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Cherokee Phoenix and Indians' Advocate
Wednesday, December 10, 1829
Vol. II, no. 35
Page 2, col. 2a

       TALONEY, Dec. 5th, 1826(this is the date in the paper- probably should be 1829)

Mr. Elias Boudinott,
 Sir--I wish you to insert in the Phoenix a few lines concerning a white man that was whipped at Elejay for horse stealing.  Myself being foreman of the Jury, sentenced him to receive fifty stripes on the bare back, which was fifty less than what is common in our country for such offence.  The thief, since he was whipped, has made oath that he was arrested and whipped with large hickory switches.  We acted agreeably to the laws of our country in punishing the man.  Since his making oath in the state of Georgia, the officers of that state sent armed men to take all the Indians that were concerned in whipping him.  I understood that they were on their way, and went to the Long Swamp to meet them.  They met me there.  I there gave them my bond and security for my appearance at court at Gainsville in Hall County.  I enclose the thief's affidavit to you, and wish you to take a copy of it and insert it also, and send me back the original by the bearer.  There was also another company with this horse thief, and his father among them, that came by the way of Amakiloley.  When they came near the village they lay out until dark, and then went into the fields and stole potatoes and pumpkins.  They also stole six or seven horses, and then returned home.  Since that fifteen in number, with the said thief, well armed, came by the way of Stamp Creek Village, and there made pretence they were buying hogs.  They bought none however, but made free to kill and barbecue one without leave.  They also made free to go into houses, and take such things as they stood in need of to eat, and said that they had orders from the Governor, and that he would pay for the things that they took.  Your friend.



 Came personally before me, A. H. Clayton, Judge of the Supreme Courts of the western Circuit of said State, Jesse Stancell, who, being duly sworn, deposeth and saith, that, on the nineteenth day of September, in the present year, eighteen hundred and twenty nine, at a certain place called Ellijay, in that part of the unlocated territory of the Cherokee Nation attached to and belonging to the County of Hall by act of the legislature for criminal jurisdiction, he, deponent, was arrested by certain Indians of said nation, by the names of John Sanders, George Sanders, Harry Downing, Riddle Crier, Old Hog, Overseer, John Love, Martin Smith, Pretty Woman, Young Duck, John Potatoe, Patridge and Dick Carey, and by the said Indians was detained in close custody for the space of thirty hours, and, after such detention and imprisonment, which was done forcibly and contrary to the will and consent of deponent, and without any legal authority, stripped, tied up to a tree, and inflicted on the bare back of deponent with large hickory switches fifty lashes, to the great effusion of his blood, the laceration of his back and sides, leaving deep wounds, gashes and bruises on the same; all which was contrary to the laws of said State, and without any provocation or justifiable cause.