Chapter VII: Some Indian Testimony and Affidavits. Sickness

During the height of the pine and land purchases, crowds of Indians at White Earth were persuaded to visit Detroit and Park Rapids and Ogema. Contrary to the law, whiskey was frequently sold them. They tell how at Park Rapids, in the little square in the centre of the village, drunken Indians were lying on the grass in numbers, and at Ogema a saloon keeper was passing liquor in a bucket, and handing it out by the dipperful to Indians.

After the buyers had used persuasion to get the Indians to give up their allotments, they resorted to stronger measures in dealing with those who would not sell. A wife of a policeman at Pine Point, Mrs. John Rock, was awakened at eleven o’clock in the night by Detroit buyers, who forcibly entered her cabin, and stayed until two o’clock in the morning until they obtained one of her tracts of land.

When Indians visited Detroit and partook of liquor they were arrested. On being brought before the authorities and fined, they were told by the attorney who was supposed to defend them, or by the kind-hearted land buyer, that they must sell or deed over a tract of land in order to pay the fine. Sworn testimony in several cases is to this effect.

When Indians were brought into the offices of the buyers and hesitated about selling or mortgaging, more persuasive arguments were used. In the case of Grace Rock, who visited E. G. Holmes’ bank, the testimony now in the hands of the Government is to the effect that as she did not wish to sell at the price offered, and started into the hall, one of those present cried to Interpreter Morrison, “Go and fetch her back, and if she will not sell, we will throw her into the lake.”

Me-zhuck-ke-gway-abe in affidavit No. 268, July 29, 1909, states that one Fred Saunders got him to drink and then bought his land. A minor son, Willy Bassett, was told to sign papers, or he would be put in jail.

In the case of Mrs. Lawrence Roberts, her affidavit recites that she appeared before banker Anundensen with Interpreter Robert Morrison—“Anundensen asked if I was a mixed-blood and I said my parents are full-bloods. He said that is all right. We signed papers.”

I quote this case because it is typical of nearly one hundred others. The papers which she signed were not explained to this woman and may well have recited that she was a mixed-blood Indian.

ROSE ELLIS

One of the interpreters serving during the investigation of 1909.
Carlisle graduate. Full-blood Ojibwa.
]

A number of Indians have stated that “If you are related to mixed-bloods, it is all right.” I make particular mention of this mixed-blood question because, before the Congressional Investigation Committee Gus Beaulieu claimed that I endeavored to prove all Indians full-bloods, and that these Indians, having previously sworn before the land buyers that they were mixed-bloods, should now be indicted for perjury. We were especially careful in all our evidence, and we discriminated against those who appeared to be mixed-bloods—if there was any discrimination at all. Only Indians who were undoubtedly full-bloods were entered as such.

The fact that many Indians may have previously sworn that they were mixed-bloods does not prove them to be such. They were made to sign these papers, the papers were not explained to them, and if there is any perjury, the white people are responsible, rather than the Indians who have been duped.

When the business of dealing in Indian lands was at its height, carloads of wild bronchos from South Dakota, and broken-down horses from St. Paul were shipped up to the Indian country. The business was apparently conducted on a large scale, for several hundred Indians testified to having traded their allotments for a little cash and teams of horses, buggies, harnesses and sleighs, not to mention old pianos, graphophones and other useless articles in the struggle of the aborigines for existence. As the Ojibwa are woods or canoe Indians, and not “Horse Indians” as are the Sioux, very few of them understood the management of horses. Even if the horses had been strong and active, it is doubtful if they would have been of any considerable value to these Indians. Some of the horses lived but a few weeks. Many of them were so old that their teeth were worn down. The broncho would run away and smash the old buggy or sleigh.

Five interpreters, who confessed as to their part in these proceedings in order to escape prosecution, told how the bankers and real estate men often stood in their office doors and laughed heartily as the poor Indians drove away after conducting their business.

