1862 Trial 68: E-tay-hoo-tay

For an overview of this series publishing the trial records of the 38 Dakota men executed at Mankato Minnesota on December 26, 1862, see the first post.

Etayhootay’s is the fifteenth of forty-one trials in this series. 

Transcript: Trial 68 E-tay-hoo-tay

Page Images: #68 E-tay-hoo-tay


Whiting-Ruggles Summary December 5, 1862

No. 68. E-TAY-HOO-TAY.—Told witness that he killed Divoll and seven white persons across the river; that the second day after crossing the river he killed a man and a woman.[1]


Trial Record October 1862

[Trial #68 – E-tay-ho-ta]

Proceedings of a Military Commission convened at Camp Release opposite the Mouth of Chippewa River by virtue of the following order

Order No. 55   Head Quarters Camp Release September 28th 1862

A Military Commission composed of Colonel Wm Crooks of the 6th Reg., Lieut. Col. Marshall of the 7th Regiment, Captains Grant & Bailey of the 6th Reg. And Lieut. Olin of the 3rd Reg. Will convene at some convenient point in camp at 10 o’clock this morning to try summarily the Mulatto, and Indians, or mixed bloods, now prisoners, or who may be brought before them, by direction of the Col. Commanding and pass judgment upon them, if found guilty of murder or other outrages upon the Whites, during the present State of hostilities of the Indians, the proceedings of the Commission to be returned to these Head Quarters immediately after their conclusion, for the consideration of the Col. Commanding.

The Commission will be governed in their proceedings, by Military Law and usage.

By order of the Colonel Commanding Military Expedition

(signed) S.H. Fowler

A.A.A. Genl

Order No. 65                                                               Head Qtrs. Camp Release Min. Oct. 18 1862

I. The Military Commission of which Col. Wm Crooks 6th Regt Minn Vols is President will reconvene tomorrow at 10 Oclock AM or as soon thereafter as practicable and proceed with the business before it.

II.Lieut. Col. Wm R Marshall 7th Minn Vols being absent on duty Maj. Gen Bradley of the seventh is hereby detailed to fill the vacancy thus occasioned.

By order of Gen.l H.H. Sibley

S.W. Fowler

Lieut Col. [ ] M.

A.A.A. Gl

Camp Release opposite the mouth of the Chippewa River

October 16 1862

The Military Commission met pursuant to the above order-


Col. Crooks – 6th Reg. M. V.

Maj. Bradley, 7th Regt. M.V.     Members

Capt. Grant, 6th Regt. M.V.

Capt. Bailey, 6th Regt. M. V.

Lt. Olin – 3rd Regt. M. V., Judge Advocate

Adjutant Heard – McPhail’s Mounted Rangers – Recorder

TheMilitary Commission was duly sworn and Etay-ho-ta a Sioux Indian was arraigned in the following charge and specifications, viz

Charge and specification against Etay ho ta a Sioux Indian

Charge –Participation in the murders, outrages & robberies committed by the Sioux Indians on the Minnesota frontier

Specification –In that Etay-ho-ta a Sioux Indian did join with and participate in the murders robberies and outrages committed by the Sioux Tribe of Indians on the Minnesota frontier between the 18th day of August 1862 and the 28th day of September 1862 and particularly in the battles at the Fort, New Ulm, Birch Coolie, and Wood Lake, and said he killed seven the first day across the river and killed Divol after he was shot.

By order of Gen.l H.H. Sibley

S.W. Fowler Lieut Col.

A.A.A. Gl


David Faribault

[Frame 521]

Prisoner states –

I shot two shots at the Fort.

I saw Ha Kea shoot Divol.  I had no gun at the time.

David Faribault, sworn, says –

Deft. told me he killed Divoll.  He said he also killed seven whites across the river and his father said he said he would give him seven plumes to wear.

Prisoner states he didn’t kill Divoll.

David Faribault further states – Deft. told me the second day he crossed the river and killed a white man and a woman.

And there upon the case being closed the Commission was cleared and proceeded with their finding and sentence

The Military Commission after due deliberation on the foregoing, find the prisoner, the said Etay-ho-ta, a Sioux Indian, as follows –

Guilty of the specification

Guilty of the charge,

And sentence him to be hung by the neck until he is dead.

                                    [signatures of Mil. Com.][2]


Riggs Synopsis December 1862

15. Etay-doo-ta (Red Face) says he was woke up in the morning of Monday, the 18th of August, and went with others, but he did not kill anybody.[3]

[1]Whiting-Ruggles Report to Abraham Lincoln December 5, 1862.

[2] Dakota Trials Records. Microfilm and holograph records in Center for Legislative Archives, U.S. Senate Records, National Archives. Transcription by Walt Bachman. See corresponding digitations of microfilm by John Isch.

[3] Mankato Independent December 26, 1862, “Confessions of the Condemned” p. 2. Editorial introduction reads: “Rev. S. R. Riggs has kindly prepared for us the following synopsis of conversations held with each one of the condemned prisoners, wherein is contained much interesting information.”

Transcriptions by Walt Bachman and Carrie Reber Zeman. Page images provided by John Isch.

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