'I
soon discovered that the Commission was not acting according
to justice, but by favor; and I was terribly enraged against
them' -
Sarah
Wakefield who was saved by We-chank-wash-to-do-pee (Chaske)
who was one of the 38 hung in Mankato December 26 1862
|
The
trials of the Dakota prisoners were farcical to say the least
and they made a mockery of the justice system that America is
so well known for. Many of the prisoners did not speak English
and they didn't understand the cultural differences between
them and the Military Commission who were trying them. The Dakota
people felt it was Ok for them to say, 'Yes I was there' or
'yes I shot at X' because they thought that was what a warrior
did in a war situation. However the Commission felt that those
words were wrong because they didn't class the Conflict as a
war. So even though the Dakota felt they were prisoners of war,
they weren't treated as such, but as murderers.
The
Commission consisted of the following people: Colonel Crooks,
Lieutenant Colonel Marshall, Captains Grant and Bailey, and
Lieutenant Olin, later Major Bradley was substituted for Marshall.
The charges were drawn up based upon information given by the
missionary Rev. Steven R. Riggs, who had spent many years among
the Dakota and resided in the area. He knew many of the men
and questioned the witnesses who were bringing allegations against
the Dakota. Riggs knew the Dakota language and could translate
what was being said by the Commission to them. Antoine Frenier
was another interpreter.
As
each prisoner was bought before the Commission the charges against
them were read out. If he didn't admit to the charges evidence
was introduced. Below are a few of the transcripts of the trials,
from the Minnesota Historical Society. These samples are typical
of most of the trials; short and very incomplete for a death
sentence to be imposed, but imposed they were.
They tried over four hundred prisoners. Out of these three hundred
and three were sentenced to death, and eighteen sentenced to
imprisonment. Most of those acquitted were from the Upper Sioux
area.
Case
7: Ta-ham-pu-hida
Camp
Release opposite the the mouth of Chippewa River 1862
The
Military Commission met pursuant to the above order
Present 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 Rangers Recorder
The Military Commission was then duly sworn and Ta-ham-pu-hida,
a Sioux Indian was arraigned on the following charges and specifications.
viz
Charge -- Ta-ham-pu-hida, a Sioux Indian, did participate in
the murder of white citizens of the United States.
Charge - - Murder
Specification - Ta-ham-pu-hida, a Sioux Indian did at
various times between the 18th day of August 1862 and the 28th
day of September 1862 participate in various murders and massacres
committed at various times between the above dates by the war
parties of the Sioux Indians upon the persons of white citizens
of the United States. this on the Minnesota Frontier and between
New Ulm and Yellow Medicine.
By order of Col. H. H. Sibley Witnesses -Commd'g Mil Ex -x S.H.
Fowler. A. A. A.
The prisoner being asked whether he was guilty or not guilty
answered as follows-- I have not been at New Ulm, Yellow Medicine
or the Fort. Have been here all the time with Red Iron. At the
last Battle Indians gave notice that all the Indians who did
not go would be killed. I staid at a distance on a mound and
had no arms.
The
testimony being closed the Commission was cleared and proceeded
to their finding. The Military Commission after due deliberation
upon the foregoing find the prisoner as follows.
Not
guilty on the charge.
Not guilty on the specification.
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}
Recorder }
[Signed by the five members of the Commission]
Case
178: Na-pay-shne
Camp
Release opposite the mouth of Chippewa River, Minn.
The Military Commission met pursuant to the above order
Present Col Brooks 6th Regt. to M.V. Members Major Bradley 6th
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 Rangers Recorder
The Military Commission was then duly sworn and Na-pay-shne
a Sioux Indian was arraigned on the following charges and specifications.
viz --
Charge and specification against Na-pay-shne, a Sioux Indian---
Charge -Participation in the murders, outrages and robberies
committed by the Sioux Tribe of Indians on the Minnesota Frontier.
Specification
- In this that the said Na-pay-shne, Sioux Indian did join with
and participate in the murders, outrages and robberies committed
on the Minnesota Frontier by the Sioux Tribe of Indians between
the 18th day of August 1862 and the 28th day of September 1862
and particularly in the Battles at Fort, Birch-Coulie, New Ulm
and Wood Lake--Was
wounded at New Ulm-- Said he killed nineteen persons.
By order of Col. H. H. Sibley, Brigadier General Commanding
Witnesses
-Wakinya David Faribault Thomas Robertson Signed - S.H. Fowler.
Lt. Coe - State Militia A.A.
Prisoner
states: I was not at the Fort -- I was not at New Ulm -- I had
a sore knee and couldn't go.
Thomas Robertson being sworn states -- I heard the prisoner
say the morning after the first massacre that (his gun) was
old gun, but that he had killed 19 with it-- This was in front
of John Moore's house. His wife and children (seen?) at the
Beaver Creek Massacre.
Wakinya
being sworn says -- I never knew anything about the prisoner.
Prisoner
states I never fired my gun off.
And
therefore the case being closed the Commission was cleared and
proceeded with findings and sentence. The Military Commission
after due deliberation on the foregoing find the prisoner, the
said Na-pay-shne, a Sioux Indian as follows --
Guilty of the specification
Guilty
of the charge and sentence him to be hanged 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}
Recorder
}
[Signed
by the five members of the Commission]
Case
238: Ta-hoh-pe-wa-kan
[The
complete record of testimony follows. The charge, specification,
and order are in a form similar to the case above (178)]
Prisoner states-- I went with a party which pick up things which
the whites left behind.
Louis
LaBelle being sworn says-- The prisoner was among those who
were on horseback in the battle referred to in case 236 -- He
had a horse and was up on it when I saw him, belonging to the
soldiers. (See case No. 236)
[Ta-hoh-pe-wa-kan was found guilty and was sentenced to be
hanged.]
Case
241: Pay-pay-sin
[The complete record of testimony follows.
The charge, specification, and order are in a form similar to
the case above (178)]
Prisoner states-- I was at Fort Ridgely and stood near the stable.
I fired three shots. [Underlining is that of Recorder.]
[Pay-pay-sin
was found guilty and was sentenced to be hanged.]
Case
242: Am-ay-toa-ha-kshe-do
[The complete record of testimony follows.
The charge, specification, and order are in a form similar to
the case above (178)]
Prisoner
states-- I was at the Fort. I went with the others to die. I
was at Birch Coulee. I fires 2 shots-- I think 3.
[Am-ay-toa-ha-kshe-do was found guilty and was sentenced
to be hanged.]
Please
click here to go to the trial of We-chank-wash-to-do-pee (Chaske)
Photo
above Minnesota Historical Society