ANTHROPOLOGICAL SOCIETY. 87 



settle the matter with the council of the plaintiff. Failure 

 thus to do is followed by retaliation in the seizing of any 

 property of the gens which may be found. 



MAIMING. 



Maiming is compounded, and the method of procedure 

 in prosecution is essentially the same as for theft. 



MURDER. 



In the case of murder, if both parties are members of the 

 same gens, the matter is tried by the gentile council on 

 complaint of the head of the household, but there may be 

 an appeal to the council of the tribe. When the parties 

 belong to different gentes, complaint is formally made by 

 the injured party, through the chief of his gens, in the fol- 

 lowing manner : 



A wooden tablet is prepared, upon which is inscribed the 

 totem or heraldic emblem^of the injured man's gens, and a 

 picture writing setting forth the offence follows. 



The gentile chief appears before the chief of the council 

 of the offender, and formally states the offence, explaining 

 the picture-writing, which is then delivered. 



A council of the offender's gens is thereupon called and 

 a trial is held. It is the duty of this council to examine 

 the evidence for themselves and to come to a conclusion 

 without further presentation of the matter on the part of the 

 person aggrieved. Having decided the matter among them- 

 selves, they appear before the chief of the council of the 

 aggrieved party to offer compensation. 



If the gens of the offender fail to settle the matter with 

 the gens of the aggrieved party, it is the duty of his nearest 

 relative to avenge the wrong. Either party may appeal to 

 the council of the tribe. The appeal must be made in due 

 form, by the presentation of a tablet of accusation. 



Inquiry into the effect of a failure to observe prescribed 

 formalities developed an interesting fact. In procedure 



