Trials

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Trials

When an Indian has been wronged by a member of his tribe he may, if he does not wish to settle the difficulty personally, make complaint to the Chieftain. If he is unable to meet the offending parties in a personal encounter, and disdains to make complaint, anyone may in his stead inform the chief of this conduct, and then it becomes necessary to have an investigation or trial. Both the accused and the accuser are entitled to witnesses, and their witnesses are not interrupted in any way by questions, but simply say what they wish to say in regard to the matter. The witnesses are not placed under oath, because it is not believed that they will give false testimony in a matter relating to their own people.

The chief of the tribe presides during these trials, but if it is a serious offense he asks two or three leaders to sit with him. These simply determine whether or not the man is guilty. If he is not guilty the matter is ended, and the complaining party has forfeited his right to take personal vengeance, for if he wishes to take vengeance himself, he must object to the trial which would prevent it. If the accused is found guilty the injured party fixes the penalty, which is generally confirmed by the chief and his associates.