Indiana Palladium, Volume 6, Number 21, Lawrenceburg, Dearborn County, 29 May 1830 — Page 2

TRIAL FOR MURDER. Col. Pefper, sub-Indian agent, who has just returned from the Indian country, north, has politely favored us with the following notice of the "trial ofNozvelinggua, a Miami Indian," for

murder. . The court in Allen county commenced its session at Fort Wayne on Mon- . day the 9th inst. O i Tuesday following, JVoroelinggua, an Indian of the Miami tribe, was arraigned before the court on a charge of having murdered Wishmah. an Indian woman. David Wallace esq., of Brokvill, and Thos. J. Evans esq., of Ljgansport, appeared as counsel for the prisoner; and,on their motion, chief Richardville and J. B. Bowse were appointed and sworn as interpreters. The indictment was then read and explained to the prisoner; and when asked to say whether be was guilty or not guilty, he answered "I do not deny having killed the woman she was my slave, and by the laws of the nation i had a right to do so. She had stolen one of my children, and I had not seen her afterwards until the the day when I was put in jail, when I met her at Fort Wayne and killed her. If my fathers, when they purchased our lands, had told roe it was wrong, I should never have attempted it." -The court ordered the plea of "not guilty''1 to be entered by the clerk; and it was announced that to-morrow he would be tried. The next day the prisoner was set at the bar, and a jury called. The defendant's counsel demanded a jury de mediatate linguc,(. e. of his language ;) which,after argument, was over-ruled by the court. The jury wasthen sworn, and the witnesses, on the part of the state, called; when all the facts set forth in the indictment were admitted, by the prisoner, except the malice and discretion of the accused, which precluded the introduction of any testimony on behalf of the state. The defendant's counsel then moved the court to be permitted to prove, by the chief and other witnesses, that Wi8hmab, the person k'illed, was a negro woman, and the slave of the prisoner; that by the laws of the nation, their property in a slave is absolute; and also, their custom in punishing murder. To explain away the malice, much time was occupied in argument on the propriety of admitting this testimony. Among many things suggested, it was contended that the rights of science and revelation had never been extended to him; and that it would be cruel to make him accountable to laws he had no agency in enacting, and about which he could possibly know nothing. That by the 9 h article of the treaty ceding the lands, where this occurrence should have happened, the Indians had, by expresstipulation, reserved to themselves the right of hunting on them; and that, consequently, they had an implied right to bring with them their own laws and customs, and were accountable to no other, except in cases where they violated the persons or property of citizens of the United States. The court in giving their opinion, observed, that this case did not bring up the great question, now agitated, relative to the right of extending the laws of the S'ates over the Indians in their own territory; that they could make no distinction between this transaction and a similar one between foreigners or citizens on our territory; that the laws protected the j former as well as the latter while with in our limits, and they were accountable for any violations; that the article of the treaty referred to, did, without doubt, secure to the Indians the right of hunting on the land ceded by them, but with an express provision that they should peacefully demean themselves, and commit no violations, upon the persons or property of cilzens of the United Stales. This article of the treaty (continued the court)5o far from supporting the position taken by the prisoner's counsel, wa3 rather against it, in as much as it provides that their privilege of hunting shall only continue so Ion as they peaceably demean themselves, fibm which no inference could be drawn that they had a right to murder parh other. If they came upon our territory they were bound to know our laws, and abide by them; and that they could recogn'z no property in a human being .so absolute as lo authorize the right of taking the life of the slave for an) disobedience of the master's will. The testimony was, therefore, rejected. No further testimony was cfFcred by the , prisoner, and upon his own admissions, after argument by the prosecutor and each of the counsel fortlie prisoner, the case was submitted to theiurv; who, in about 40 minutes, returned a verdict of guilty of man daughter. Punishment hru years in the state prison and pay a fine of oi e cent. At the foot of the verdict the jury unanimously recommended htm to a pardon. The counsel for the prisoner suggested that they had nothing further to say in defence, only to express a wish that Thc child Miludtcl u is said nut lobe Now hiiKiu6t butclainicd ly bin as his iUvc i its mother -was.

