Wyandot Government: A Short Study of Tribal Society - Bureau of American Ethnology by John Wesley Powell
page 17 of 25 (68%)
page 17 of 25 (68%)
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A wooden tablet is prepared, upon which is inscribed the totem or
heraldic emblem of the injured man's gens, and a picture-writing setting forth the offense follows. The gentile chief appears before the chief of the council of the offender, and formally states the offense, explaining the picture-writing, which is then delivered. A council of the offender's gens is thereupon called and a trial is held. It is the duty of this council to examine the evidence for themselves and to come to a conclusion without further presentation of the matter on the part of the person aggrieved. Having decided the matter among themselves, they appear before the chief of the council of the aggrieved party to offer compensation. If the gens of the offender fail to settle the matter with the gens of the aggrieved party, it is the duty of his nearest relative to avenge the wrong. Either party may appeal to the council of the tribe. The appeal must be made in due form, by the presentation of a tablet of accusation. Inquiry into the effect of a failure to observe prescribed formalities developed an interesting fact. In procedure against crime, failure in formality is not considered a violation of the rights of the accused, but proof of his innocence. It is considered supernatural evidence that the charges are false. In trials for all offenses forms of procedure are, therefore, likely to be earnestly questioned. _TREASON._ |
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