Transcript of Record — United States v. Andrews

SUPREME COURT OF THE UNITED STATES.

OcTOBER TERM, 1900.

No. 423.

THE UNITED STATES AND THE KIOWA AND COMANCHE

INDIANS, APPELLANTS,

Vs.

THOMAS C. ANDREWS.

APPEAL FROM THE COURT OF CLAIMS.

INDEX.

Original. Print.

ae wat scde passe eeeen mie ews esos s~ee ss se % ee 1 1

Plea to jurisdiction ......-..-------------+---eeee errs ee sees rrr 2 2

Findings of fact and conclusion of law ... .------------ =---++++57007> 3 2

Judgment of the court . ......---------------ercee cette resets trttt 4 3

Application for and allowance of appeal... .....-2--------- eee eee eeee- 5 3

Certificate of clerk .......--.-.---- 2-2-2 eee eee eee ence ee cee ec eneee 6 4

7671

THE UNITED STATES ET AL. VS. THOMAS C. ANDREWS. 1

1 In the Court of Claims.

Tuomas C. ANDREWS, )

Us. | No, 7836, Indian

Tue Unirep Srates and THe Krowa Anp Co- Depredation.

manche Indians. |

I. Petition —Filed July 23, 1892. ~

To the Honorable the Court of Claims:

The claimant, who is now a resident of Tarrant County, State of Texas,

respectfully represents :

First. That the following described property, then belonging to him,

was taken from his possession without his consent, by Indians of a tribe

or nation then in amity with the United States, without just cause or

rovocation on the part of the claimant or any of his agents, and the same

never been returned or paid for, to wit:

335 beef steers, of the value of $20 each.............506- $6, 700. 00

15 saddle horses, of the value of $75 each...........+-4- 1, 125. 00

14 saddle horses, of the value of $100 each. ..........--- 1, 400. 00

Cr ee ree eee ssbiecke Win an Ke alee Be ~++- $9, 225.00

>

Second. That said property was taken as aforesaid by a band, tribe, or

nation of Indians known as the Kiowa and Comanches on or about the

middle of June, 1876, or 1877, in the Indian Territory, near the Ouchita

River.

Third. No claim for said losses has heretofore been presented for

examination and payment to any Department of the Government.

Fourth. Claimant alleges that he is entitled to relief and payment of

his claim under act of Congress of March 3, 1891, entitled “An act to

provide for the adjudication and payment of claims arising from Indian

depredations,” and the acts therein referred to.

Fifth. Claimant alleges that he is now the sole owner of said claim;

that he is justly entitled to the amount herein claimed from the United

States, after allowing all just claims and offsets; that he is a citizen of

the United States, and he believes the facts stated in this petition to be

true,

Your petitioner therefore prays judgment upon the facts and the law,

in the sum of nine thousand two hundred and twenty-five dollars

($9,225.00), less fifteen per cent thereof, or so much as judgment may be

rendered for, as compensation to his attorney of record, for prosecuting

this case, and in whose favor he asks this court to render judgment in

that sum. :

Srras Hare,

Attorney for Claimant.

State or Texas, County of Tarrant, ss:

Thomas C. Andrews, being duly sworn, deposes and says, I am the

claimant in this case. I have read above petition, and the matters

2 THE UNITED STATES ET AL. VS. THOMAS C. ANDREWS,

therein stated are true to the best of my knowledge, information, and

belief. ;

Tuomas C. ANpreEws,

Witness—

Srvuart Harrison,

Subscribed and sworn to before me this 14th day of June, 1892.

[SEAL. ] Srvart Harrison,

A Notary Public in and for Tarrant ( bounty, Texas,

2 II. Defendants’ plea.—Filed May 10, 1899.

Now comes the Assistant Attorney-General, and after leave of the

court first had and obtained for plea to the declaration filed herein, says

that the claimant ought not to have and maintain his said cause of action,

becuase at the date of the alleged depredation the claimant was wrong-

fully and unlawfully within the Indian country, and was therefore a

trespasser and cannot recover.

Harry Peyton,

Actg. Assistant Attorney-General,

3 III. Findings of fact and conclusion of law.

This ease having been heard by the Court of Claims, the court upon

the evidence makes the following

FINDINGS OF FACT.