One young lady, who is a Carlisle graduate, told me that she and her sister, believing that the man who paid the Indians money for their land was cheating, put on Indian costumes, painted up and passed before him. Each girl was to receive $750. He said, “Do you speak English?” She replied, “kawin,” which is emphatic “no.” He then proceeded to count ones and twos aloud until he had reached what would appear to an ignorant Indian to be $750, but was in reality about $130. This girl stood aside and her sister then appeared. The man asked the same question, and she, waiting until he had counted the money, then said in English, “Don’t you think you had better count that over?” He flushed and stammered and made good the full amount to each sister. A woman sold a million feet of pine timber for $10,000 and came home with a thousand one-dollar bills stuffed in a long stocking.

One of our old Indian witnesses at Pine Point, sold seventy thousand feet of pine timber valued at nearly a thousand dollars, and all he received was ten dollars.

In the case of the old woman O-mo-du-yea-quay, she testified she was visited by interpreter Joe Flammand, who told her that Lawyer Beum would pay her $500 for her eighty acres. “When I got there, they gave me a little less than forty dollars and bought me a house alongside the railroad, containing one bedstead, two chairs, a small table and a little cook-stove. After that Flammand would come to my house and give me a dollar or a quarter. After a little while he told me that my money was all gone.”

One of the saddest stories told me at White Earth will be found in Official Affidavit 359, that of O-nah-yah-wah-be-tung. This man had valuable pine timber which, he states, he sold for $7000. The Indian having received the money, the grafters immediately got busy. One William Lufkins, a mixed-blood, persuaded him to pay $1800 for a ranch building. This was moved from some distance on the prairie to Ogema. A large sum was charged for moving the building. I heard that $400 was charged for moving it across the railroad tracks, which procedure occupied less than an hour. After the house was established on a lot fronting on the main street of Ogema, the Indian was told that he should go into business as do white people. It was suggested that he start a feed store. He trusted one or two men to visit St. Paul and buy flour and feed in order to stock his store. These men squandered a thousand dollars in dissipation. He sent them three hundred more and they returned with a small quantity of feed stock. Thus the man’s money dwindled until he was defrauded out of his entire $7000, and is today a pauper.

In the following cases I have stated the facts briefly, without giving the Indian’s name.

In the testimony on file in case numbered 382, it appears that a certain attorney and prominent man, had brought before him an Indian woman who did not wish to sign papers, and the attorney said if she did not do so he would have her arrested and put in jail. The proprietor of a lodging house at Detroit, according to this sworn statement, gave these Indians liquor.

State of Minnesota )
)SS
County of Becker )

On this 8th day of September, A.D. 1909, before me, E. B.
Linnen, U. S. Inspector, Dept. of Interior, personally came
Gah-bay-yah-nah-quod-doke, who being first duly sworn by me
according to law, deposes and says:

I am a full blood Indian of the Otter Tail Pillager band of Chippewa
Indians belonging to and residing upon the White Earth Indian
reservation in Minnesota; my father’s name was Be-wash and my
mother’s name was Mah-ge-moze-o-quay; the names of my grandfather
and grandmother on my father’s side were Con-duh-wah-we-zoo and
——————; the names of my grandfather and grandmother on my mother’s
side were Wah-be-gay-cake and Ah-go-mo; and each of said persons was
a full blood Indian.

Her mark.

Witness to mark. Gah-bay-yah-nah-quod-doke

We, the undersigned being first duly sworn according to law, each
for himself and not one for the other, all depose and say:

That we are Chippewa Indians belonging to and residing upon the
White Earth Indian reservation in Minnesota; that we are personally
acquainted with the above mentioned deponent and know her to be a
full blood Chippewa Indian; that the names of her parents and
grandparents are as set forth above, and that each of said persons
was a full blood Indian.

Witness His mark

May-zhuck-ke-ge-shig

Witness His mark

Gay-bay-yah-mah-ge-wabe

Witness His mark

Day-cah-me-ge-shig

Witness His mark

Ah-yah-baince

Witness His mark

Gay-me-wah-nah-na-quoit

Witness His mark

Bay-bah-dwung-way-aush

Subscribed and sworn to before me this 8th day of

September, A.D. 1909.

