United States v. Osborn

Deady, D. J.

This is an information filed by the district attorney against Frank Osborn, charging him with having disposed of spirituous liquor to an Indian, under the charge of an Indian agent, contrary to section 2139 of ihe Eevised Statutes.

The defendant pleaded not guilty, and submitted to be tried by the court without the intervention of a jury.

The evidence, in which there is no conflict, proves that the Indian in question belongs to one of the tribes on the Warm Spring Eeservation, under charge of Indian Agent Oapt. John Smith; that with the consent of the agent and his mother he has…