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.

Napashue/Napesni’s is the twenty-fifth of forty-one trials in this series. 

Transcript: Trial 178 Na-pa-shue

Page Images: # 178 Na-pa-shue

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Whiting-Ruggles Summary December 5, 1862

No. 178. NA-PA-SHUE.—Convicted of participating in a massacre, and boasted he had killed nineteen persons.[1]

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Trial Record October 29, 1862

[Trial #178 – Na-pay-shue]

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

Order No. 55                           viz:

Head Quarters Camp Release September 28^th 1862

A Military Commission composed of Colonel Wm Crooks of the 6^th Reg., Lieut. Col. Marshall of the 7^th Regiment, Captains Grant & Bailey of the 6^th Reg. And Lieut. Olin of the 3^rd 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

Head Qtrs. Camp Release Min. Oct. 15 1862

Order No. 65

I. The Military Commission of which Col. Wm Crooks 6^th 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 7^th 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. A.A.A. Gl

Camp Sibley Lower Agency October 29, 1862

The Military Commission met pursuant to the above order-

Present

Col. Crooks – 6^th Reg. M. V.

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

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

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

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

Adjutant Heard – McPhail’s Mounted Rangers – Recorder

The Military Commission was duly sworn and Na-pay-shue a Sioux Indian was arraigned in the following charge and specifications, viz

Charge and specification against Na-pay-shue

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

Specification –In this that he said Na-pay-shue did join with and participate in the murders robberies and outrages committed by the Sioux Tribe of Indians on the Minnesota frontier between the 18^th day of August 1862 and the 28^th day of September 1862 and particularly in the Battles of the Fort, Birch Coolie, New Ulm, and Wood Lake –was wounded at New Ulm, said he murdered nineteen persons.

H.H. Sibley

Brigadier General Commanding

Witnesses

Wakinyan Washtay

David Faribault

Thomas Robertson

Prisoner states –

I was not at the Fort.  I was not at New Ulm.  I had a sore knee and couldn’t go.

Thos. Robinson, being sworn, states –

I heard the prisoner say the morning after the first massacre that that (his gun) was an old gun, but that he had killed 19 with it.  This was in front of John Moore’s house.  His wife and children were the first ones over at the Beaver Creek massacre.

Wakean-Washtay, being duly sworn, says –

I never heard anything about prisoner.

Prisoner says –

I never fired my gun off.

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, the evidence being closed and Commission was cleared and proceeded with the finding and sentence.

The Military Commission find the prisoner, the said Na-pay-shue, 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]

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Riggs Synopsis December 1862

25. Na-pa-shue (One who does not flee) says that at the time of the outbreak he was quite lame; he was not engaged in any of the massacres; he was not engaged in any of the battles, but was forced with others to comedown the Yellow Medicine before the battle of Wood Lake. He dies for no fault of his.[3]

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