my stuff back in Wyoming. Q. Did you get your wagon l)ack? — A. I got my wagon back, but I did not get any of the other stuff, at least they could not find it. Hkjh (his X mark) Dog. Witnesses: A. M. Landm.\n. F. C. GoiNCJs. Subscribed and sworn to before me this 30th day of November, 1903. [seal.] F. E. ^IcIntvre, My term expires November 8, 1905. X'ltiiri/ J'lifilic, SIhiiiiioii (.'omit;/, S. Dak. qor.X INDIANS OF I'INK KIIXJE A(iKNCY, S. DAK. 123 I'iNK UiiM.i: At;KMY, S. Dak., Sixr nihil- o", JHO.l. Stillillli'llt nf Cliirf Eilijl,. CniKK lv\(;i.K, IteiiiiT first iluly switiii. <1i'|m>.-('s ami says: (Questions by Timothy V. Hi hkk. I'liiti'il State's att'>riu-y I'ui- the district of Wyoiniiiir: <^. Wliat is your name ami age? — A. My name is Cliief Kajrli-. i am ;>■"> years oM. (I. You are an ()<:lala Sioux, livinjr on I'iiie Riiljre Reserve".' — A. Yes. Q. Dirs. 1^ Did vol! take vour gun? — A. Yes. |^ Wasit a riHe?— A. Yes. <^. How many antelope or deer did you shoot? — .\. Three. n. Willie did vou shoot them? — A. Tliev were on what is called Horse Creek, in the Black Hills. Q. How many did you shoot in Wyt)iiiing? — A. None. Q. Why didn't yon shoot any in Wyoming? — A. There is a law in Wyoming an(i I knew it. 1 .-aw .>;ome. hut I didn't take any shot at them. (I. Did any of the Indians shoot any in Wyoming? — A. No; not that I know of. Cl. Did they buy any? — A. Yes; I saw sonu' buy some. <2. How many did yon buy? — A. I only had thri'e; that was all I wanted. ^l- Were you there the day before the shooting, when Sheriff .Miller and his party were there? — A. Yes; I .•^aw that white man. There were seven men altogether. <2. What did ihey want? — A. 1 don't know what they wanted or what they were there lor. • ^ Didn't William Bn.wii, oi- Smith, tell you what they were therefor? — .\. They ilidii't tell me anything about it. . Subscribed and sworn to before me ttiis ;i(itli day of No\fnil>er, l!tO.'5. [sK.Ai..] F. K. McIntvkk, .Xdliiri/ I'lihlir, SliiiiiiiDii Cniiiitil, S. Ihlk. My term exjiiies Novembers, l!MI."i. 124 SIOUX INDIANS OF PINE RIDGE AGENCY, S. DAK, PixE RiiKiE Agency, S. Dak., Norciiiher 30, 1903. Statement of Clidrijiiiij Wolf. Charginc; Wolf, being first duly s\vt)rn, deposes and says: Questions by Timothy F. Bl'kke, United States attorney for the district of Wyoming. Q. What is your name and age? — A. Charging Wolf; 45 years of age. Q. You are an Oglala Sioux, living on the reservation here? — A. Yes. Q. Did you go to Wvoming in Octol)er witli William Brown and his party? — A. Yes. Q. What did you go there for? — A. What I started up there was for some leaves, roots, and herbs, that we know is very good for certain sickness. That is what I went up to get. Of course the white men don't use them, but tiie Indians do, and I brought a lot back. Q. Did you take your guns with you? — A. Yes. y. Did you shoot any antelope or deer? — A. No. Q. Did you l)uy any? — A. Yes; I bought one. Q. Did you drive your own wagon and horses? — A. Yes. Q. How many antelope and deer hides did vou have in vour wagon when you left it.— A. Three. Q. Who did the other two belong to? — A. I traded for the other two with the sheep men for some moccasins and bead work. Q. Was you there the day before the shooting, when Sheriff Miller and his party were in camp? — A. Yes. Q. What did thev come there for? — A. I don't know what thev did come for. Q. Was Uharlie Sinith there?— A. Yes. Q. Dir: il. Wiiat is your nanu' and a^'i-'.'— A. .It-sst- Little War Bcniiu't; L'dyi-ars of a^re. Q. You are iin Oglala Sioux. iivin among the white men with your horse and run through them? — a". I went ujt there for information, l)Ut I couldn't get any. Q. Why did you ride among the white men? — A. 1 wanted to see what they came there for. but I could not understand them. <2. Didn't Charlie Smith or William Brown Tell you what they were tiiere for? What did they .say to you about it?— A. They didn't say anything. (2- Diresent th.e dav the shootini: took place, and where were vou? — A. Yes. Q. Where were you?— A. 1 was in the rear. 1 had stoi)ped to cl(jse the gate we had just gone through, and just as I was on the way uj) the tiring took place. (I. How far up were you when the tiring started? — A. I was (piite a ways off. I was the last man coming up. (l The white men say you was at the head of tlie line and was running back when they saw you. Is that correct'.' — A. No. (I. Did vou have a gun that day? — A. No. q. Who fired the first shot?— A. The white men. il. How do you know that'.' — A. I was coming uj) when I heard the bullets com- ing down from that direction. (I. What dill you do'.' — A. I turned arouml and toscriV)e. [seal.] V. K. McI.XTYRE, Xotar;/ I'nblic, Sli»/////,>'. D(ik\ My term expires November S, 1905. 