Notes

on Wisconsin Point Trial Joe Aronson joe.aronson@gmail.com The trial commenced on June 21st, 1920 in the Circuit Court of Douglas County. Joseph Addison Bullen - Joseph Bullen came to the Duluth area in 1853 to found a permanent settlement. He made claim to Minnesota Point and the present site of Duluth, although this was Indian Territory at the time. He also made legal claim to the shores of Allouez Bay, up Left Hand River and up the shores of St. Louis Bay. He was sent by eastern businessmen who believed the area could be economically viable. The trial took place at the Douglas County Courthouse. Judge William R. Foley (W.R. Foley) was the presiding judge. Judge Foley was born in Maiden Rock, WI on October 10th, 1869. He attended the Unviersity of Wisconsin and graduated law school there in 1892. In 1893 he located to Superior, WI (Need to track down Bulletin of the State Bar Association of Wisconsin Volume 13 Page 86) He died on January 18th, 1940 at his home in Superior after a brief illness. The case was heard in the Wisconsin Circuit Court in Superior, WI. J.B. Arnold and H.W. Dietrich were the attorneys for the plaintiffs. J.B. Arnold was from Duluth, MN and H.W. Dietrich was from West Superior, WI. J.B. Arnold is John B. Arnold. John B. Arnold was born in Stanley, New Brunswick, Canada on May 22, 1866. He was married on September 8th, 1898 to Mette L Jones. He went to public school in Eau Claire, WI, high school in Merril, WI and completed undergraduate and legal degrees at the University of Minnesota. He was a court clerk in Superior, WI and was admitted to the Minnesota Bar in 1888 and the Wisconsin Bar in 1889. He practiced law in Superior from 1889-1903, and became the Assistant District Attorney in Superior in 1896 and ended that in 1897, after which he went into private practice in Duluth. H.S. Butler and T.L. McIntosh were the attorneys for the defense. T.L. McIntosh was the City Attorney for the City of Superior. There are many other cases in which he as City Attorney and Hanitch, Hartley & McPherson had aligned interests. The additional defense attorneys were from Hanitch, Hartley & McPherson. They were Louis Hantich, Clarence J. Hartley and L.R. McPherson. The firm served as attorneys for the Northern Pacific Ry. Co., Superior Shipbuilding Co., Globe Shipbuilding Co., Wisconsin State Bank and Berwind Coal Co.

Peter Lemieux is my 3rd Great Grand Uncle. He was born on Wisconsin Point in 1851. His father was Frank Lemieux. He was born in a house that by 1920 was no longer on the Point. In testimony Peter Lemieux stated that he knew where the house he grew up was because, [My parents] told me where it is and I saw the old logs used to lay there and it was all rotten that is all I see there, kind of rotten stuff there. [My father said] That is house you used to live. Peter Lemieux is asked about the house built by John Bardon. Apparently in the fall of 1919 Peter Lemieux went to the Point and made a book of measurements for the purpose of being able to testify to the location of the various Lemieux houses. He went out to the Point with his brother John Lemieux who is also my 3rd Great Grand Uncle. I do the measuring, pacing and my brother take the measurements. He was asked how they made the measurements and he replied Used the same way I used to locate some land in that country. H.W. Dietrich: How is that? Peter Lemieux: Pacing H.W. Dietrich: You stepped it off? Peter Lemieux: Yes, sir. H.W. Dietrich: But you didnt use a tape line or measuring stick? Peter Lemieux: No, sir. H.W. Dietrich: Calling each step how long? Peter Lemieux: Five hundred steps quarter of a mile. H.W. Dietrich: So many steps to a mile. How many feet do you step? Peter Lemieux: You count five hundred paces to the quarter mile. H.W. Dietrich: That is the only way you know it? Peter Lemieux: Yes, sir. They ask Peter about the second house. He describes it as being made of logs and cedar bark shingles. It had only one room and two windows. It had a loft too and he says We sleep upstairs, the kids. The third house was started in 1861 and completed in 1862. Frank Lemieux built the houses himself. There was a creek on the Point that closed up in 1879.

The testimony moves to the fourth house which is still standing on the Point. He doesnt know the year the fourth house was put up so he uses life events to make a timeline. He says he was married in 1872 at age 31. When he got married he took his wife back home to that one room house which his family was still living in. They lived there and his sister, my 3rd Great Grand Aunt Mary Lavierge got married, I dont remember what month, May or June, I couldnt say, after she got married went to Grad Portage that summer My sister and [her] husband; he worked for government; government blacksmith. I think he went away for a couple of years and he came back any stayed together in [the third] house. Frank Lemieux and Isabelle Osaugie lived in the fourth house (with their children including Maggie Martineau). Mary and Joe Lavierge lived in the third house and Peter Lemieux and his wife lived in the second house all of which were on the Point. Peter came to Superior in 1879. He came because he wanted my oldest girl to go to school and I lived in Superior. At this point he had lived in Superior for over 40 years. He says about the Point, of course I camp there once in awhile time my folks used to live there, used to go home twice or three times a week. Regarding the fourth house Peter said, Well, [my father] told me, he fired a couple of men to help him put it up. Peter states that he knew a full-blooded Indian by the name of Osaugie and that it was his grandfather. Then follows a line of questions about Chief Osaugie: Q: Did Osaugie hold any position with the Indians, any officer, or- A: Well, he was Chief of the Fond du Lac Band. Q: Chief of the Fond du Lac Band? A: Yes. Q: When did you first know Osaugie? A: Since I remember. Q: Since your earliest remembrance as a boy? A: Yes. Q: Where did he live when you were a boy? A: Well, different places. Q: Did he have a house like your father did? A: No.

