United States v. Sanders
U.S. Circuit Court for the District of Arkansas
Murder. The defendant [Ellis Sanders], a Cherokee Indian, was indicted for the murder of Billy, a white hoy, in the Cherokee country, west of Arkansas, in 1844. The defendant plead not guilty, and on the trial the proof on the part of the prosecution was, that in the latter part of July; 1844, the defendant, without any provocation or excuse, killed Billy by a blow on the head with a large maul, breaking the skull, and of which blow Billy instantly died.
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Murder. The defendant [Ellis Sanders], a Cherokee Indian, was indicted for the murder of Billy, a white hoy, in the Cherokee country, west of Arkansas, in 1844. The defendant plead not guilty, and on the trial the proof on the part of the prosecution was, that in the latter part of July; 1844, the defendant, without any provocation or excuse, killed Billy by a blow on the head with a large maul, breaking the skull, and of which blow Billy instantly died. It was proved that the deceased was an inoffensive idiot boy, and was reputed to be White. The evidence fully established the fact that it…
1Opinion of the Court
DANIEL, Circuit Justice,
charged the jury that it would not be necessary to give any particular direction as to the law of murder, because there was no contest on that point at all, nor had any justification been attempted for the killing of the deceased. If the jury believed the witnesses, who had not indeed been impeached in any way, it was an atrocious and wilful murder. The prisoner did not rest his defence on his innocence, but on the want of jurisdiction in this court to punish him at all. He is charged in the indictment to be a Cherokee Indian, and the deceased to have been a white boy…
2Cases cited2 opinions
- Esther v. Akins' heirsCourt of Appeals of Kentucky · 1842
- Chancellor v. MiltonCourt of Appeals of Kentucky · 1840
3Cited by2 opinions
- State v. PhelpsMontana Supreme Court · 1933
- Haveron v. BantivoglioDistrict Court, E.D. Pennsylvania · 1926