U. S. Inspector, Dept. of Interior.

Copy of Official Affidavit with thumb-print signatures, used by
Linnen-Moorehead Investigators

]

According to affidavit numbered eleven, banker M. J. Kolb at Ogema sent for one of the Indians and stated that he wished to buy the pine on the minor son’s allotment. The minor was aged fourteen. The Indian went to Kolb’s bank and found another man there, who stated that, although the child was a minor, yet he would buy the timber and stand the risk. Kolb paid the Indian $100 and ten dollars of this was given to Jim Bunker, the interpreter. A month later the banker sent for the Indian and stated, “You better bring your trust patent of your original allotment to me or you will probably be arrested.” Thus Kolb obtained the Indian’s original allotment in addition to the minor child’s pine. I might continue repeating similar instances.

Two important and shocking statements I reproduce here. Government official numbers, 247 and 92. They are self-explanatory.

STATE OF MINNESOTA } SS
COUNTY OF MAHNOMEN }

On this 23d day of August, A.D. 1909, before me, W. K. Moorehead,
Spec. U. S. Indian Agent, personally came Mayn-way-way-be-nace, who
being first duly sworn by me according to law, on oath deposes and
says:

Two years ago Mr. Waller of Waubun, Minn., came to my house
for the trust patent of my original allotment No. 2321 for
E2NE—Sec. 8, 144–40. This was hardwood timber. He gave me $20
cash. When he came he made this statement, “I have already
arranged at the Court House to have you arrested, and have
come over here to get your trust patent to take care of your
land for you.” My wife, Ah-be-dah-sah-mo-quay, and my
children, Antoine and Maggie (Mah-geed) were witnesses. Andrew
Vanoss came with Mr. Waller as interpreter. Vanoss gave me
whiskey and also presented me with a pint bottle of whiskey.
Mr. Waller took the trust patent and handed me $20 in cash. As
near as I can judge, my giving up the trust patent cancelled
the obligations incurred in the mortgage referred to in the
affidavit signed by my wife, Ah-be-dah-sah-mo-quay.

In the fall of 1908 I went to Mahnomen with the Trust Patent of my
additional allotment No. 1702 for N2SW—Sec. 36—145–38. This may be
timber land. I saw L. O. Johnson, of the Prairie Land Company. I
sold the land to Johnson for $364. He did not ask any questions as
to my blood relationship. I signed papers, my wife was present.
Willie Brunette was interpreter. I was drinking at the time.

Three years ago Fargo and Peake of Ogema, Minn., came to my house
and asked if I had any dead allotments to sell. I told them I had
three: Naysh-kah-we-gah-bow, age 36 yrs.; Mah-co-day-we-gwaince, and
Zo-zed, age about 4 yrs. Fargo and Peake said that they would take
these three trust patents of the dead allotments to be probated.
They also stated that when my grandchildren (who were also heirs)
come of age they would pay the value of these allotments. This
summer they paid me $130. This is all I have ever received. My wife
and I signed papers. Willie Lufkin, was interpreter. I paid him one
dollar ($1.00).

About the middle of June, 1909, I took the trust patent of my
deceased grandchild, Simon Smith, to J. T. Van Metre of Mahnomen,
Minn., to be probated. I have received no money. This was allotment
No. —— for ——

The allotment of Naysh-kah-we-gah-bow was No. 2323 for S2SE—Sec.
2—144–41; of Mah-co-day-we-gwaince was No. —— for ——; of Zo-zed was
No. 2326 for E2SE—Sec. 5—144–40.

_His mark_
MAYN-WAY-WAY-BE-NACE.

Witness to mark
Georgia Lacy

Subscribed and sworn to before me this 23d day of August, A.D. 1909.

WARREN K. MOOREHEAD
_Spec. U. S. Indian Agent_

STATE OF MINNESOTA } SS
COUNTY OF BECKER }

Margaret Coburn, or
Margaret Colburne Age 45.
Allottee Orig. 2951, Lots 1–2–&9,
Sec. 6, Twp 142, R 42.

