Edgefield Advertiser

Savages Had Stern Idea of Justice—How Sudden Change in Law Was Brought About.

Among the Indians of Michigan trial by jury was common practice in early days. The Saginaw band of Chippewas conducted a murder trial near the present site of Saginaw in 1823. A Delaware Indian from Ohio had married a Chippewa woman, and came to live with the tribe. During a drunken brawl he killed another Indian, and was called before a council for trial. The tribunal of Indians sat in a circle about a council fire, with the relatives of the murdered man among them. The murderer appeared in his own defense, explaining that he had been drunk at the time, and was therefore not responsible for his acts. He was willing, however, to make such reparation as lay in his power, according to the law of the tribe.

Thereupon he carried a great bundle of furs, a blanket, and all the money he had, and laid it at the feet of the relatives of his victim. The law then required him to walk slowly about the circle with folded arms to await the verdict. If the relatives of the deceased were satisfied he would be permitted to go unmolested, but, any of them who still harbored malice had the right to kill the murderer on the spot. The Delaware passed the relatives, and none of them lifted a weapon or a hand against him, but near the end of his circuit sat old Kishkawko, a chief of savage instincts. As the man on trial passed in front of Kishkawko the chief leaped to his feet, crashed his tomahawk into the brain of the murderer, and he fell dead. Thereupon there was an outbreak of protest from the council. Several of them exclaimed: "It is contrary to our law."

Old Kishkawko growled in answer: "The law is changed."