Q: What did he live in? A: Wigwam. Q: Did he ever live on the point in his wigwam? A: Yes. Q: Did he ever have a house on the point? A: Not his own. Q: Did he ever live in a house on the Point? A: Yes, sir. Q: What house did he live in? A: That second house my father what he put up. Q: Second house that your father put up? A: Yes Q: How did he come to live in that house? A: Father moved in the third house so my father told him to live in the other, second house. Q: How long did he live in this second house, this Chief Osaugie? A: 76 Q: When did he die? A: 76 Q: Lived there till he died? A: Yes Q: When did he die? A: He didnt die on the Point; he died in Superior, Charlie Lords house. Q: Where? A: Second Street, West side of St. John. Q: At the time he died did he have a wife? A: Yes, sir.

Q: Was she alive when he died? A: Yes Q: Where was she living when he died? A: On the Point. Q: In this second house? A: Yes, sir. Q: When did she die? A: I couldnt tell you. Q: How long did she live after he died, about? A: Well, somewheres ten years. Q: Probably ten years? A: Yes Q: Now, your father had more children than you did he? A: Sure. Q: Your father had other children besides you? A: Yes. Q: How many children did he have? A: Had six at that time. Q: Name them; what were their names. Tell me who is the oldest child? A: Mrs. Maggie Martineau. Q: Her first name was what? A: Maggie Lemieux. Q: Which is the next oldest? A: Mrs. Lavierge. Q: What is her first name? A: Mary Lemieux. Q: Who was the 4th oldest?

A: Joe Lemieux. Q: Is he living? A: No. Q: He is dead? A: Yes. Q: Did he leave any children? A: No. Q: Any wife? A: No. Q: Who was the next oldest? A: Frank, Jr. Q: Is he living? A: No. Q: He is dead? A: Yes. Q: Did he leave any children? A: Yes, sir. Q: How many? A: One. Q: What is that ones name? A: Phillip. Q: Phillip Lemieux? A: Yes. Q: Did he leave a wife,- Frank? A: Yes. Q: Is she living now? A: No.

Q: Shes dead? A: Yes. Q: So his only survivor was this boy Phillip? A: Yes. Q: And he is living? A: Yes, sir. Q: Any other? A: John. Q: And he is living? A: Yes. Q: And thats all? A: Thats all. Peter then says that Bardon didnt live on the Point until after the fourth house was built. He goes on to say that the only other person living on the Point other than the family was an old lady. He says, I couldnt tell what her name was, only Chippewa name I know. He then goes on to confirm her name in English was Screech Owl. Screech Owl lived in a house that was built by her grandson. Peter describes it, She was too old to get the bark to make a wigwam, see, and my father, he told him to help him put up a little house, so we did, and all the boys helped them to put up. He says that for material we picked it up on the shore, and part of it the old man he give him. It was made of two inch board; two inch plank they got the materials by pick[ing] it up on the shore. He says that there was a house on the Point where the Durfees lived for about 22 years. Peter says the Durfees are related to his family through marriage. Additionally, the Young family lived on the Point. Mrs. Young was Mrs. Lavierges daughter so she was Peters neice. Peter once again testifies to the Bardon house. He says Bardon put up more than one house but that the first house was put up in 1884. As for other residents of the point Peter says, there were only campers, thats all. He says they came and went in the summer time and that a long time before that there were Indians in wigwams.

Peter says his father built fences which becomes a big point of contention in these cases. He says that the fences were put up over 30 years ago by the old man and Mr. Martineau, and part of it myself and part of it my brother I guess, and nephew. H.W. Dietrich: State weather or not you can tell us why your father built these two fences? Clarence Hartley: Objected to as incompetent, irrelevant, immaterial, witness not shown competent, self serving decralation. Judge Foley: Overruled. Clarence Hartley: Defendants except. H.W. Dietrich: Do you know why or dont you? Peter Lemieux: Yes. Same Objection H.W. Dietrich: You do know? Peter Lemieux: I do. H.W. Dietrich: Why? Peter Lemieux: He wanted to hold the land. H.W. Dietrich: He wanted to hold the land? Peter Lemieux: Yes, this side, the fence I mean towards the entry, and he didnt want the government to go over there so he put that fence there. Peter goes on to say that his father maintained the fences, even though they would get torn down by people coming to the Point to picnic. He also said people came to the Point to get drift wood, saying, Everybody go to get wood there, and they have to go to the old man to get permit to take the wood. In terms of sand, Anyone going to take the land they stop them not take the land. In terms of the trees, He stopped them not to chop trees; he used to tell us Dont spoil anything here; someday you will get benefit from this. He then talks of the cemetery that was there when he was a small boy. The first time I remember there was no fence and the time the Indian they buried themselves there and dont know enough to make a fence. It was only a little bit stick put in there and cedar bark put for cover on the top, or birch bark and thats all. After we know we put boards then; after get kind of box cover like that; and after that put the fence, wooden fence we couldnt patch it up anymore and rotten and so the people in Superior and Wisconsin Point we gathered up a little bit of money and buy barb wire and put good fence the time we put the fence this barb wire we put lock and I tell my sister not to let anybody go in there till they get permit to bury them there.