On this 6th day of September, A.D. 1909, before me, W. K. Moorehead,
Spec. U. S. Indian Agent, personally came Margaret Colburne, who
being first duly sworn by me according to law, deposes and says:

That about two years ago, in August, 1907, a man named Ephraim
Budrow came to my house at Cloquet, Minn., and finding me there
alone and observing my crippled condition, said, “I am surprised to
see you in this condition. Why don’t you sell some of your land?” He
asked me how much land I had. This man seemed to know about my land.
He asked for the two trust patents of my deceased husband, Joe
Colburne, No. 2950 for SW|4 of SW|4, Sec. 32 & SE|4 of SE|4, Sec.
31, T 143—42, for my own trust patent, as above, and for that of my
child Joseph, No. 2953 for Lots 4 and 12, Sec. 30, Twp 143, R 42.
Said Budrow walked back and forth in the room in an excited and
nervous manner, and presently he went out before I could stop him,
taking the three trust patents with him. Because of my crippled
condition I could not run after him but managed to crawl to the
window and called to him to stop. He paid no attention to me.

My son-in-law came home about noon. His name is Frank Houle. He
asked me what I was crying about and I told him that said Budrow had
run off with the three trust patents belonging to my husband
(dec’d), myself and the boy. My son-in-law started at once for town
to hunt for Budrow but could not find him. That same evening,
however, my son-in-law caught hold of this Ephraim Budrow as Budrow
was boarding the train and told Budrow to give up the trust patents
he had taken from me. Budrow reached into a pocket and handed out
some papers to my son-in-law, which my son-in-law thought were the
three trust patents but which proved to be only the trust patent of
my child Joseph. Three days after, when we managed to get enough
money, my son-in-law went to Ephraim Budrow’s house at Fish Lake,
White Earth reservation and said Budrow promised to give up the
other two trust patents the next morning, but during the night
Budrow went away. My son-in-law waited for Budrow two days but
Budrow failed to turn up.

About two months ago, when I was in Waubun, I was taken sick and
needing some money, the lawyers were very insistent that I touch a
pen, and after I did so I received $400 for myself and $100 for my
son. They asked me if I was a mixed-blood and I told them no, that I
was a full-blood. I was not sworn to these papers. There was no
interpreter and I did not understand the papers.

Her mark
MARGARET COLBURNE.

Witness to mark
C. E. DENNIS.

Subscribed and sworn to before me this 6th day of September, A.D.
1909, at White Earth, Minn.

WARREN K. MOOREHEAD,
_Spec. U. S. Indian Agent_.

It should be clear to all persons that those in authority should have informed these Indians that a trust patent lost did not mean the loss of property. By sending a small fee to Washington a duplicate trust patent would be issued to any Indian who could prove that he had lost his. Indians were allowed to remain in ignorance of this, and were led to believe that the trust patent was everything. Therefore, when they lost a trust patent they supposed they had lost their allotment.

The entire space assigned to this chapter could be devoted to a discussion of health conditions but it is too heart-rending to take up in detail. The Chippewa Indians are suffering from tuberculosis, scrofula, trachoma and other diseases. Thirty-two per cent of the children in the Government schools on examination by Government physician, Dr. Edwards, were found to have trachoma; fifty per cent of the Indians living at Pine Point have tuberculosis. Unless drastic remedies are adopted the Ojibwa will soon be a thing of the past. The Indian Office has built a hospital, and has rented of the Episcopal church a small one, yet these care for but a fraction of the sick.

The Catholic priest, Father Roman Homar, in charge of the Mission at Rice River, reported to me under date of April 29, 1910, that there was more suffering than ever before in his territory; that Indians died that winter, that many of the Indians were compelled to hunt rabbits, not for pleasure, but from necessity, and that practically all the rabbits on the reservation were killed. He exhausted his little fund and much of his own salary in caring for the unfortunate. Early in April he had utilized all the lumber at his disposal for the making of coffins, and for the last Indian that he buried, just previous to writing the letter, he made the coffin out of the church wood-box.

