The Trial of "Indian Joe"

The Trial of

Author: Clare Vernon McKanna

Publisher: U of Nebraska Press

Published: 2003-01-01

Total Pages: 182

ISBN-13: 9780803232280

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On the night of 16 October 1892, a double homicide occurred on Otay Mesa in San Diego County near the Mexican border. The two victims were an elderly couple, John and Wilhelmina Geyser, who lived on a farm on the edge of the mesa. Within minutes of discovering the crime, neighbors subdued and tied up the alleged killer, Josä Gabriel, a sixty-year-old itinerant Native American handyman from El Rosario, California, who worked for the couple. Since Gabriel was apprehended at the scene, most presumed his guilt. The local press, prosecutors, witnesses, and jurors called him by the epithet ?Indian Joe.? ø The sensational murder trial of Gabriel highlights the legal injustices committed against Native Americans in the nineteenth century. During this time, California Native Americans could not vote or serve on juries, so from the outset Gabriel was unlikely to receive a fair trial. No motive for murder was established, and the evidence against Gabriel was inconclusive. Nonetheless, the case went forward. Drawing on court testimony and newspaper accounts, Clare V. McKanna Jr. traces the murder trial: the handling of the case by the prosecution, the defense, the jury, and the judge; an examination of the crime scene; and the imaging of ?Indian Joe.? Through his considerable research, McKanna sheds light on a dark time in the American legal system.


The Trial of ""Indian Joe""

The Trial of

Author: Clare V. McKanna Jr.

Publisher:

Published: 2003

Total Pages: 175

ISBN-13: 9780803206731

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On the night of 16 October 1892, a double homicide occurred on Otay Mesa in San Diego County near the Mexican border. The two victims were an elderly couple, John and Wilhelmina Geyser, who lived on a farm on the edge of the mesa. Within minutes of discovering the crime, neighbors subdued and tied up the alleged killer, José Gabriel, a sixty-year-old itinerant Native American handyman from El Rosario, California, who worked for the couple. Since Gabriel was apprehended at the scene, most presumed his guilt. The local press, prosecutors, witnesses, and jurors called him by the epithet "Indian J.


White Justice in Arizona

White Justice in Arizona

Author: Clare Vernon McKanna

Publisher: Texas Tech University Press

Published: 2005

Total Pages: 250

ISBN-13: 9780896725546

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"McKanna takes to task Arizona Territory's justice system during the 1880?90s." ?True West"A stark, sharply critical, and edifying look at the iniquities of false justice." ?Midwest Book ReviewThough trials in open court suggest impartiality, White Justice in Arizona reveals how, time and again, the judicial system of nineteenth-century Arizona denied Apaches justice. The Captain Jack, Gonshayee, Apache Kid, ?Carlisle Kid,? and Batdish murder cases offer a sad, compelling commentary on injustice for Native Americans.That these trials all ended in Apache convictions, Clare V. McKanna Jr. argues, proves the unfairness of applying the American legal tradition to a culture that lived by very different social and legal codes. Conquered and forced from their lands by white outsiders, Apaches found their customs and methods of maintaining social control dramatically at odds with a new and completely alien legal system, a system that would not bend to integrate Apache or any other Native American culture.Through case studies of these very different murder trials, White Justice in Arizona probes the federal and state governments? treatment of America?s indigenous populations and the cultural clashes that left justice the greatest casualty.?Clare V. McKanna Jr. analyzes the matrix of race, criminal law, and justice in nineteenth-century Arizona and finds fair trial for Indians absent. This is an important book advancing our understanding of race and justice in the American West by one of our most insightful historians.? ?Gordon Morris Bakken, editor of Racial Encounters in the Multi-Cultural West


"I Am a Man"

