People v. Gebhard

• Decision Date: 15 February 1908
• Parties: PEOPLE v. GEBHARD.
• Court: Michigan Supreme Court

151 Mich. 192
115 N.W. 54

PEOPLE
v.
GEBHARD.

Supreme Court of Michigan.

Feb. 15, 1908.

Exceptions from Circuit Court, Cass County; L. Burget Des Voignes, Judge.

Frank Gebhard was convicted of selling liquor to a person of Indian descent, and he brings exceptions. Affirmed.

Argued before McALVAY, C. J., and CARPENTER, GRANT, BLAIR, and MOORE, JJ.

[115 N.W. 54]

John E. Bird, Atty. Gen., and Thomas J. Bresnahan, Pros. Atty., for the People.

James H. Kinnane, for defendant.

BLAIR, J.

The respondent having been convicted of the offense of selling liquor to Joseph Blackmond, a person alleged in the indictment to be ‘a person of Indian descent,’ brings the record to this court for review upon exceptions before sentence. By agreement of counsel the facts were stipulated upon the record as follows: ‘First. That on the day of the offense charged against the defendant, Frank Gebhard, in the indictment, which is the selling to Joseph Blackmond of a glass of beer in the saloon of Gustave Weiland on the 10th day of July last, that said Blackmond was and is the son of a father who was a full-blooded white man and a citizen of the United States and of the state of Michigan. Second. That the mother of said Joseph Blackmond, the alleged person of Indian descent, was a full-blooded Indian Pottawatamie squaw. Third. That the said Blackmond, the person of alleged Indian descent was at the time of the offense charged, to wit, on the 10th day of July last, and for a number of years prior thereto had been, legally married to a wife with whom he was and is living, and is the father of children of that marriage. Fourth. That at the time of the offense charged against the defendant, Gebhard, to wit, on the 10th day of July last, and for a number of years prior thereto, he, the said Joseph Blackmond, had been and has continued to be and is now living according to the habits of civilized life on a farm owned by him in Cass county, Mich., with his wife and family. Fifth. That at the time of the offense charged, and for a long time prior thereto, he, the said Joseph Blackmond, had been and was segregated and separated from tribal relations, except as stated in the succeeding concession hereof. Sixth. That at and prior to the time of the alleged offense, to wit, on the 10th day of July last, there was and still is an organization existing of what is known as the ‘Pokagon Band of Pottawaramie Indians of Cass, Van Buren, and Berrien counties.’

[115 N.W. 55]

consisting of a chief and business committee, all of whom are now elective and elected every year, which organization exists and was gotten up, as at present constituted, for the purpose of prosecuting Indian claims against the government and against individuals for lands to which said Indians claim right and title; that the aforesaid chief is not now, nor has he for several years last past and prior to said 10th day of...