the court would unite with the jury in

recommending the prisoner to the clemency of the executive of the state. The verdict was then expiaineu 10 me prisoner, and asked, "what he had to say whv judgment should not be pronounced "against him?" He seemed much depressed, and said he had nothing to say more tnan c uau saiu uciuic. ue court proceeded to pronounce sentence, having previously spoken of the nature of the offbnee of which he was found guilty, & the light in which it was viewed by the laws of the land. Thai however light it might be considered by him and his people, it could not be passed over when committed within our ter ' . i, u A niA iw.r 'ru ritory. The court then explained to him the lenity of the jury, and that, perhaps, they would unite in recommending him to a pardon. This revived him much; and heassurred the court if he was released he would go home and kill deer and raccoon, and only try to make an honest support for his family he would not strike even one of his own dogs. While in prison he had often talked of his wife and children and cried , and expressed a desire to return to them, not more on his own account than theirs. Nowclinggua is a good looking Indi an, of middle stature; his countenance open and manly, and he has the reputation among his people of being a good man. Several of his people were present during the whole progress of the trial, and among them his grandmother, said to be over 90 years old. They seemed to take much interest in the event, but conducted themselves with good order and propriety. He was splendidly dressed according to the Indian manner. It is generally supposed he will be pardoned, in as much as the court and jury unanimously recommended him to the mercy of the governor. The brutal and cold blooded indifference of the Indians, and the light in which the most atrocious murders are viewed among them, are most strildnglj' illustrated in the rase of Wishmah;but owing to an admission of the facts set forth in the indictment, the circumstances of her murder were not detailed on the trial. Had the witnesses on the part of the state been examined, it is believed that the jury could not have done less, under the law, than to have found Nowelinggua guilty of murder in the first degree. Wishmah, as we are informed, was a part blooded Indian and negro, and had for a time resided with the prisoner, either in the capacity of wife or slave. Some time before her murder she left him and married in another tribe, whither she carried the child spoken of. On a tour to Fort Wayne she met with her old master or husband, who it sems was angry with her. He immediately recognized her passing by, and leaving his companions seated on the ground, engaged in a game of mockasin, he siezed and threw her down, aid, lifting up her arm, very deliberately pointed his knife so as to give the fatal stab with more certainty. All this time the other Indians continued their game with unceasing attention, not appearing to notice the bloody deed that was committing by their siJe, notwithstand ing the woman uttered the most piteous cries for mercy. Halifax, Jlay 6. The Superior Court of Northampton County, was held last week, by Judge Martin, Three negro slaves were tried for murders committed at corn shucking , in different parts of the County. Primus was found guilty of manslaughter and sentenced to the pillory and whipping post, guilty of manslaughter and was branded and whipped, Lewis guilty of murder and sentenced to be hung on the 21st of this month. The following reported case has been handed us for publication, Northampton Superior Court, April Term 1830. Pepper vs. Garner. This was an action of assumpsit brought, by warrant before a magistrate, to recover the sum of one dollar, the price of a quarter of barbacued shoal, and carried up to the County court by appeal of the defendant, was there pending several terms when on a verdict and judgment for the plaintiff, the defendant appealed to the Superior Court. At the last term it wascontiuu ed for the absence of one of the plaintiff's witnesses, and now came on for trial before his Honour Judge Martin. The plaintiffproved that some time in the , the captain of the District having appointed a Militia muster at his house, he, the plaintifT, prepared four quarters of barbacued shoat, with a suitable quantity of bread and vinegar, and it not Seine; convenient to -pread a table, plaintiiF placed his "cue in a tray and made proclamation"' that on that day he would sell it by the

