CHEROKEE PHOENIX

NEW ECHOTA, MARCH 8, 1834

We fear our subscribers have not received our papers regularly since the 25th January. We can assure them that the fault is not ours. There are two mails that arrive at this place every Sunday evening: one from East Tennessee, ' the other from the North, via Laurenceville, Georgia. The Tennessee mail has failed three or four times since that date, while our packages have been accumulating at the Post-office, the Georgia mail is so extremely small that it could not take all the papers directed North and East. The fault may be charged to the contractors.

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CHEROKEE KILLED BY A LAND HUNTER.

Some time last month, near the Alltooney Gold Mines, 35 miles south of this place, Cunnoskeskee, a Cherokee, while hunting, had killed a ground hog (so called here) and had taken a seat on a log to skin it, when a white man, having a gun and looking for a lot, discovered him, and taking the Indian for a deer, with his rifle shot the poor Indian in the back near the spine. The ball penetrated through the stomach, of which he died immediately. The perpetrator made known this circumstance, and with him the Indians proceeded to the place, carried the corpse to the nearest house and buried it. We fear this example will follwed (sic) in order to clear the Indians from this country, as the humane policy enforced otherwise drags very slowly.

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We publish below an instrument of writing, purporting to be an action to recover damages of the Editor of this paper, by Col. Duke, Sheriff of Coweta County, for the publication of an article in which we stated, about the first of July, a criminal attempt had been made by Col. Duke on the persons of two Cherokee females, near this place. The writ has been executed on the editor, and at present, in the custody of the foreman of this paper, a prisoner, in our office, and is held to bail in the sum of one thousand dollars, and white persons only, taken for sureties. The labors of the editor of this paper for the present, will be suspended on account of this case, and probably will not appear again before the 12th of April.

The editor will demand to proceed into trial, if Court can dispense with the rule of Docket term, and by consent of parties, at the first Court, which comes on the last Monday inst.

This case is now managed so as to suppress the liberty of our press, and we regret to state of its success for the present, to the gratification of the whites but brazen faces, to satisfy their cupidities for Indian dirt to please the State of Georgia.

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GEORGIA. Murray County.

To the Honorable, The Superior Court of the County and State aforesaid.

