United States v. Gardner
District Court, E.D. Wisconsin
Nelson Gardner, who for many years had lived within the limits of the Stockbridge and Munsee Reservation, enrolled as an Indian of that tribe, was indicted for rape committed within the limits of the reservation December 18, 1909, on the person of an Indian girl. He was indicted under Federal Penal Code (Act March 4, 1909, c. 321, 35 Stat. 1151 [U. S. Comp.
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Nelson Gardner, who for many years had lived within the limits of the Stockbridge and Munsee Reservation, enrolled as an Indian of that tribe, was indicted for rape committed within the limits of the reservation December 18, 1909, on the person of an Indian girl. He was indicted under Federal Penal Code (Act March 4, 1909, c. 321, 35 Stat. 1151 [U. S. Comp. St. Supp. 1909, p. 1487]) § 328, conferring jurisdiction on the federal courts to punish certain specified crimes, in-eluding rape, when committed by one Indian against another within the limits of an Indian reservation. On defendant's…
1Opinion of the CourtQuarles, District Judge
(after stating the facts as above). [1] The first 'contention of the defendant is that he is not an Indian within the meaning of the statute; that his father was a white man, and that his mother was a part blood Indian who was never enrolled in the tribe. There is no virtue in this contention. The defendant is a mixed blood Indian who for many years has been enrolled as a member of the Stockbridge and Munsee tribe in Wisconsin, and recognized as such by the tribe and by the government. As such Indian, so enrolled, he became an allottee. For many years he had lived within the limits of the…
2Cases cited19 opinions
- United States v. RickertSupreme Court of the United States · 1903
- The Kansas IndiansSupreme Court of the United States · 1867
- United States v. CelestineSupreme Court of the United States · 1909
- Matter of HeffSupreme Court of the United States · 1905
- Bates v. ClarkSupreme Court of the United States · 1877
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3Cited by14 opinions
- State v. PhelpsMontana Supreme Court · 1933
- In re VasicekDistrict Court, E.D. Missouri · 1921
- State v. DavidsWisconsin Supreme Court · 1995
- Wisconsin v. Stockbridge-Munsee CommunityDistrict Court, E.D. Wisconsin · 1999
- Opinion No. Oag 19-80, (1980), Wisconsin Attorney General Reports1980
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