NCJ Number
63283
Journal
AMERICAN PHILOSOPHICAL SOCIETY PROCEEDINGS Volume: 88 Issue: 5 Dated: (NOVEMBER 1944) Pages: 368-371
Date Published
1944
Length
4 pages
Annotation
IMMEDIATE REPRISAL, TRIAL BY ORDEAL, AND ADOPTION OF THE MURDERER BY THE VICTIM'S RELATIVES ARE DESCRIBED IN THIS DESCRIPTION OF THE WAYS TWO OF THE THREE GROUPS OF THE DAKOTAS, YANKTON, AND TETON INDIANS TREATED MURDERERS.
Abstract
THE METHOD CHOSEN DEPENDED ON THE MOOD AND CHARACTER OF THE INJURED RELATIVES. GENERALLY, AN ACT OF IMMEDIATE REPRISAL WAS ACCEPTED; HOWEVER, IN SOME CASES, IF THE MURDERER'S RELATIVES SWORE REVENGE ON THE MAN WHO HAD DONE THE REPRISAL KILLING, AND IF BOTH PARTIES INVOLVED WERE NORMALLY MEN OF GOOD WILL, COUNCIL MEMBERS WOULD BE SENT TO RESTORE PEACE. TRIAL BY ORDEAL WAS USED IF NO MEMBER OF THE INJURED FAMILY TOOK REPRISAL, AND THIS INVOLVED EITHER CLEARING FOUR HURDLES OR RIDING A WILD HORSE BAREBACK AND WITHOUT REINS. FAILURE WAS PUNISHED BY DEATH, ADMINISTERED BY RELATIVES OF THE SLAIN VICTIM WHO STOOD BY WITH BOWS AND ARROWS. A VARIANT REQUIRED THE MURDERER, IF HE PASSED THE ORDEAL, TO LIE DOWN ON THE BODY OF THE VICTIM AND THUS RECOGNIZE THE ENORMITY OF HIS ACT. THE THIRD METHOD, ADOPTION OF THE MURDERER IN THE VICTIM'S PLACE, REQUIRED A MAN OF SELF-MASTERY AND GENEROSITY WHO WAS WILLING TO WIN THE MURDERER BY KINSHIP AND BY KINDNESS. THIS CUSTOM WAS CONSISTENT WITH THAT OF ADOPTING CAPTIVES OR EVEN AS IN THE CASE OF THE DAKOTAS, ENEMY WARRIORS WHO HAD KILLED THEIR RELATIVES. FOOTNOTES ARE INCLUDED. (AOP)