The petition of David Duke, respectfully showeth that Elijah Hicks of the county and State aforesaid, has injured and damaged your petitioner in the sum of ten thousand dollars, for that whereas, your petitioner now is a good, true, honest, just, and faithful citizen of this State, and as such, has always conducted and behaved himself, and until the committing the several grievances by the said Elijah Hicks, as herein after mentioned, was always respected, esteemed, and accepted by and amongst all his neighbors, and other good and worthy citizens of this s\State, to whom he was in any wise known, to be a person of good name, fame, and credit. And, whereas, also, your petitioner hath not ever been guilty or until the time of the committing of the several grievances by the said Elijah Hicks, as hereinafter mentioned, been suspected to have been guilty of attempting to commit the monstrous crime of Rape or any such crime, by means of which said several premises he, your petitioner before the committing of the said several grievances by the said Elijah Hicks, as is herein after mentioned had deservedly obtained the good opinion and credit of all his neighbors, and other good and worthy citizens of this State, to whom he was in anywise known. Yet the said Elijah Hicks well knowing the premises, but greatly envying the happy state and condition of your petitioner, and contriving wickedly and maliciously intending to injure your petitioner in his said good name, fame, and credit, and to bring him into public scandal, infamy and disgrace, with and amongst all his neighbors, and other good and worthy citizens of this State, and to cause it to be suspected and believed by those neighbors and citizens, that your petitioner had been and was guilty of attempting 'the monstrous crime of a rape,' and to subject him to the pain and penalties by the laws of this State, made and provided against, and inflicted upon persons guilty thereof, and to vex, harass, oppress, and wholly ruin him, your petitioner heretofore to wit: on the twenty-second day of July, in the year one thousand eight hundred ' thirty-three, in the county and State aforesaid, falsely, wickedly, and maliciously did compose and publish and cause and procure to be published, of and concerning your petitioner, a certain scandalous, malicious and defamatory libel, containing amongst other things, the false ,scandalous, malicious, defamatory libelous matter, following of ' concerning your petitioner. 'About the first of this month, near this place, Mr. Duke, (meaning your petitioner,) the Sheriff of Coweta County, came to this place, and took lodgings at a tavern of William Tarvin, next day he proceeded on his journey to look for a lot of land that he had drawn, on his way he called at a house where there were two women, Mrs. Oosenaly, and Mrs. Foster, both married women, and called for a drink of water, he alighted, and finding them alone, attempted the monstrous crime of rape on the person of Mrs. Oosenaly, who being in a delicate condition.' And your petitioner further saith, that the said Elijah Hicks further contriving and intending as aforesaid, to wit: on the day and year aforesaid, in the county and State aforesaid, falsely, wickedly, and maliciously, did publish a certain other false, scandalous, malicious and defamatory libel, of and concerning your petitioner, containing amongst other things, the false, scandalous, malicious, defamatory and libelous matter, following, of and concerning your petitioner, that is to say, 'About the first of this month, near this place Mr. Dukes, Sheriff of Coweta county, (meaning your petitioner,) came to this place, and took lodgings at a tavern of William Tarvin, next day proceeded on his journey, to look for a lot of land he had drawn, on his way he called at a house where there were two women, Mrs. Oosenaley, and Mrs Foster, both married women and called for a drink of water. He alighted, ' found them alone, attempted the monstrous crime of rape on the person of Mrs. Oosenaley, she being in a delicate condition. Mrs. Foster laid hold of his heels and forced them apart; a second attempt was likewise defeated by the latter.' Meaning thereby that your petitioner had been guilty of the crime of an assault with the intent to commit a rape. And your petitioner saith that the said Elijah Hicks, who then was, and now is the Editor of a public Newspaper, published at New Echota, in the county and State aforesaid, entitled, 'Cherokee Phoenix and Indians' Advocate;' further contriving and intending as aforesaid, afterwards to wit: on the twenty-seventh day of July, in the year one thousand eight hundred and thirty-three, in the county and State aforesaid, falsely ' wickedly, maliciously, wrongfully and unjustly, did publish and caused and procured to be published, under the editorial head, in said public newspaper, a certain other false, scandalous, malicious, defamatory, of and concerning your petitioner, containing amongst other things, certain other false, scandalous, malicious, defamatory, and libelous matter, of and concerning your petitioner, as follows, that is to say, 'He (your petitioner) alighted, and finding them alone, attempted the monstrous crime of rape on the person of Mrs.Oosenaley.' Thereby meaning that your petitioner had been guilty of committing the crime of an assault on a Mrs. Oosenaley, with an intent aid commit a rape.

And your petitioner further saith, that the said Elijah Hicks, who then was, and now is the Editor of a public newspaper, published at a place called New Echota, in the county and State aforesaid, known and distinguished by the name and title 'Cherokee Phoenix and Indians' Advocate' further contriving and intending as aforesaid afterwards to wit: on the day and year aforesaid, falsely and wickedly, maliciously, wrongfully, and unjustly did compose and publish, and cause and procure to be published, under the editorial head in said public newspaper, a certain other false, scandalous, malicious, defamatory and libelous matter, of and concerning your petitioner, as follows, that is to say, 'He (meaning your petitioner) attempted the monstrous crime of rape on the persons on Mrs. Oosenaley, who being in a delicate condition. Mrs Foster laid hold of his heels and forced them apart; a second attempt was likewise defeated by the latter.' Thereby meaning that our petitioner had been guilty of the crime of making an assault on the person of Mrs. Oosenaley with the intent to commit a rape.

