Page:Federal Reporter, 1st Series, Volume 2.djvu/65

 58 fesebal befobteb. �United States v. Osboen. �(Diitrict Court, J). Oregon. April 8, 1880.) �Indian— SprRiTiioiisLiQUOBs— Ret. 8t. } 2139.— The disposition ofspirit- uous liquors to an Indian, under the charge of an Indiau agent, who. has abandoned his nomadic life and tribal relations, and adopted the habits and manners of civilized people, violates section 2139 of the Revised Statutes. �Information for disposing of spirituous Hqnor to an Indian. �Ru/ua Mallory, District Attorney, for the United States. �Defendant m propria persona, �Deady, D. J. This is an information filed by the district attorney against Frank Osborn, charging him with hàving disposed of spirituous liquor to an Indian, under the charge of an Indian agent, contrary to section 2139 of the Bevised Statutes. �The defendant pleaded not guilty, and submitted to be tried by the court without the intervention of a jury, �The evidence, in which there is no conflict, proves that the Indian in question belongs to one of the tribes on the Warm Spring Eeservation, under charge of Indian Agent Capt. John Smith; that with the consent of the agent and his mother he has lived off the agency with Mr. Miller, near Eugene, in this state, for the past eight or ten years, as a domestic, and was therefore commonly called "Joe Miller;" that within a few months since he left the house of Mr. Miller, and has been working in the neighljorhood for some of the farmers, and occasionally making his home with an Indian living in the vicinity upon a portion of the public land under the home- Btead act, and called "Indian Jim ; " that this Indian belongs to one of the coast reservations, but has nbt resided there for some fifteen years, and claims to be a citizen and voter of Oregon ; that a short time since, and after Joe had left the Millers, he went to Eugene, a few miles distant from his former residence, and asked the defendant, who kept a drug etore there, for a pint of alcohol. �The defendant knew the Miller family, and Joe, as au Indian ����