quarter and not by the meal ns heretofore; three quarters having been so disposed of, the Defendant, who is somewhat deaf, came up and said to plaintifTs servant he wanted his dinner', the servant told Defendant that his master sold by the quarter and not by the meal, and that Defendant had belter apply tcr Plaintiff; Defendant replied that he was hungry and in a hurry ; that he, the Defendant, would not pick the quarter but would ett only a proportional quantity out of the part that he the Defendant maiked off, the servant replied that he had better go to his master; whereupon Defendant sat down and ate of the part before maiked ( IF, and gave 25 cents to the servant ; on ihe money being given to phiniitf &: being told it was for Sam. Garner,the Defendant's dinner, tPiaintitr?aid "he sold his

meat by the quarter ana not by the meal," and tent the money back lo the Defendant. His honour here intimating that the PlaintilFcould not proceed iu assumpsit, the Plaintiff took a non suit. The costs exceed one hundred dol lars. Advocate, From the N. C. Star. A szveet Tooth. A few days since a Mr. R, of this neighborhood, who, by the by, had manifested upon sundry occasions a strong appetite for the good things of life, was regretting that, amongst other dainties, he could never get his fill of brown sugar; and bantering the company, said he could eat more than any one by would be willing to pay for. A gentleman present betted him a pound he could not eat a pound, which he readily did, and said that was but a "whetter of the appetite." Af ter a little parley, the Uwt was doublet! two moie pounds were weighed off, and placed like the fmt pound, on a ealver, which, by the help of a spoon, our gormandizer eon removed the little mountain before him, observing to the company "that he had a second time swept the platter, and gave strong indications that he had not yet worked himself up to high steam pressure, and if anyone fell like increasing the bet, he would not hack, although he had then eaten three pounds. Tim third and last bet was an eagle half dollar, that he could not eat a 1 -21b more, which he did a3 easily and thoroughly as did the giant that eat up the companion of Ul)sses, of whom it is paid, "Nor entrails, blood nop solid bone retmins." Mr. R says this was but a light breakfast for him, and regrets that his neighbors wonder at this little feat he performed and extol it so highly, and promises some day ere long to give them a farther specimen of his gastric faculties; and further remarked that a man that could not do that much "could never tame an otter," in which he once succeeded. He humorously styles himself "old Ebonv ;" and that he takes as much delight in a sweet breakast as some of our "Table. Orator" do in a "barbacue dinner;" and laughs at men's hazarding their lives for the sake of "posthumous fame." Sam Patch, he says, was but a silly fellow for making the fatal leap he did into the Gpnncssee river; so also was Tom Chilton for breaking his neck (politically,) by leaping from a column of the National Iutelhgencer. These false notions of fame, he thinks, originate in distempered minds, and is resolved upon entertaining none such. He says, with Fallstaff, "that as honour hath no skill in surgery," "and is but a trim reckoning," he'll none of it. After finishing his delicious breakfast, he says the physiognomy of the company gave strong indications of surprise and defeat. He requested them, however, to award him the victory by a treat, which (hey rea- i dily did; and in conclusion said he was' willing to bet that Ann Royal had no-' thing in all her black book to cope with him. He then drank the company's health, adjusted the sugar in his coat pockets, bowed to the company, and took up his march for home, playing upon his flute Ihe national air of "Hail Columbia." Mr. Rno doubt leads a sweet life of it. A SPECTATOR. Orange, May 10ib, 1830. From the Kentuckiao. Murder. A shocking murder was committed near Nicholasville, on Friday last, on a Mrs. Caldzccll, a young lady recently married to Mr. George Caldwell of the place. The circumstances, as we have understood them, are as follows: During the absence of her husband acting sheriff of the county, Mrs. Caldwell, for some offence, had slightly chastised a negro girl belonging to her, when a negro man, also a seivant of the family, coming in, inquired of the girl if she "would siand that;" and being reprimanded for his insolence, he 6truck Mrs. Caldwell on the breast and knocked her down. He then called on the girl to hold the hands of her mistress, when he obtained a rope which he put round her neck, and in that way strangled her to death. The negroes then laid her in bed, where she remained for some hours be-

