Copyright USGenNet Inc., 2025 All Rights Reserved USGenNet Data Repository Please read USGenNet Copyright Statement on this page: Transcribed and submitted by Linda Talbott for the USGenNet Data Repository http://www.us-data.org/ =========================================================================== Formatted by USGenNet Data Repository Chief Archivist, Linda Talbott All of the above information must remain when copied or downloaded. =========================================================================== The County Reporter Grand Rapids, WI Thursday, 1 January, 1885 An Interesting Case Fond du Lac Commonwealth The Circuit Court was occupied Friday afternoon and to-day with the trial of the case of S. S. Fowler et al, trustees vs. John H. Scott. This is a test case, of a good many, to which all the Brothertown Indians are vir- tually plaintiffs and thirty white settlers of the town of Brothertown are defendants. When the land of Brother- town reservation was allotted to individual memmbers of the tribe in 1840, there were 500 acres omitted, or that were not allotted to anybody. This omission was discovered and the United States granted a patent of the 500 acres to S. S. Fowler and others, to hold in trust for the Brothertown tribe of Indians. Since that time the land has been squatted on by settlers and now suit is brought to obtain the value of the land. The case involves many questions of law and equiuity and is being tried by Elihu Colman for the plaintiff and T. W. Spence for the defen- dant, who are arguing the case to-day. Many members of the Brothertown tribe were in atten- dance upon court and a volume of records of the tribe brought from the archives of Calumet county were also used. This volume is a curious old relic of the tribe having been kept by the town clerk of the town of Deans- burgh, as Brothertown was then called. This particular volume covers the history of the tribe as far back as 1836 and on the page of that year is found a detailed account of a murder trial carried on by the Indians. On July 3, 1836, in a drunken quarrel, Peter and Jacob Konkopot, two Stockbridge Indians, killed Joseph Palmer a Brothertown. The Stockbridge Indians were anxious that the offenders be brought to justice as were also the Brothertowns. Accordingly the two were arrested and taken to Green Bay to be tried by the whites as was the custom. But the whites refused to receive the prisoners, and they were brought back. A council of chiefs of both tribes was held and it was agreed to consult Thomas Dean, the Indian agent, who is very highly spoken of in the records. The result was that on Aug. 2, the members of both tribes assembled in the school house, chose Mr. Dean moderator, adopted a modus operandi and proceeded to try the defendants. It was agreed that, after the evi- dence, the guilt or innocence of the parties should be determined by ballot. Two days were occupied in taking testimony, the prisoners having pleaded "not guilty," and an opportunity was given them to summon witnesses in their behalf, but they had none. Mr. Dean examined the witnesses. After the testimony was all heard, Rod- olphus Fowler and Daniel Dick, of the Brothertown tribe, and Andrew Miller and John W. Quinney, of the Stockbridge tribe, was appointed tellers, and a ballot were taken resulting in 38 votes for "guilty" and 2 for not "guilty." Another ballot was then ordered to decide whether the punishment should be death or perpetual banishment from the tribe, and by a vote of 33 to 9, death was prescribed, a two-thirds vote being mercenary in both cases. Defen- dants were then ordered hung on Oct. 21, between 10 o'clock A.M., and 3 o'clock P.M., the ceremony to be conducted by the marshalls of the two tribes assisted by six men from each. The records kept at this time were kept by Thomas Cummuck, town clerk, but whether the two men were hanged is not recorded. ===========================================================================