I.

At the time of the depredation, hereinafter stated, the claimant was a

citizen of the United States.

II.

In June, 1877, while the claimant, with a large number of cattle, was

travelling over the Chisom trail, the same being an established trail, en

route from Texas to a market in Kansas, and while camped on the

Washita River, on the Kiowa and Comanche Indian Reservation, in the

Indian Territory, Indians belonging to the Kiowa and Comanche tribe

of Indians took and drove away property of the kind and character

described in the petition, the property of the claimant, which was then

and there ported a worth the sum of $8,300.

Said property was taken as aforesaid, without just cause or provocation

on the part of the owner or the agent in charge, and has never been

returned or paid for.

ITI.

At the time of the said depredation the defendant Indians were in

amity with the United States.

s=—~"Y"

THE UNITED STATES ET AL. VS. THOMAS C. ANDREWS. 3

CONCLUSION OF LAW.

Upon the foregoing findings of fact, as a comclusion of law, that the

claimant, Thomas C, Andrews, recover judgment against the United

States and the Kiowa and Comanche Indians for the sum of eight thou-

sand three hundred dollars ($8,300.00).

It is ordered that out of the said judgment the sum of one thousand

two hundred and forty-five dollars (1,245.00) be allowed and paid to

Silas Hare, esq., claimant’s attorney of record, in full for services in this

case.

By THE CovuRT.

4 IV. Judgment of the court.

Tuomas C. ANDREWS )

vs. | Indian depreda-

Tue Unirep STATES AND THE KiIoWA AND Co-{ tion No. 7836.

manche tribes or nations of Indians. J

Ata Court of Claims held in the city of Washington, on the 14th

day of May, A. D. 1900, judgment was ordered to be entered up as

follows :

The court, upon due consideration of the premises, find in favor of

the claimant, and do order, adjudge, and decree that the said Thomas C.

Andrews, claimant, do have and recover of and from the United States

and the Kiowa and Comanche tribes or nations of Indians, committing

the wrong for which this judgment is rendered, the sum of eight thou-

sand three hundred dollars, of which sum there is allowed Silas Hare,

esquire, the claimant’s attorney, for prosecuting said claim, the sum of

twelve hundred and forty-five dollars, fixed by the court according to the

provisions of the act of March 3, 1891, chapter 538, section 9 (1 Sup-

plement of Revised Statutes, 2d edition, pages 915, 916).

By THE CouRT.

5 V. Application of defendants for and allowance of appeal.

Tuomas C, ANDREWS |

vs. | No. 7836, Indian

Tur Unirep States AND KrowA AND COMANCHE depredation.

Indians.

Now comes the Assistant Attorney-General and moves for the allow-

ance of an appeal from the judgment of this court in the above-entitled

— rendered on May 14, 1900, to the Supreme Court of the United

tes,

JoHN G. THOMPSON,

Asst. Attorney-General.

P. J. Frxn,

Asst. Attorney.

Filed June 9, 1900.

THE UNITED STATES ET AL. VS. THOMAS C. ANDREWS.

Ata Court of Claims held June 11, 1900, the foregoing application

for appeal was allowed as prayed for.

By THE Court.

In the Court of Claims.

Tuomas C, ANDREWS

vs. | No, 7836, Indian

THe Unrrep StaTes AND THE Kiowa AND Co- { — depredation.

manche Indians. J

I, John Randolph, assistant clerk of the Court of Claims, do hereby

certify that the foregoing are true transcripts of the pleadings in the

above-entitled cause, of the findings of fact by the court, and the con-

clusion of law thereon, of the judgment of the court, of the application

for and allowance of appeal to the Supreme Court of the United States,

In testimony whereof I have hereunto set my hand and affixed the

seal of said court at Washington, this 18th day of September, A. D,

1900.

[SEAL. ] Jounxn RANpDOoLpnH,

Asst. Clerk Court of PS

(Indorsement or cover:) File No. 17908. Court of Claims. Term

No. 423. The United States and the Kiowa and Comanche Indians,

appellants, vs. Thomas C, Andrews. Filed September 20, 1900. Office

Supreme Court of U.S. Received Sept. 20, 1900.

O