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 were destitute, and without a home. The members of the Omaha Committee, with substantial aid from many other friends of the Indian, succeeded in gathering about one hundred of the refugee Poncas near their old reservation. The number was soon increased to one hundred and seventy-five. The Santee agent's report for the ensuing year takes notice of them:

"In my report last year I spoke of a number of Ponca Indians who had come among the Santees. Since then they have nearly all left, and they are now living on an island, about three miles above Niobrara, adjoining their old reservation. I visited them a short time ago and found they numbered 103 souls. They have considerable corn; are making hay and building houses for the winter. They have been and are now receiving some assistance from an organization at Omaha which has been created for their relief."

Consternation was upon the autocrats of the Indian Ring. An Indian a person? Impossible. Entitled to the protection of the courts? A dangerous proposition. The Indian would be lost to the Inner Circle as a political asset if freedom were extended to him. The case was promptly appealed, but, in the language of the records:

"At the May term, 1879, Mr. Justice refused to hear an appeal prosecuted by the United States, because the Indians who had petitioned for