Rev. Father Felix, Catholic Missionary at Pine Point, and Rev. Wilkins Smith, Episcopal missionary at Twin Lakes, both wrote to me of the great suffering and poverty, sickness and death, and how their resources were taxed beyond their ability to meet the same, in order to relieve even such Indians as were connected with their various missions. The large orphan school near White Earth village is crowded.

_Ojibwa Squaw Dance_

Sung during the dance at Rice River, August, 1909. Recorded by W. K.
Moorehead.

This is the favorite song of the squaw dance. During five evenings,
when I listened to the music, and observed the ceremony of the
dance, this song was rendered more frequently than any of those
reproduced in Miss Densmore’s book. There are no words. The
musicians, five to eight in number, sat around a large drum, beating
time thereon and singing at the top of their voices. The repetition
of the song continues for nearly an hour. After a short intermission
the singers change to another air, but soon return to the favorite.

Gifts or favors are bestowed by dancers on their partners, and
according to Indian etiquette the full value must be returned when
one asks a person who has “favored him” to dance. The Indians never
slight each other or return trinkets for valuables. That “right” is
reserved to the white participants who once in a while take part.
]

The Government boarding school is now attended by about 300 pupils and does excellent work. At the time of our investigation, however, it was in a most unsatisfactory condition, and immediate reforms had to be inaugurated.

Prior to the Linnen-Moorehead investigation there was entirely too much swindling of school children. One would imagine that pupils in a Government school, and under the protection of the American flag, would be safer than pupils in ordinary institutions not governmental in character. Yet there are many cases on record where children, little and big, have lost their allotments while attending school. For this the Indian Office does not seem so much to blame as the teachers and superintendents who should have refused admission to persons who came to transact business with minors. It is gratifying to learn that the Commissioner has issued strict orders, and now it is impossible for strangers, land sharks, or others to enter Government boarding schools and swindle minors out of their property. My only regret is that the strong, right arm of the Government did not protect these poor people and their children prior to my arrival at White Earth.

Miss Phillomea Donnell was a pupil in the school at Flandreau, South Dakota, where many Indian children are assembled each year for instruction. She lived as do the others, in large dormitories. She testifies that while she was there, a prominent, educated Indian appeared and entered the music room without opposition on the part of any teacher or person in authority, and sent for Miss Donnell. She came down from her room, and the man produced a folded paper and a fountain pen. He said that there was a dispute as to how her name was spelled on the Government roll. There was some discussion about it, and he secured her signature on each side of this paper in order, as he assured her, to correct any error in the record. So she signed the paper in both places, and he gave her a folded piece of paper, or an envelope, and told her it was a present for her. Indians frequently make each other presents when visiting, and so she did not look at this paper until she had been in her room some time, as he told her it was a surprise. When she looked at the paper she found it was a check for $500. Then, realizing that her allotment of eighty acres, near the town of Mahnomen, was a valuable allotment, she concluded that probably he had made her sign a paper the result of which would be the loss of her land. She immediately sought the superintendent of that school and he referred the matter to Inspector Linnen and myself. The Indian had come to the school in an automobile to hasten matters. There were no witnesses to the signature, and he had no power of attorney in South Dakota, but only in Minnesota. Yet in a few days the deed was recorded with the signature of witnesses.

In our capacity as Government officials we reported this outrageous proceeding to the Department, prepared carefully-drawn affidavits covering the entire circumstances, and rushed them to Washington to enable the Commissioner to take immediate action. Up to the last that I heard from Miss Donnell, she had obtained no relief from the Government, but has been compelled to pay $57 out of her own funds (which were limited) to obtain her own land. The buyer would not have given it up but for the fact that he knew we were ready to proceed against him. I cite the case of this girl in detail, although there are others which could be mentioned where frauds were practised on minor children in the Government schools.

When the Graham Committee hearings were published, the affidavits and correspondence were made public. The Indian is supposed to have persuaded Miss Donnell to speak in his favor. One of the Department of Justice officials told me that the case against him was dropped.

We learned that certain educated Indians made a practice of going to these Government schools, calling the pupils into the parlor or the music-room or parade-ground, and transacting business with them.