Oklahoma Osage Tribe

An Osage Murder Trial
At a payment of annuities to the Osages on their reservation in 1873, a trial for murder was held according to Indian forms, which presented many interesting and novel incidents. About a month previous, great excitement had been created among the tribes inhabiting the Indian Territory, by the discovery of the headless body of Essaddowa, an enlightened and progressive Wichita chief, who had been set upon, when engaged in a buffalo chase, by some Osages, and there barbarously murdered.

This cowardly and causeless assassination of their chief, by a tribe with whom they were living on terms of amity, filled the minds of the Wichitas with just indignation, and they immediately set about the work of taking revenge for the outrage. The Osages number three thousand persons, and are a powerful, robust people, although by no means warlike in their habits. Their women have the credit of chastity and cleanliness, but the men are regarded as treacherous and predatory, and their buccaneering exploits on the cattle trail, have brought them into general disrepute. The Wichitas are one of the wasted tribes, which are confederated with the Caddoes, Delawares, Kechies, Towacconies and other Indians, the whole confederation not exceeding 1,500 in number. Previous to going to war with the Osages, who outnumbered the Wichitas ten to one the latter tribe strengthened their alliance with the other confederated bands, by entering into defensive and offensive relations with the Cheyennes and Arapahoes, who can send 600 doughty warriors into the field.

But before any warlike operations were entered into, Agent Richards, of the Wichita agency, sent official notification of the murder of the Wichita chief to Indian Superintendent Hoag, asking the arrest and punishment of the murderers, and demanding that proper satisfaction be rendered for the outrage committed upon the tribe. The latter official forbade all warlike preparations and promised at the approaching payment of the Osages to cause ample justice to be done. The Osages were notified of the demand that would be made upon them, and were admonished to give up the offenders to avoid further trouble. When Assistant Superintendent Beede visited the Osages at their agency, before the payment was made, he demanded of the Osage governor, Joseph Pahnipasha, what satisfaction they were willing to render the Wichitas. He replied that he was willing to have the offenders tried according to Osage forms, and that he had engaged two Cherokee attorneys as counsel.

A friendly talk ensued in which it was explained that the Wichita had met his death not to gratify the spite of any treacherous assassin, but in obedience to divine inspiration. A small party of Osages had been out in the performance of some religious rite, and while the communication between their devotees and the Great Spirit were in progress, on of the party during a sleep received an revelation to issue out and slay the first person that crossed his path. Sallying out in obedience to this dead command, he had chanced to meet the Chief Esaddowa, while separated from his followers, and the Osage warrior had immolated him as a victim, believing that the behests of the Great Spirit were paramount over all mere human considerations.

While the matter was being discussed, the brother of the fallen chief rode suddenly and unexpectedly into camp, attended by a delegation of 50 warriors from the Wichita agency. He announced that he was delegated by the Wichita tribe to demand satisfaction of the Osages for the murdered chief, and if that was refused him, to declare war against the tribe, and denounce them as traitors and assassins; and in proof of his delegated powers, the impetuous chief produced various papers bearing the signatures of the principal chiefs of the tribes in alliance with the Wichitas, wherein they bound themselves to enforce reparation from the Osages, or that being denied them to dig up the hatchet and proceed against them viet armis. The Osage governor received the party courteously, set refreshments before them and assured them of his desire to have ample justice done.

The next day the trial was proceeded with. As the petition was against the Osage nation, the murderer was not produced in court. The court was held in a grove and fully 1,000 Osages were present. The Osage nation was represented by the governor, and his two principal chiefs, Chetopa and Hard Rope, with the Cherokee counselors, Cols. Adair and Vann. Esaddowa’s brother, with two or three other chiefs, entrusted with power plenipotentiary, argues the demands of the Wichita nation. Assistant Superintendent Beede was present on the part of the government, to see that justice was done and to prevent any resort to violence by the parties in litigation.

The brother of the murdered chief opened the case. He said he saw the Osages were prepared to make a long disputation over the matter. He had not come to argue the point, to establish any proofs; there was no need for this. The outrage committed upon the Wichitas was known to all, and it was equally well known that some members of the Osage nation were the offenders. Here was proof enough. His simple business was to demand the punishment of the criminals, one or more, and an indemnity for the evil perpetrated.

The Osage chief, Chetopa, set up a defense, that in as much as the offense had been committed at the command of the Great Spirit, the offender could not be justly held as a criminal, and he was amenable to no punishment. A war party of the Wichitas had invaded the Osage camp, and delivered a haughty message, but he wished them to understand that the Osages were not to be scared with big words. Let them first prove that any offense had been committed by the Osages, then would be time enough to talk about paying an indemnity.

The Wichita chief replied that he was prepared to prove nothing. It was known to all that Esaddowa had been murdered by a small party of Osages, whose names could be ascertained. If the Osage governor chose to deny it – to show a forked tongue – well and good. His mission was ended. If the Osages refused to do justice to the Wichitas, the latter had the means to enforce it, and were prepared to take ample revenge.

A long conference between the Osage chiefs and their Cherokee counsel followed this address. Col. Adair then said the Osages were willing to yield everything to justice, but they were to be bullied into no concessions. The Wichitas might send their young men to the Osages with insolent demands, but they expended their breath to no purpose. Something was due, perhaps, to the feelings of the Wichita chief, whose brother had been slain by the direction of the Great Spirit, as if he had been withered with the lightning’s breathe. But it was certainly absurd to come to a great and just nation like the Osages, and demand reparation for crimes committed, when he was provided with no means to establish the fact that the Osages were the guilty parties.

