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Show 162 REPORT OF THE COYMIS810NER OF INDIAN AFFAIRS. viction of Stanley for murder in the State court at Miles City, Mont. . He was sentenced to only five years' imprisonment in the penitentiary. At the time of the trial Stanley was induced, by promise of leniency of punishment by the State authorities, to implicate in the crime Little Whirlwind and his brother Spotted Hawk, also belonging to the Northern Cheyenne tribe; and these Indians were tried for complic-ity in the murder. Little Whirlwind was convicted and sentenced to imprisonment for life in the State penitentiary, and his brother W ~ B sentenced to be hanged. Spotted Hawk's attorney, however, secured a new trial for him, and upon taking the case before the supreme court obtained his release for the reason that there was not sufficient evldence upon which to convict him. In the case of Little Whirl-wind the evidence was similar to that of his brother, but the attorney neglected to take exceptions to the rulings of the court and failed to file a motion for a new trial. November 28, 1899, Mr. S. M. Brosius, agent of the Indian Rights Associaiion, appealed to this ofice in behalf of Little Whirlwind, and stated that Stanley, who died in prison October 19, 1899, admitted in his ante-mortem statement that he alone was the murderer of Hoover, and that neither Little Whirlwind nor Spotted Hawk was in any way implicated with him; and that he was induced by promises of leniency by the State authorities to testify falsely as to the complicity of the two brothers, neither of whom was present when Hoover was mur-dered. Mr. Brosius stated further that the principal witness against Little Whirlwind was an Indian boy named Shoulder Blade, who was induced by promises, etc., to testify falsely concerning the complicity of Little Whirlwind and Spotted Hawk in the killing. December 1,1899, the office submitted to the Department the evi-dence furnished by Mr. Brosius, and stated that it would seem from the facts in the case that there were the best of grounds for believing that Little Whirlwind was entirely innocent, and recommendation was made that the governor of Montana be requested to pardon him. The Department replied February 2, 1900, that the matter had been submitted to Indian Inspector James McLanghlin "for investigation, with instructions to consult the State authorities in regard to the status of the case, and to use his efforts in the name of the Department in behalf of Little Whirlwind," and that the inspector had repori;ed, Jan-uary 26, 1900, that the present time was deemed inopportune to press the subject of a pardon for this Indian, hut that favorable resultsmight he hoped for at a later period. The matter was apin called up by Mr. Brosins Febrnary 4, 1901, with request that another attempt be made to obtain pardon for this Indian. The correspondence was submitted to the Department Feb-ruary 13, with recommendation that the governor of Montana again |
