36 BUREAU OF AMERICAN ETHNOLOGY [Bull. 195 



agent at once began a movement to scatter them over the reservation, 

 in order to prevent the spread of contagious diseases and to speed the 

 beginning of agricultural work. He soon induced the so-called "half- 

 breed band" to remove to the mouth of Chikaskia Creek, 8 miles from 

 the agency. Having been on the move through the smnmers of 1877 

 and 1878, the Ponca had been unable to cultivate the soil for 2 years. 

 Also in 1878 they suffered greatly from malaria, or "chills and fever" 

 as it was then termed. As the Ponca had come from their northern 

 home where such ills were little known, the disease was peculiarly 

 fatal to them, and many died of it after they reached the Indian 

 Territory. In fact, since the tribe left Nebraska one-third had died, 

 and nearly all of the survivors were sick or disabled. Talk around 

 the campfires was continually of the "old home" in the north. 



Finally, the death of Chief Standing Bear's eldest son set in motion 

 events which were to bring a measure of justice, and worldwide fame, 

 to the chief and his tribe. Unwilling to bury his child in the strange 

 country. Standing Bear gathered a few members of his tribe, and 

 started for 3Id-azl, the Ponca burial ground in the north. Sixty- 

 six, in all, the tribesmen set out on foot for Nebraska, following an 

 old wagon drawn by two wornout horses. In the wagon was the 

 body of Standing Bear's son. 



When Secretary of the Interior Carl Schurz was notified of Stand- 

 ing Bear's "escape" he caused a telegram to be sent to Gen. George 

 Crook, ordering him to arrest the runaways and return them to Indian 

 Territory. In the meantime Iron Eyes, chief of the Omaha, met the 

 Ponca and offered them food and asylum on his reservation. General 

 Crook, however, pursuant to his orders, took the Indians into custody. 

 On their way south the party camped near the city of Omaha. Their 

 story was made known to the citizenry, and soon Omaha was seething 

 with indignation at this latest evidence of the Government's cruelty. 

 Sympathetic residents of the community, with the approval of Gen- 

 eral Crook, employed local legal talent to apply for a writ of habeas 

 corpus in the Federal court in Omaha. The United States denied 

 the prisoners' right to sue out a writ, on the grounds that "an Indian 

 is not a person within the meaning of the law." 



The trial aroused intense interest, and the courtroom was crowded 

 with Wliite sympathizers of the Ponca, who were spellbound by an 

 eloquent speech by Standing Bear in his own defense. A newspaper 

 reporter who was present wrote : 



There was silence in tlie court as the chief sat down. Tears ran down the 

 judge's face. General Crook leaned forward and covered his face with his 

 hands. Some of the ladies sobbed. All at once that audience by common im- 

 pulse rose to its feet and such a shout went up as was never heard in a Nebraska 

 court room. No one heard .Judge Dundy say 'Court is adjourned.' There 

 was a rush to Standing Bear. The first to reach him was General Crook. 



