trial of
causes, but sometimes even a greater number were permitted. The civil
court in time of peace took cognizance of civil and criminal matters
arising in the band. Civil actions usually grew out of disputes about
the ownership of property and the court patiently heard the testimony
of the parties and witnesses and at once determined the ownership of
the article, delivered it to the successful litigant and the decision
was never reviewed or questioned. A majority of the court determined
the judgment.

Criminal matters of which the court took cognizance were assaults,
rapes, larceny and murder; all crimes against persons; and if committed
against a member of the tribe were severely dealt with. Sometimes it
was necessary to prove the crime by competent witnesses, and the court
was the judge of the credibility of these who testified, but rarely,
however, was it necessary to summon witnesses, for if the accused was
really guilty it was a point of honor to admit the offense and take the
consequences. Thus the real responsibility resting upon the court in
most cases was to determine the penalty. Usually a severe penalty was
imposed which could be satisfied by the payment of a certain number of
horses or other specific property to the injured party, or his family,
but if the offense was peculiarly repellent to the better sentiment of
the camp the court might insist upon the summary infliction of the
sentence imposed. This might be the death penalty, exile or whipping;
or it might be the destruction of the teepee and other property of the
convict. These latter penalties were, however, usually reserved for
another class of offenses; crimes which were against the community
rather than against an individual. These offenses were generally
violations of the game laws and the offender could expect little mercy.
How reasonable this policy was will be readily understood when we
recall that the subsistence of the entire nation depended almost
entirely upon the preservation of the wild game. The individual, who
would wantonly kill game fit for food, or frighten it away needlessly
from the vicinity of the camps was a public enemy and was treated
accordingly. He was fined, his property destroyed, he was whipped, or
if a persistent offender, he was reduced from his position as a hunter
and made to do the menial duties of a squaw; the latter being the most
humiliating and terrible sentence which could be imposed, deemed much
worse than