1862 Trial 382: Ma-hoo-way-wa

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.

Mahoowaywa’s is trial thirty-eighth of thirty-nine in this series. 

Transcript: Trial 382 Ma-hoo-way-wa

Page Images: #382 May-hoo-way-wa

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Whiting-Ruggles Summary December 5, 1862

No. 382. MA-HOO-WAY-WA.—Convicted of participating in the massacre at “Travellers’ Home,” and of murdering a man on the road near there.[1]

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Trial Record November 3, 1862

[Trial #382 – Ma-hoo-way-wa]

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 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

Head Qtrs. Camp Release Min. Oct. 15 1862

Order No. 65

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. A.A.A. Gl

Camp Sibley Lower Agency

November 3 1862

The Military Commission met pursuant to the above order-

Present

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

The Military Commission was duly sworn and Ma-hoo-way-wa a Sioux Indian was arraigned in the following charge and specifications, viz

Headquarters Camp Sibley

29 October 1862

            Charge and specification against Ma-hoo-way-wa a Sioux Indian

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

Specification –In that Ma-hoo-way-wa 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 of the Fort, Birch Coolie, New Ulm, and Wood Lake.

By order of Gen.l H.H. Sibley

S.W. Fowler Lieut Col.

A.A.A. Gl

Witness

Godfrey

Prisoner states –

I wasn’t at the battle of the Fort.

I was wounded this side of New Ulm.  I had to go down. I had no gun.  I went down with a pipe and did nothing.

Godfrey, sworn, says –  It’s not true about his not wanting to go.  They were all very much pleased with the troubles and ran to the Dutch settlement – first killed a lot of white people and then came to a load of wheat..  Prisoner had a double barreled gun.  He said he took the gun from a house in the German settlements.  They all made a rush at the wagon loaded with hay –two white men were in it – about.  The Indians all fired on them.  I did not see them afterwards.  They were all scattered along the road going to New Ulm.  I afterwards met him coming home to Crow’s Village and he was wounded.  I afterwards heard he had been away two nights.  I asked him and he said it was so. I asked him if it he was wounded and he said “Yes”.  I asked him how it happened and he said he shot

[Frame 895]

a white man and ran towards him and the white man shot him with a pistol.  That he fell and lay there a long time, and when he came to, the white man was dead.

He made rush with others where an old man and two girls were killed, this side of the Traveller’s Home.

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 Ma-hoo-way-wa, 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

38. Ma-hoo-way-ma (He Comes for Me) says he was out in one of the raids toward the Big Woods; did not kill anybody, but struck a woman who had been killed before; was himself wounded.[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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