Case 2: Te-he-hdo-ne-cha
Camp Release opposite
the mouth of Chippewa River, Minn.
September 28, 1862 --
The Military Commission met pursuant to the above order
|Col Brooks||6th Regt. to M.V.||Members|
|Lt. Col. Marshall||7th Regt. to M.V.|
|Capt. Grant||6th Regt. to M.V.|
|Capt. Bailey||6th Regt. to M.V.|
|Lt. Olin||3d Regt. to M.V.||Judge Advocate|
|Adjutant Heard||McPhail's Mounted
The Military Commission was then duly sworn and Te-he-hdo-ne-cha a Sioux Indian was arraigned on the following charges and specifications.
Charge and specification against Te-he-hdo-ne-cha, a Sioux Indian---
- Charge -
- Murder -
Specification - In this that the said Te-he-hdo-ne-cha, Sioux Indian did go upon a war party of the against the white citizens of the United States and did participate in, or by his presence and participation, direct, or indirect, cause to be killed the Father husband and nephew of Martha Classen on or about the 19th day of August, and the 28th day of September -- This at or near Beaver Creek, Minnesota.
- Charge 2nd -
- Rape -
Specification. In this that the said Te-he-hdo-ne-cha did forcibly ravish Margaret Cardinal, he, having been of the party who killed her father and brother in law on or about the 10th day of August 1862, when she was taken prisoner by the same party --
|By order of Col. H. H. Sibley|
And therefore the prisoner was asked what he had to say in answer to said charge, to which he made the following statement --
I don't remember of killing any white persons, or committing any depredations, and that is the reason I am not with the other indians. I know nothing of the killing of whites at the Lower Agency until two days afterwards and then I went down there -- Myself and nine others went East of Beaver Creek -- Saw a wagon load of white people-- the men ran off, and the other indians ran after them -- This woman (Margaret Cardinal) is one of them --
I think there were ten women and children there and the other indians wanted to kill them and I prevented it -- If I killed any she will know it -- I was compelled to go the the Fort and New Ulm -- Didn't participate in the fight -- Was at the battle of Birch Coolie, but came home without firing a gun -- Was at Yellow Medicine at late battle, but did not fire a gun. If I had killed a white man I would not be here.
I slept with this woman once -- I did bad towards her once -- I tell you the truth -- Another Indian may have slept with her.
Margaret Cardinal, a witness for the prosecution being then in Court, was duly sworn, and testified as follows:
The prisoner has slept with me. He has raped me-- against my will -- When I was taken prisoner -- the third night afterwards -- This man was the same man who took me prisoner.
I did not see him kill anybody--
There were five indians who came up to where we were -- Three white men and a woman and a little child ran into the woods, and this indian and another staid by the wagon -- Every time there was a war party this man went. He was as ready to go as any of them -- perfectly delighted --
Harriet Fallant, also a witness on the part of the prosecution was then called into court and sworn, and testified as follows --
I have heard the testimony of the last witness. I was with her when she was taken -- We were together at Mrs. Classen's house -- The three Indians, who ran off, came back, and said they had killed two -- This indian was present-- He acted as if pleased at their success -- The party took away our provisions and would not give us any.
The testimony being closed the Commission was then closed and provided both finding and sentence.
The Military Commission after mature deliberation on the testimony adduced find the prisoner as follows --
Guilty of the specification of the first charge.
Guilty of the first charge --
Guilty of the specification of the second charge.
Guilty of the second charge -- and do therefore do sentence him the said Te-he-hdo-ne-cha, a Sioux Indian to be hung by the neck until he is dead.
We certify that the foregoing are the minutes of the proceedings and testimony on the annexed charge, under order No. 55 of Col. H. H. Sibley.
I. V. D. Heard}
[Signed by the five members of the Commission]