Wyandot Government: A Short Study of Tribal Society | Page 5

offense is punished by having
her hair cropped; for repeated offenses her left ear is cut off.
_THEFT._
The punishment for theft is twofold restitution. When the prosecutor
and prosecuted belong to the same gens, the trial is before the council
of the gens, and from it there is no appeal. If the parties involved are of
different gentes, the prosecutor, through the head of his household, lays
the matter before the council of his own gens; by it the matter is laid
before the gentile council of the accused in a formal manner.
Thereupon it becomes the duty of the council of the accused to
investigate the facts for themselves, and to settle the matter with the
council of the plaintiff. Failure thus to do is followed by retaliation in
the seizing of any property of the gens which may be found.
_MAIMING._
Maiming is compounded, and the method of procedure in prosecution
is essentially the same as for theft.
_MURDER._
In the case of murder, if both parties are members of the same gens, the

matter is tried by the gentile council on complaint of the head of the
household, but there may be an appeal to the council of the tribe.
Where the parties belong to different gentes, complaint is formally
made by the injured party, through the chief of his gens, in the
following manner:
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._
Treason consists in revealing the secrets of the medicine preparations
or giving other information or assistance to enemies of the tribe, and is
punished by death. The trial is before the council of the tribe.

_WITCHCRAFT._
Witchcraft is punished by death, stabbing, tomahawking, or burning.
Charges of witchcraft are investigated by the grand council of the tribe.
When the accused is adjudged guilty, he may appeal to supernatural
judgment. The test is by fire. A circular fire is built on the ground,
through which the accused must run from east and west and from north
to south. If no injury is received he is adjudged innocent; if he falls into
the fire he is adjudged guilty. Should a person accused of having the
general reputation of practicing witchcraft become deaf, blind, or have
sore eyes, earache, headache, or other diseases considered loathsome,
he is supposed to have failed in practicing his arts upon others, and to
have fallen a victim to them himself. Such cases are most likely to be
punished.
_OUTLAWRY._
The institution of outlawry exists among the Wyandots in a peculiar
form. An outlaw is one who by his crimes has placed himself without
the protection of his clan. A man can be declared an outlaw by his own
clan, who thus publish to the tribe that they will not defend him in case
he is injured by another. But usually outlawry is declared only after
trial before the tribal council.
The method of procedure is analogous to that in case of murder. When
the person has been adjudged guilty and sentence of outlawry declared,
it is the duty of the chief of the Wolf clan to make known the decision
of the council. This he does by appearing before each clan in the order
of its encampment, and declaring in terms the crime of the outlaw and
the sentence of outlawry, which may be either of two grades.
In the lowest grade it is declared that if the man shall thereafter