And your petitioner further saith, that the said Elijah Hicks, who then was, and now is the Editor of a public newspaper, printed and published at a place called New Echota, in the county and State aforesaid, which said newspaper is known and called by the name and title of the 'Cherokee Phoenix and Indians' Advocate.' Further contriving and in ending as aforesaid, afterwards, to wit: on the twenty-seventh day of July, one thousand eight hundred and thirty-three, in the county and State aforesaid, falsely, wickedly, maliciously, wrongfully, and unjustly, did compose and publish, and cause and procure to be published, under the editorial head, in said public newspaper,and under the following caption, to wit: 'Sufferings of Cherokee Ladies.' a certain other false, scandalous, malicious and defamatory libel, of and concerning your petitioner; containing certain other false, scandalous, malicious, defamatory ' libelous matters of and concerning your petitioner as follows 'about the first of this month, meaning the month of July, near this place Mr.Dukes (meaning your petitioner,) the Sheriff of Coweta County came to this place, (meaning New Echota, the place in which the newspaper was, and is published,) and took lodging at a tavern of Wm. J. Tarvin, next day he proceeded on his journey to look for a lot of land that he had drawn. On his way he called at a house where there were two women, Mrs. Oosenaley, and Mrs. Foster, both married women, and called for a drink of water. He alighted,and finding them alone, attempted the monstrous crime of rape on the person of Mrs. Oosenaley, who being in a delicate condition, Mrs. Foster laid hold of his heels and forced them apart; a second attempt was likewise defeated by the latter. Duke finding his attempt frustrated, took from his coat a pocket book and offered his injured hosts satisfaction. They attempted to destroy his pocket book, and contents, but failed. Duke held in his hand a heavy horse whip, which he used on them poor women with all his force, until Algiers itself would sicken at the stripes he inflicted. Mrs. Oosenaley presented herself to the magistrate here for redress, and exhibited to him her wounds. But he being a proselyte of the new school, told her he was not the person to relieve her, and that no Indian testimony could be received. The honorable Sheriff has been here since, but no justice for the much abused females.' Meaning thereby that your petitioner had been guilty of two different and distinct assaults on the person of the said Mrs. Oosenaley, with the intent to commit the crime of a rape; and also that your petitioner had been guilt of an assault and battery on the persons of the said Mrs. Oosenaley and Mrs.Foster.

And your petitioner further saith that the said Elijah Hicks who then was and now is the editor and publisher of a public newspaper or Journal printed, published at and issued from a place called New Echota in the county and state aforesaid, which said newspaper or Journal bear the name and title and is entitled the 'Cherokee Phoenix and Indians' Advocate' further contriving and intending as aforesaid, afterwards to wit; on the twenty-seventh day of July one thousand eight hundred and thirty-three, in a number of said newspaper or Journal dated Saturday the twenty-seventh of July one thousand and eight hundred and thirty-three number twenty-four and volume five,- falsely, wickedly, maliciously, wrongfully, and unjustly did write compose, and publish and cause and procure to be published under the Editorial head in said public newspaper or Journal and under the following pathetic and affecting caption to wit 'Sufferings of Cherokee Ladies,' a certain other false, scandalous, defamatory libel,of and concerning your petitioner containing other false and scandalous malicious defamatory and libellous matters of an concerning your petitioner as follows, that is to say, 'About the first of this month (meaning the month of July) one thousand eight hundred and thirty-three the month in which the said number of the said newspaper bears date, near this place (meaning New Echota in said county and state, the place in which said newspaper or Journal is edited and published by the said Elijah Hicks) Mr. Dukes (meaning your petitioner) the Sheriff of Coweta County came to this place (meaning New Echota) and took lodgings at a tavern of Wm. Tarvin, next day he proceeded on his journey to look for a lot of land that he had drawn, on his way he called at a house where there were two women Mrs. Oosenaley, and Mrs. Foster both married women, and called for a drink of water, he alighted and finding them alone, attempted the monstrous crime of rape on the person of Mrs. Oosenaley, who being in a delicate condition-Mrs. Foster laid hold of his heels and forced them apart-a second attempt was likewise defeated by the latter-Duke finding his attempt frustrated, took from his coat a pocket book, and offered his injured hosts satisfaction, they attempted to destroy his pocket book and contents but failed. Duke (meaning your petitioner) held in hand a heavy horse whip which he used on the poor women with all his force until Algiers itself would sicken at the stripes he inflicted. Mrs. Oosenaley presented herself to the magistrate here for redress and exhibited him her wounds-but being a proselyte of the New school told her that he was not the person to relieve her, and that no Indian Testimony could be received. The honorable Sheriff has been here since, but no justice for the much abused females.' The said Elijah Hicks Editor and author as aforesaid of the said publication if said public newspaper or Journal thereby meaning that your petitioner had been and was guilty of an assault on the person of the said Mrs. Oosenaley with the intent to commit the crime of a rape, and also meaning that your petitioner had been guilty of the crime of an assault and battery on the persons of the said Mrs. Oosenaley and Mrs. Foster.