fure her death became Lnovrn. On ifa being discovered, the negroes were immediately arrested and coi.tined in jail. They have since been cxamiued before a magistrate's court, and have confessed their guilt, with a detail of its hon id attendancies. Mr. Caldwell before her marriage was Miss Roberts of Nelson county. The negroes by whom she was murdered, she brought with her from her former home. A jeweller in Providence, Rhode Island, recently, being engaged in his bu-

tiness, a sharp ana une pi?t-c ui ileiv into the ball of his eye, and there lodged, subjecting him to the most accute pain. Having made application to several medical men, who, knowing the delicate nature of the eye ball, declined performing an operation. Another jeweller, fortunately thinking of the loadstone, placed it to the suiF-rer's eye, and drew out the steel without ii jury. Riot among Gold diggers. The Milledgeullc Statesman sas: "Accounts received from the Gold region, state that a serious affray has recently occurred among the diggers in the Cherokee Nation. We have heard nothing of the origin of the rencounter, but understand that a party of fifty or sixty Carolinians assailed a party consisting of twenty Georgians, for the purpose of driving them from a branch in which they were digging alter a warm contest the Carolinians were driven off; and the Georgians remained masters of the mine. It is said one man was mortally wounded by a blow from a spade and has since died several others were badly hurt. The civil authority should look to it." New York, May 4. Distressing Occurrence. About 9 o'clock on Tuesday eveniug a most distressing circumstance occurred in Jay street; two of Mr. L)man Denison's children were suffocated in bed. One of the children aged about 2 and the other about 3. It appears Mr. and Mis. Denison were out visiting Mr. Denison's mother and had left a servant to take care of the children; after she had got them asleep she left the room with a light in it. An elder child who was in the room removed the light from the mantelpiece and stood it beside the bed, which unfortunately caught fire; and before the servant returned the two children had been suffocated. Medical attendance was immediately obtained , but withont effect. THE MAIL ROBBERS. The trial of James Porter alias James May and George Wilson, against whom six bills ofindictment were found for robbing the Reading Mail, putting the life of the Carrier in jeopardy, &c. was commenced in the Cncuit Court of the United Slates, before Judges Baldwin and Hopkinson,in Philadelphia, on the 2Gth ult. On the 27th George Wilson, according to arrangement previously made, was brought up alone and arraigned his trial continued until the - . a . T 1 1 . ist inst. when the Jury Drought in a verdict of guilty on all the counts Porter was arraigned on the. 4th on the Cth the Jury returned a verdict of guilty upon all the counts thus the lives of both are forfaited. Franklin Repository. A Hint. The Grand Jury of Rowan county, N. C. presents as a nuisance the practice of a certain gtade of lawyers of abusing the characters of witnesses and parties to suits. They assert that it is time a stop was put to this "bnllragging, as they call it, in their classical language. They say the poor witnesses have no redress, for it is always "a hopeless case to go to law with lawr , jt, tt yers." do it is. j. i. Lour. Long Island Races. The races for the Spring meetiug are expected to be among the most interesting of any that have been exhibited since the days of Ellipse and Sir Henry. The note of preparation has sounded, and the show of fine horses is without a parallel. The celebrated Ariel arrived on the 2d inst. in fine order in the N. America, and has taken her station contiguous to her southern antagonist Arietta. A most interesting and spirited contest for 5000 a side is expected on Saturday next at t o'clock. Black Maria, Betsey, Ransom and Slender, are on the ground ready for the 1000 stake?, play or pay, for Monday " the 10th inst. Thirty or forty horses are training, and several are expected from the South for the races, sweepstake?, Szc. The remains of Smith, who was drowned in the Juniata, Penn. in Ftbruary were found in the latter part of March, and were followed to the grave by his widow, arm in arm with her rscond husband. A report is circulated that the president of the United States will pa)- a visit to the north, socu after the adjourniscnt ef congiess