Author: Joe Starita

Publisher: Macmillan + ORM

Published: 2010-01-05

Total Pages: 276

ISBN-13: 1429953306

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In 1877, Chief Standing Bear's Ponca Indian tribe was forcibly removed from their Nebraska homeland and marched to what was then known as Indian Territory (now Oklahoma), in what became the tribe's own Trail of Tears. "I Am a Man" chronicles what happened when Standing Bear set off on a six-hundred-mile walk to return the body of his only son to their traditional burial ground. Along the way, it examines the complex relationship between the United States government and the small, peaceful tribe and the legal consequences of land swaps and broken treaties, while never losing sight of the heartbreaking journey the Ponca endured. It is a story of survival---of a people left for dead who arose from the ashes of injustice, disease, neglect, starvation, humiliation, and termination. On another level, it is a story of life and death, despair and fortitude, freedom and patriotism. A story of Christian kindness and bureaucratic evil. And it is a story of hope---of a people still among us today, painstakingly preserving a cultural identity that had sustained them for centuries before their encounter with Lewis and Clark in the fall of 1804. Before it ends, Standing Bear's long journey home also explores fundamental issues of citizenship, constitutional protection, cultural identity, and the nature of democracy---issues that continue to resonate loudly in twenty-first-century America. It is a story that questions whether native sovereignty, tribal-based societies, and cultural survival are compatible with American democracy. Standing Bear successfully used habeas corpus, the only liberty included in the original text of the Constitution, to gain access to a federal court and ultimately his freedom. This account aptly illuminates how the nation's delicate system of checks and balances worked almost exactly as the Founding Fathers envisioned, a system arguably out of whack and under siege today. Joe Starita's well-researched and insightful account reads like historical fiction as his careful characterizations and vivid descriptions bring this piece of American history brilliantly to life.


Injun Joe's Ghost

Injun Joe's Ghost

Author: Harry John Brown

Publisher: University of Missouri Press

Published: 2004

Total Pages: 284

ISBN-13: 0826262449

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What does it mean to be a "mixed-blood," and how has our understanding of this term changed over the last two centuries? What processes have shaped American thinking on racial blending? Why has the figure of the mixed-blood, thought too offensive for polite conversation in the nineteenth century, become a major representative of twentieth-century native consciousness? In Injun Joe's Ghost, Harry J. Brown addresses these questions within the interrelated contexts of anthropology, U.S. Indian policy, and popular fiction by white and mixed-blood writers, mapping the evolution of "hybridity" from a biological to a cultural category. Brown traces the processes that once mandated the mixed-blood's exile as a grotesque or criminal outcast and that have recently brought about his ascendance as a cultural hero in contemporary Native American writing. Because the myth of the demise of the Indian and the ascendance of the Anglo-Saxon is traditionally tied to America's national idea, nationalist literature depicts Indian-white hybrids in images of degeneracy, atavism, madness, and even criminality. A competing tradition of popular writing, however, often created by mixed-blood writers themselves, contests these images of the outcast half-breed by envisioning "hybrid vigor," both biologically and linguistically, as a model for a culturally heterogeneous nation. Injun Joe's Ghost focuses on a significant figure in American history and culture that has, until now, remained on the periphery of academic discourse. Brown offers an in-depth discussion of many texts, including dime novels and Depression-era magazine fiction, that have been almost entirely neglected by scholars. This volume also covers texts such as the historical romances of the 1820s and the novels of the twentieth-century "Native American Renaissance" from a fresh perspective. Investigating a broad range of genres and subject over two hundred year of American writing, Injun Joe's Ghost will be useful to students and professionals in the fields of American literature, popular culture, and native studies.


Blackfoot Redemption

Blackfoot Redemption

Author: William E. Farr

Publisher: University of Oklahoma Press

Published: 2012-09-28

Total Pages: 310

ISBN-13: 0806187786

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In 1879, a Canadian Blackfoot known as Spopee, or Turtle, shot and killed a white man. Captured as a fugitive, Spopee narrowly escaped execution, instead landing in an insane asylum in Washington, D.C., where he fell silent. Spopee thus “disappeared” for more than thirty years, until a delegation of American Blackfeet discovered him and, aided by the Commissioner of Indian Affairs, exacted a pardon from President Woodrow Wilson. After re-emerging into society like a modern-day Rip Van Winkle, Spopee spent the final year of his life on the Blackfeet Reservation in Montana, in a world that had changed irrevocably from the one he had known before his confinement. Blackfoot Redemption is the riveting account of Spopee’s unusual and haunting story. To reconstruct the events of Spopee’s life—at first traceable only through bits and pieces of information—William E. Farr conducted exhaustive archival research, digging deeply into government documents and institutional reports to build a coherent and accurate narrative and, through this reconstruction, win back one Indian’s life and identity. In revealing both certainties and ambiguities in Spopee’s story, Farr relates a larger story about racial dynamics and prejudice, while poignantly evoking the turbulent final days of the buffalo-hunting Indians before their confinement, loss of freedom, and confusion that came with the wrenching transition to reservation life.


