The Trial of Standing Bear “Native Americans stick it to the Man”

Characters in the Trial Ponca Indian Chief, Standing Bear General George Crook, Soldier Thomas Tibbles, Reporter A.J. Poppleton, Lawyer John Webster, Lawyer Genio Lambertson, Lawyer Elmer J. Dundy, U.S. District Court Judge

Ponca Indians made to move White settlers enter the area and the Ponca Indians are forced to move The area the Ponca are forced to move to is located in NW Nebraska. This land had been promised to the Sioux tribe which they did not get along with. The Ponca are then ordered to a reservation along the Texas/Oklahoma border – the land is not good for farming

Standing Bear plans the Escape Chief Standing Bear led his people south against his will Standing Bear vowed to return to Nebraska It was illegal for any Indian to leave the Reservation w/o permission of the Govt. If one left, they would be arrested – usually they had an “accident” resulting in death

Tragedy Southbound Many of Standing Bear’s tribe die on the way to Oklahoma, including his own son Many die after arriving in Oklahoma, 2/3 of the tribe is killed by disease, (small pox, etc.) Standing Bear and several others take a chance and escape back north to NE Govt notice the escape days later and send the Army out to arrest Standing Bear and others

General George Crook General George Crook – Career Soldier Decorated Indian Fighter Civil War Vet Led the group set out to arrest Standing Bear Respected the Indian ways Saw them as an organized group being unjustly treated Sought to help Standing Bear secretly Native Americans (General Crook’s Headstone at Arlington Natl cem.)

General Crook

Fort Omaha

Gen. Crook’s house

The Parade Grounds

Thomas Tibbles Reporter for the World Herald Indian sympathizer Visited in the middle of the night by General Crook and was encouraged to publicize Standing Bear’s case Helped to push Standing Bear to sue the Govt. The case was that Standing Bear was denied his 14 th Amend. rights

The 14 th Amendment-1868 “No person born or naturalized in the United States subject to the jurisdiction thereof, are citizens of the United States and the state wherein they reside. No state shall abridge the privileges or immunities of citizens of the United States: nor shall any state deprive any person of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the law.” – U.S. Constitution, 1868

The Prosecution District Attorney Genio Lambertson was slated to represent the Govt Very experienced and was known for being hard to beat GM Lamberson

John Webster A very inexperienced Public Defender Appointed by the court to represent Standing Bear Was not being paid to defend Standing Bear

Enter A.J. Poppleton! Both General Crook and Tibbles knew that Lambertson was going to beat Webster, so they brought in a “ringer”. Tibbles went to Poppleton and convinced him this was the case to take – big time publicity! Poppleton agreed to take the case

Andrew Jackson Poppleton

Judge Elmer J. Dundy U.S. District Court Judge selected to hear the case Standing Bear vs. the U.S. Government

Standing Bear’s day in court Tibbles and Poppleton directed Standing Bear to appear as much as a “white man” as possible. The Court must see him as a “white man” and not as an Indian. Standing Bear did not wear the clothes that Poppleton told him to wear, instead, he dressed in full traditional Ponca wardrobe, feathers and all.

The Trial The trial lasted 12 days 2 days in the court room, 10 awaiting a decision On the second day, Standing Bear was allowed to speak and gave a remarkable speech outlining that he being an Indian was no different than any man in the courtroom

The Verdict This was a bench trial – no jury Judge Dundy found that Standing Bear’s rights had been violated by the U. S. Govt Standing Bear’s arrest and relocation were unconstitutional Standing Bear was the first minority to win a civil rights case against the U.S. Govt