300 for ony $1 50. GUAM) DISTRIBUTION OF I'KOPMtlT, FOR TliE BENEFIT OF

CLASS NO. 1 FOR 1830. II II . The greatest opportunity ever cji red in tins county for a fortune. JUSTICE TO A LI. MEN. 1st CAPITAL PMZti CASUt$C0 00 2d do. do. do. 150 CO 3d do. do. do. 7i 00 1 Superb Patent Lever Watch, 75 ( 0 2 do. Gold Watch. Chain aud Seal. 00 CO 1 do. JMdotle Clock, 40 00 1 do. do. do. SO CO 4 prizes of $25 each CASH, 100 CO do. 1Q do. 50 00 1 do. Coat Pattern, to order, 20 CO 1 do. do. do. 15 00 1 do do. do. 15 00 10 do of $7 00 Docts each 70 00 50 do. 2 00 Cash 100 00 50 do. 1 00 50 60 400 do. 50 cents 200 00 529 PRIZES: Total amount $1350 CO jYOT OjVE blamc to a prize. Whole numbers St 61) iiuivis.75 el Quarters, 37 1-CJ Cents. al 1 t the Exchange otfee Hiuaa or at Z BEDFORD'S and try your fortunes. To be drawn, this Splendid bcheuie, as soon as the numbers are sold. The proceeds of ibis distribution (after dc ducting printing txpenses, &c.) to be appropriated to the use & benefit of making a lioad, commencing al Short street, to the Ohio nvt r. Any person wishing to obtain a number, by enclosing One Dollar and fifty cents by mail or otherwise, shall be promptly attended to. All moneys paid to be placed in good nnd responsible bands, subject to a discount of 15 per cent Call at the truly lucky office in Lwrecceburgb, and try dame fortune. GEORGE W. GOULD, Alanagcr, References Z Bedford, Jeaac I'rotzuj&Q, D. V. Culley. April 14, 1830. 15 1 he announcement of the Drawing shall be given in our papers as soon as the numbers arc sold. Cash! Cash! The - Subscriber will give $10 PHH MGHTH For good tabonng hands at Portsmouth on tha Ohio, 1 15 milts above Cincinnati. A passage upon a steam boat will cost from $1 to I 50 cts. The woik on the canal has just commenced, and hands will ilad employment at ail times. LEMUEL MOSS. February 1830. 8-3oi gCj" Persons coming per steam boat, and engaging for the season will have have their passage paid, and no charge made thereof. WOOL CARDING. T HE subscribers are nov ready to card wool at their factor? in New Law0 renceburgh. Fulling, dying and dressing of cloth will be dooeat all litres when rrquired. TEST & DUAjY. April 24 1930. 17 Administratrix's Sale, NOTICE is hereby given, that a sale of Hip; personal goods and chattka of JONAS CHAMBER LIN, late cf Detrfon county de-censed, will tke place at the l&te residence of the deceusfd, on Stuidy the 12th ot June nest at which will be sold, One Wspon, Hursts, Cows, Farming Utensils, Kitchen Furniture, he. 8t. Sile to commence at 10 o'cloik ou said day, at which time and place the terms will be made known. HUTU CnAMBERLKW May 22, 1S30. Adra'x $10 RE W AUD. LOST on Tuesday last, on the posd leidinp; to Indianapolis, somewhere between t'.va Ferry at Nrw Lwrt net-burgh and Mancht ste-r, a FIFTY DOLLAR HILL of the bark of the United States description not recollected. Any person finding said bill, and leaving it at Luther PHimer's shall receive the above ae ward, and the thar.ks of WALTER PARDUX. May 22, 1S30, 03 Monthly Almanac. SVIAY, IB39. Hog weeds and demagogues begin to rise in this month; and hoes and princN pies arc good thing?. Young people will have strange dream?, and old ones see strange sights. Corn should be planted in this month remember there's been fro?t in September. CO 2 MOOV 5! jU. M. H. M rilASES. days. Full m 7 Last q. 15 C i r. t V 5 10G 50i o o 4 101! G 2G 5G7 507 45 7 i 9! 16 5C 1 23 I i 4 15 17 is i::o New m 22 1 1 Full m . 29 30,3 i I I ! ! i I to' i a rising and setting cf the Son.

Ssturd3j' ia each tvsclf.