126 SIOUX INDIANS OF PINE RIDOK AGENCY, S. DAK. Pine Ridge Ac^ency, S. Dak., Xoremher 30, 1903. Sfotement of William Brown. William Browx, Wn^t being duly sworn, deposes and says: Questions by Timothy F. Burke, United States attorney for the district of Wyoming: Q. State your name and age. — A. My name is William Bniwn; I am 36 years of age. Q. Are you the William Brown that got a permit to leave the reservation with a number of others along about last September? — A. Yes, sir. Q. You are an Oglala Sioux, and live upon the reservation? — A. Yes, sir. Q. When did you leave the reservation with your party for Wyoming? — A. I have my pass with me [produces pass]. 1 left about October 6. Q. And all of these people named on your permit left with you? — A. Yes, sir. Q. When did you get into Wyoming? — A. About October 15. Q. Did you shoot any deer or antelope prior to going into Wyoming. — A. I saw one or tw<> in my party. Q. What did you go to Wyoming for, Mr. Brown? — A. I went to get some roots, herbs, and berries. Q. For what purpose? — A. To use for medicine. Q. It is the custom for the Indians of this reservation to go outside for roots and herbs? — A. Yes; that is customary. They found out that the roots and herbs that they got away were better than the roots and herbs here. Q. How often do they go? — A. This was the first time T knew anything about it — this year and last year. Q. When you went into Wyoming, into which county did you go? Do you know? — A. We went into ^^Vston County, and from there into Converse County. Q. Did you shoot any deer or antelope in AVeston County? — A. All we shot there was rabbit, prairie dogs, and prairie chit-kens. Q. Did you buy any antelope or antelope hides, deer, or deer hides while in Weston County? — A. The rest of the party bought some, l)ut I didn't Iniy any tiling. All I wanted was roots and lierbs, and I got them. Q. How many antelope and antelope hides, deer, and deer hides did your party buy in Wyoming? — A. (;)f course, I didn't go around through the tents, so I don't know just how many they did buy. Q. They l)ought (|uite a number? — A. Yes. Q. Would you say as many as 40 or 50? — A. I could not state the number, but I know that they got a good many hides. Q. How did they pay for them? — A. Hatbands, moccasins, ami other bead work along that line. They traded for them. Q. Were you there at your camp when Sheriff ^Miller and his party came there, the day before the shooting? — A. Yes; I was there. Q. What did they say they wanted? — A. They were at my camp sometime before I came back. They had got ready to leave when I got back and were going away without saying a word to me, but I had a talk with one of them. Q. What was his name? — A. Miller. Q. What was the talk you had with Miller?— A. Miller told me that thev had eat at my place, and then I asked him what he wanted. He told me he was after us. Q. What for? — A. He didn't say what for. It was getting dark and he said, "I will see you in the morning." Q. Did he show any papers? — A. I didn't see any. Q. Did he sliow you a warrant for your arrest? — A. Nn. Q. Didn't he tell you he had a warrant for your arrest? — A. No, sir. He ditln't say any tiling of tliat kind, and I didn't have any idea he was there to arrest us. Q. What did he say he was after you for? — A. That is all he said, "I am after you." Q. Did not you understand fn;m tiiat that he wanted you tn go to Newcastle? — A. I understood it that way, and I told him "All right." Q. Did you (jffer to go to Newcastle with him?— A. He didn't mention the name of anv town; he just said, "I am after vou," and 1 said, "All right," and he said, "That's good." And that is all the talk 1 had with him. Q. You were hitching up then, were you not, and about to drive away? Didn't Miller try to turn you on the road to Newcastle instead of the road home? — A. No. Q. Do you remember where the roads fork and one road leads to Newcastle and the other toward home; was there not an effort made there by Miller to turn you onto the road to Newcastle? — A. No. Siorx INDIANS OF PINE KIU(iE A(;EN('Y, S. DAK. 1*27 ^l l>i(l yoii st'i^ any Iiulians throw dirt into tiu- air? — A. No. (}. What wiiulil it nii-an it they r anionjr .Miller's party the day helore the shootnifi? Did he make himselt ot'fensi\e that day? — A. No. ♦.2. Were yon near the head of the proiession when it startt'State? — A. Yes; we got a j^retty big scare. il- The seconid you reco^mize them as the same men before the shooting commenced? — A. I saw tho.^'e men before anyone else saw them. (•2. Where were you when you saw them? — A. 1 was ahead of the wagons and there were two little boys with me and we were driving some loo.id you go bark through the gate when the first shot was fired? — A. That was after I got through the gate. (2- Where was Charlie Smith? — A. Charlie Smith was in the rear on hursi'l)a(k, but he came up. (-2. How many wagons got througii the gate before the tiring commenced? — A. Two. Q. How many Indians did any shooting? — A. 1 noticed tliat the first shot shot the horse from under the boy that was with me. lie got up and started to rim and then he got slK)t. After this boy was shot 1 got to the wagons. Just as I got up to the wa^ions I saw my fatlier and lUach Kettle getting down ready to open fire. (2- Did the Indians do any tiring previous to that? — A. There was no shooting from the Indians until after a l)ullet went through my shawl and another through my dre.