OCR Text |
Show who tried the appliaation for the writ of hsbeaa oorpus in the d i~t r i cct ourt in thia case, has directed thst Kace Horae be brought before him on the 14th of this month to be turned over to the State authorities in aeeordannce with the mandate of the Supreme Court. You mill also observe that both this Department and the Department of Justice have endeavored to secure the dismissal of further oroceedinw in thia cue without the arrest of the Indian being msde neceaaar~a, n d k t G overnor Richards and Mr. u Fowler, tho attorney-general of Wyoming, have given their assurance that it is not thointention of the State authorities to ounish &oe Horse for the offenses ohareed u against him, bnt that they desire and require that he shall be arrested and turned over to them in accordance with Judge Riner's order. They promise that when this Indisn is arrested and turned over to the State author-ities he will be brought before the proper State court and discharged from custody in the reeular manner, This c&e ia deemed neoeassry by the Statte authorities in order that the Indians shall be impressed with the fmt that the Supreme Court of the United State.tes, the hi-eheat. iudic ial authoritv in this oountrv". ,h asdecided aeeinat their rieht to hunt in the State of Wyoming in violation of its game laws. In hisletter to the Attorney-General the district attorney advises him that J~odge Riuer feels it his duty lo turn Race Horse over to the State authorities, and will issue a bench warrant for his arrest unless he be brought into court on the clay on which he ia ordered to appear, and the district attorney believes that m~lohh arm would result if the necessity for the iasuanae of the benoh wmzant and its service upon this Indian should arise. You will exolain thia matter follv to Rsos Horse and to the Indiana, and will see thst he is in conrt to be turned over to the State authorities. Yoo will tell him of the assoranee given this Department by the Stste authorities that he will not be pnniahed. I have this day telegraphed Governor Richards snd the United States attorney sdviaine them of this letter to von. and it is oresumed that on a, representation of the fact-that the Department h& idatrnated g& to hrsve the Indian court, Judge Riner will.ertend the day for his appenranoe. The agent, on July 14,1896, telegraphed the following: Communio.ation 10th instant direoting Race Horse be brought before Judge Ri-lr on 14th instant reoeived thia date. Therefore impossible. I have wired United Ststes %tttorney to arrange a later date. July 27,1896, Agent Teter reported that his clerk, Mr. Macbeth, had returned Race Horse on the 20th of July to the United States district court, and three days later had delivered him to the custody of Sheriff Ward, of Uinta County, who released the Indian on a $500 bond for his appearance upon September 7,1896, the date of the next session of the dis ~ c cto urt of Uinta County; also that the clerk had given his person9a check for the bond, from which he asked to be released, as he needed the money. The agent stated further, that he had been assured by County and Prosecuting Attorney Hamm of Uinta County, that owing to the good faith displayed by the Department in the mat-ter, he would cuter a nolle prosequi in tlie case as soon as Race Horse should be brought before Judge Knight, of the district court for Uinta County. The agent therefore suggested that if I would give Judge Knight my assurance as Commissioner that the Indian would be returned to cns-tody, he might make the bond nominal and thus release Mr. Macbeth |