Seeing that the Wichita envoy was bout to retire in dudgeon, Gov. Joseph requested to be heard. He said: “The Wichitas are but few people, but they are firmly treading the road of our white brothers. They are good friends to the Osages. The fallen chief has many times eaten bread with me; and we have sent up the incense of smoke to the Great Spirit together. The Osages would not be guilty of denying justice to the shade of the fallen chief. His widow and orphans appeal to us for support, and it is not be said that they have appealed in vain.” Murmurs of applause from both sides followed this magnanimous and pacificatory speech from the Osage governor, and the good feelings his sentiments had created were further cultivated by a general fumigatory process and hand shaking all around.

When the trial was resumed in the afternoon, Col. Adair opened the proceedings by declaring that the Osages were willing to admit having caused the death of Esaddowa. They assumed it as a national offense and as a nation offered to make reparation. The demand for the punishment of the Osage warrior at whose hands the Wichita chief had fallen, could not be listened to. The man had slain the chief from no criminal motive, but at the command of the Great Spirit. If his religious frenzy had led him to mistake the divine inspiration, that made the whole affair the more unfortunate, but it by no means fastened criminality upon him. The Osages would make reparation in money and horses, and it only remained for the Wichitas to say what sum of money would be a just indemnity.

The proposition seemed acceptable to the Wichitas. The chief negotiator solemnly lighted his pipe, and then seated himself in the midst of his company to decide upon the amount of the indemnity. A long conference was held, but no satisfactory result arrived at. Mr. Cyrus Beede was then called into the council, and his opinion asked in setting a deodand upon the slain. It was amusing to see how the grief of the Wichitas for their murdered chief was mixed with the desire to make as much profit as possible out of his death. At length a verdict was obtained and announced to the court in the following terms:

“The Wichitas wish to remain friends with their brothers, the Osages. The Wichitas are treading the white man’s road, and have buried the hatchet so many grasses ago that it has now grown rusty. They prefer to teach their young men to plant corn, to split fence rails and to follow the peaceful industries of the pale faces, rather than to re-kindle the flames of war which, like a fire applied to the dry prairie, travels fast and far, and involves all in one common ruin. They will not insist upon the punishment of Esaddowa’s murderer. The shade of the fallen chief will mourn that it is not accompanied to the happy hunting ground by the dreary shade of the Osage warrior at whose hands he fell. But we will intercede with the Great Spirit to receive it. We have now to deal with the living. The widow and orphans left by the murdered chief require the means of support, and the Wichitas demand reparation in being deprived of his wise counsels. The Wichitas have counseled with their friends upon the demand they should make upon the Osages to repair their loss, and they have fixed the amount at $1,000 in money, 20 good, serviceable ponies, and $500 in annuity goods.”

Gov. Pahnipasha inquired how the Wichitas required to have the indemnity paid them. The Wichita chief said the money must be paid into his hands by the assistant superintendent. But a general murmur from the Osages, men and women, showed that this arrangement was disapproved. Hard Rope proposed that the annuities and hard money should be paid to the Osages, and then the sum to be paid the Wichitas should be made up by assessment. But this the Wichitas would not listen to, they well knowing that if the per capita fund had been disbursed in full to the Osages, there would have been such a rapid disappearance of the recipients, that the indemnity fund of the Wichitas would make a very meager showing. At length on the proposition of Mr. Beede, it was arranged that in order to make up the money payment, $2 should be deducted from each head of family, and paid into the hands of the man selected by the Wichitas to act as their fiduciary agent. Some cavil then ensued upon the number of ponies and the amount of annuity goods to be paid, and after some little time spent in bantering, the number of ponies to be forfeited was reduced to six, and the forfeit in annuity goods was fixed at $300.

Judging from the exclamations made by the various Osages, as the mullet was deducted from their individuals quotas, the next member of that tribe who feels himself called upon to immolate a victim to the Great Spirit, will have an interesting time in procuring his fellow tribesmen to condone for his offense. Mr. Beede, as if to enforce a due sense of the penalty upon each Osage beneficiary, would mention the amount handed to each person, and then add, “and two dollars for the Wichitas.” They writhed at this. “This is the last money I will pay for any crazy fool,” they would murmur “who considers himself an avenging instrument of the Great Spirit.”

When the money payment was over, the selection of annuity goods for the Wichitas was made under the direction of Agent Gibson. The ponies were contributed by the Osage chief. The Wichitas set apart $300 for the use of Esaddowa’s widow, the remainder of the payment would be applied for the benefit of the tribe. An amicable settlement having been thus made, the Wichitas ate their parting meal, indulging in fumigatory exercises, and then departed for their distant homes, with protestations of unswerving fealty to their friends, the Osages. – From "Aboriginal Fragments, A Collection of Anecdotes Exhibiting The Manner, Customs, Traits, and Amusements of the American Indians. With Descriptions Of Their Domestic Relations and Religious Ceremonies, Sketches of Adventures, Historical and Mythological Legends, Incidents of Warfare, Etc." by, W. W. Beach, at the office of the Librarian of Congress, at Washington, reprinted in The Bucks County Gazette, Bristol, Bucks County, PA, Thursday, September 9, 1875 Page 1 – Contributed by Nancy Piper