«s, and my horst- shot from under me. Then my father lired. (I. Is that the shawl you have on now? — A. No; I gave the shawl away. (.2. Where wa'J your father when the firing conunenced? — A. I could not say. I know he fired a shot, and after that I didn't see him any more. (2. Who was at the gate when you came through? — A. Do you mean Indians? C2. Yes. — A. Some of the Indians had got through the gate and .«ome of them wen- standing just inside of the gate. (2- \\'lio were .«ome of the Indians just inside of the gate? — A. Just as soon as the shooting began the Indians ran back. (2. What did the white men say, or did they say anything i)efore the shooting conunenced, when you first saw them? — \. They didn't say a word or call to me. They just went to shooting. (I. Didn't one or two of them come u\> on the bank before the rest? — .\. I don't know of any. (.2. Did yoii see one of them piU up his hands ami say, ■"Halt"? — \. No. (.2- Dill they do any shooting Ix-fore they got through the wire fence to which they hitched tiieir horses? — A. 1 ditl not see wi)ere they had thi-ir horses, but they must have left their horses on the outsiak., Xt killed. \l Did Charlie Smith ilo any shooting? — \. After I saw the boy fall 1 started nut. I saw Charlie Smith coming up with his gun in his scabbard ys? — A. It was tlie sheepmen that sold us tlie meat and the hides. .Mayl)e tliuse eowshoys got some deer too, because they always packed their Winchesters. Q. Were you present when Sheriff .Miller and his party came to camp mi the first dav, the ilav before the shooting? — A. Yes. There were seven. Three of them had stars. (i. What did those stars mean? — \. I thought they were some kind of officers or j)olicemen. Q. What ilid they want? — A. I was away from camp that ila\. .\ii Indian told me that there were white men at the camp, ami when I gdt there I fnund the white men there. I ^e they said they would be back the next day; so 1 supi)0se they were the .«ame ])arty, only there were more of them. <^ Did you bring your wagon back with you, or did you leave it in Wyoming? — A. 1 brought my wagon back; it is standing outside there (pointing through tlie window). My wife drove me home. (i Are you going to get well? — A. Yes; the wound in back is healing uji. but the wound in front makes discharges. (^ J)o you understand that it is against the laws of the State of Wyoming to hunt for big game, such as elk. anteloiie, deer, etc., without a license froni the ju.^tice of the peace? Also, it is against the law to buy or trade for rawhides of those animals. I want you to explain that to your frienM.\N. F. C. (liOINGS. 134 SIOUX INDIANS OF PINE RIDGE AGENCY, S. DAK. Iron White Man, lieing present, stated that he wanted to say this: In these treaties Avith the Great Father it said that if a white man killed an Indian he would be punished, and if an Indian killed a white man he would be punished. We are goino: to have a big council, and we would like to test this law and see whether there is anything in it. 'Mr. Bi'KKE. When a white man or an Indian goes into another State, he is Ixjund by the laws of that State. Now, in the State of Wyoming it is against the law for outsiders, whether white man or Indian, to come into the State and shoot game with- out a license. Of course, if you are shooting game without a license it is tlie duty of the officers to arrest you. While the officer has no right to shoot you for a little crime, if you resist arrest and try to shoot him, he has a right to shoot. Probal)lv these officers will claim that the Indians shot first and that they resisted arrest, that is why they shot. This Sheriff Miller, who was shot, had a warrant for the arrest of two Indians for having shot antelope in Wyoming without license, so he had the right to arrest them. Probably this whole trouble grew out of a misunderstanding, and not out of any willful intention to shoot or murder the Indians. I am here to get the Indians' story and account of this affair, so that the Govern- ment at Washington may know who is in the wrong, so that the Government may know whether it is the Indians or the white men that have done wrong; and the Government will see that the right thing is done, and will protect the Indians under the treaties and see that they get their rights as men. Talk wit]i Chief Blue Horse. Pine Ridge Agency, S. Dak., December 1, 1903. 1 had a talk with Chief Blue Horse, who claiins that he was one of the signers of the treaty of 1868, and the way he understood the treaty was that the Indian would be allowed to hunt anywhere game could be found as long as the Indian existed as a race. " The talk was that in a hundred years the Indians would become as the white men, tillers of the soil, and would no longer care to hunt, and that the buffalo would surely remain as long as that." He did not understand that the Indian relin- quished in that treaty, or any other treaty, his right to hunt. LB My '04