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121:, was that a state of war existed between the United States and the Lakota Nation and as such the belligerents were entitled to kill each other without threat of criminal penalty. In such a case, Plenty Horses should not be tried for murder. They also submitted that if the prosecution was correct that there was no state of war between the Lakota and the United States, then the US soldiers involved with the killings at Wounded Knee should also be charged with murder.
128:, the presiding judge in the case, halted the proceedings and instructed the jury to find that a state of war did exist at the time of the killing between the Lakota and the United States and that the skirmishes between the Lakota warriors and the U.S. Army were actually battles. As Judge Shiras stated on record; "If they were not it would be hard to justify the killings of the Indians at Wounded Knee and other places".
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would state publicly that a state of war did exist at the time. An unexpected witness for the defense at the trial of Plenty Horses was
Captain Frank D. Baldwin, a member of Miles’s staff, who was already in the state, having gone to Pierre to urge the governor to ban the sale of weapons to Indians,
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Five years I attended
Carlisle and was educated in the ways of the white man. When I returned to my people, I was an outcast among them. I was no longer an Indian. I was not a white man. I was lonely. I shot the lieutenant so I might make a place for myself among my people. I am now one of them. I
115:, figured prominently in the investigation of the events surrounding the Wounded Knee Massacre, specifically as to whether Spotted Elk's band were considered to be prisoners of war. The central argument of Plenty Horses’ two lawyers, George Nock and David Powers, both working
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As a result of the finding that a state of war did exist, Plenty Horses escaped conviction for murder and was released, thereby helping to exonerate the soldiers of the
Seventh Cavalry, the perpetrators of the Wounded Knee Massacre, none of whom was ever charged.
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the day after the
Wounded Knee Massacre, was arrested for the murder and his case went to trial. His defense was he shot and killed Casey as an effort to redeem himself in the eyes of his people after having spent five years at the
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Baldwin’s testimony supported the main assertion of the defense; that Plenty Horses had killed Casey as the officer was spying on the Indian encampment on the
Stronghold Table.
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It was in the government’s interest that the Lakota killed at
Wounded Knee be considered as combatants and prisoners of war who rose up in armed resistance. On May 28, 1891,
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Gary D. Solis, The Law of armed conflict: international humanitarian law in war (Cambridge
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learning the ways of the white man. He returned in time to be present on the reservation during the massacre.
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After the trial he came to public attention only once more, appearing at the South Dakota stand of the
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Roger L. Di
Silvestro, The Shadow of Wounded Knee: The Untold Final Story of the Indian Wars, p. 203
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Roger L. Di
Silvestro: In the Shadow of Wounded Knee: The Untold Final Story of the Indian Wars
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Robert Lee, Fort Meade and the Black Hills (University of
Nebraska Press, 1991) p. 135
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at Chicago of 1893. He then disappeared into obscurity, but lived on until 1933 on the
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77:(designated Troop L, Eighth Cavalry) two miles north of the Stronghold Table in the
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EDWARD S. ELLIS, M.A: THE PEOPLES STANDARD HISTORY OF THE UNITED STATES
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Marty Gitlin, Wounded Knee Massacre (Greenwood, 2010) p. 97
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People from the Pine Ridge Indian Reservation, South Dakota
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shall be hung, and the Indians will bury me as a warrior.
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Congressional edition By United States. Congress p.132
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