Indian Justice

Indian Justice

Author: John Howard Payne

Publisher: University of Oklahoma Press

Published: 2002

Total Pages: 144

ISBN-13: 9780806134208

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In Indian Justice, Grant Foreman presents John Howard Payne’s first-hand account of the trial of Archilla Smith, a Cherokee charged with the murder of John MacIntosh in the fall of 1839. The Cherokee Supreme Court at Tahlequah (in present-day Oklahoma) found Smith guilty and sentenced him to die. Occurring immediately after the Cherokee Removal to west of the Mississippi River, the trial involved people on both sides of the bitter factional controversies then raging in the Cherokee nation. Payne’s account of this important Indian case first appeared in two installments in the New York Journal of Commerce in 1841. In his foreword to this new edition, Rennard Strickland places the case in historical and contemporary context, exploring the evolution of tribal court systems and Indian justice over the past century and a half.


Engendered Death

Engendered Death

Author: Joseph W. Laythe

Publisher: Lexington Books

Published: 2011-12-16

Total Pages: 213

ISBN-13: 161146093X

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Engendered Death: Pennsylvania Women Who Kill is an historical and interdisciplinary study of women who kill in Pennsylvania from the 18th century to the present. It is not an examination of what motivates women to kill, although the reader may deduce that from the case studies included. Instead, it is an examination of how society perceives women who kill and how the gender-lens is applied to them throughout the legal process in the media and in the courtroom. What makes this work particularly unique is its combination of both scholarly analysis and narrative case studies. As such, it will appeal to both the scholar and the reader of true-crime non-fiction. If we are to recognize the complex variables at play in all criminal offenses, we will need to understand that the laws of a community, its social values, its politics, economics, and even geography play a factor in what laws are enforced and against whom they are enforced. The decision to define and label certain behaviors and certain people was based on social, political, and economic considerations of each community. Thus, the commission of murder by a woman in Arizona may have a variety of factors associated with it that are not present in the case of a woman who murdered her husband in Maine. This study, in part because of the volume of cases and in part to limit the variables affecting the cases, has limited its scope of women killers to the state of Pennsylvania. Pennsylvania is the ideal state to study because of its long and stable legal and political traditions, its historically diverse population, and the large number of newspapers that will help us gauge the public's view of women and women who kill. By limiting our scope to one state, we know that the legal definitions are fairly consistent for all of the women during a certain period and we can more easily identify the shifts in social values regarding women and homicide.


Strange Things Done

Strange Things Done

Author: Ken S. Coates

Publisher: McGill-Queen's Press - MQUP

Published: 2004-04-28

Total Pages: 224

ISBN-13: 0773571892

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Klondike lore is full of accounts of the exploits of Dangerous Dan McGrew, Sergeant Preston of the Mounted, and the Mad Trapper of Rat River. The stories vary from outright fabrications to northern fantasies and, on occasion, real-life accounts. Strange Things Done investigates a series of murders in the pre-World War II Yukon, exploring the boundaries between myths and historical events. The book seeks to understand both the specific events, carefully reconstructed from court evidence and police records, and the broader social and cultural context within which these violent deaths occurred. The murder case studies provide a unique and penetrating perspective on key aspects of Yukon history, such as Native-newcomer relations, mental illness and the folklore about cabin fever, the role of immigrants in northern society, violence in the gold fields, and the role of the police and courts in regulating social behaviour. The investigation of these capital cases also illustrates the fear and paranoia which gripped the territory in the aftermath of a murder, and the societys insistence on quick and retributive justice when offenders were caught and convicted. The Yukon experienced fewer murders than popular literature would suggest, and fewer than most would expect given the region's intense and dramatic history, but those that did occur illustrate the passions, frustrations, angers and human frailties that are present in all societies. The manner in which the murders occurred and the way in which Yukoners reacted also reveals specific and important aspects of territorial society.