By means of the committing of which said several grievances by the said Elijah Hicks as aforesaid, your petitioner hath been and is greatly injured in his said good name, fame, and credit, and brought into public scandal, infamy and disgrace with and amongst all his neighbors, and other good and worthy citizens of the State, in so much that divers of these neighbors and citizens to whom the innocence and integrity of your petitioner, in the premises were unknown have an occasion of the committing of the said grievances by the said Elijah Hicks as aforesaid from thence hitherto suspected and believed, and still do suspect and believe, your petitioner to have been, and to be a person guilty with intent to commit a rape and assault and Battery and have by reason of the committing of the said grievances by the said Elijah Hicks as aforesaid, from thence hitherto wholly refused, and still do refuse to have any transaction, acquaintance, or discourse with him your petitioner, as they before used and accustomed to have and otherwise would have had, all of which has injured and damaged your petitioner in the aforesaid sum of ten thousand dollars.

Wherefore your petitioner brings his suit and prays process may issue requiring the said Elijah Hicks personally or by attorney to be and appear at the next Superior Court to be held in and for the county of Murray, then and there to answer the demand of your petitioner in an action on the case for a libel.

WILLIAM B. COBB.

Plaintiff's Attorney.

GEORGIA-

To the Sheriff of Murray County

GREETING:

David Duke,

vs Case for Libel.

Elijah Hicks

The defendant is hereby required personally or by attorney to be and appear at the next Superior Court to be held in and for the county of Murray on the fourth Monday in March next, then and there to answer the plaintiff's demand in an action on the case for a libel-as in default thereof the said court will proceed as to justice shall appertain.

Witness the Hon. John W. Hooper, Judge of said Superior Court, this 6th day of February 1834.

NELSON DICKERSON,

Clerk.

GEORGIA- Before me John W. Hooper, Judge of the Superior Court of the Cherokee circuit in said State, personally appeared David Duke who being duly sworn, on oath saith, that he is about to commence his action on the case for a libel against Elijah Hicks of the county of Murray, and State aforesaid, and that he had laid his damage at ten thousand dollars, and this deponent further saith that he ha has laid his damage at ten thousand dollars, and this deponent further saith that he has sustained damage of the said Elijah Hicks by reason of the charge made against him by the said Elijah Hicks as set forth in the within declaration in the sum of ten thousand dollars or some other large sum, and that he has reason to apprehend the loss of the whole of some part of said sum unless the said Elijah Hicks is held to bail. This 27th day of January 1834.

DAVID DUKE.

Sworn to and subscribed before me,

JOHN W. HOOPER,

J.S.C.C.C.

The plaintiff David Duke, having made oath that he hath sustained damage of the defendant Elijah Hicks to the amount of ten thousand dollars or other large sums on account of the premises stated in the within declaration and that he has reason to apprehend the loss of the whole, or some part of said sum unless the said defendant is held to bail. It is therefore ordered that the Sheriff do take bail of the said Elijah Hicks in the sum of one thousand dollars, and that the usual proceedings be had thereon. This 27th day of January 1834.

JOHN W. HOOPER,

J.S.C.C.C.