And I tell them dont let anybody to take a grave away out. Anyone who wanted to bury there had to go and ask permission from the old man. Peter states that this father had always claimed the Point and that no one claimed it against him. Questioning resumed on June 22, 9:30 AM. They ask Peter if his father was an Indian, he says Part of it. He says the other nationality was French. He then goes on to say that his father was Indian and French. (This however does not seem to agree with the historical record which would place Frank Lemieux at Indian and French or at least that would be closer.) The questioning about his father Frank Lemieux goes on. Peter says that in town they used to call his father The Swiss. They called him Frank LaSwiss, he got that name because, the Frenchmen call him Swiss; and that his fathers father was Swiss. (I dont know who the grandfather of Frank Lemieux Jr. was. Frank Lemieux Sr. was a voyaguer and trapper who was born in Quebec City in 1788. However given the proximity it would be possible that his father was French/Swiss. Do Swiss people look different?) The question turns to his fathers mother or Peters grandmother: Q: Did you know your fathers mother? A: Yes. Q: What was she? A: Half Indian; about half breed. Q: And what something else? A: Yes. Q: Half Indian, half nigger or what? A: No, half French. (This is different than the historical record. Peters grandmother was name Elisabeth Gautier (Gauthier). She was the daughter of Charles Gautier and Josette Bartemi. Josette was full blood. Charles is the son of Charles Claude de Vierville Gautier dit Langlade who is the nephew of Charles de Langlade who is known as the Father of Wisconsin. Additionally, the line is traced back to French Royalty. At any rate Peters great-grandfather was the son of Charles and a Winnebago Indian Slave of his uncle. Therefore his grandmother was and not .) Q: You knew her; you met her and saw her did you? A: Yes.

Q: Where did she live; where did you see her? A: I see her last between Bayfield and Red Cliff; thats where she died there. Q: Between Bayfield and Red Cliff? A: Yes Q: Some Indian village or- A: Yes, yes. Q: She must have been an old lady when you saw her? A: Yes. Q: What color eyes had your father, Frank Lemieux or Frank LaSwiss? A: What you say? Q: Your fathers eyes what color were they, - Frank LaSwiss or Frank Lemieux? A: More like a white man. Q: Do you know whether they were red, green or black? A: No, they aint black, but pretty near like white man. Q: White men sometimes have black eyes too you dont know what color they were? A: No, I couldnt mention what color. Q: Did he wear whiskers? A: Yes. Q: What kind of whiskers? A: Well, as far as I know they was black at first and then- Q: All over his face or just a moustache? A: Here. Q: All over his face? A: Yes. Q: Was he larger than you are? A: Yes, yes.

Q: Big man? A: Yes. Q: Do you know where your father was born? A: No sir. Q: Did you father ever live on a reservation? A: No, he never lived reservation but he belonged to a reservation. Q: He was enrolled someplace? A: Yes. Q: Where was that? A: Fond du Lac. Q: He was enrolled in the Fond du Lac band? A: Yes. Q: That is, listed among their number? A: Yes. Q: As long as you remember he has always lived on Wisconsin Point? A: Yes, sir. Cross examination was then done by Clarence Hartley. Clarence Hartley: Your father was an enrolled member of the Fond du Lac Band of the Chippewa Indians? Peter Lemieux: Yes, sir. Q: And where was he enrolled? A: Fond du Lac. Q: Fond du Lac Wisconsin? A: No, Minnesota. Q: Fond du Lac Minnesota? A: Yes. Q: Was there an Indian agency there?

A: No, part of the time, not before but only a few years ago. Q: Where was he enrolled in his lifetime? At LaPointe? A: In the first place, yes. Q: He was originally enrolled at LaPointe? A: No, you see this enrollment that you are talking about all Minnesota , part of it Minnesota and part of it Wisconsin is agency; on LaPointe agency what they call it, that is the way they used to go always. Q: Thats on Madeline Island? A: Yes, and after while they divided themselves amongst the chiefs make kind of a management themselves to divide it and some from the west to far to go to the agency to get the payment divided; who lives west side had to go to Fond du Lac and live on east side had to go to LaPointe; that is way my father got enrollment here at Fond du Lac. Q: As you understand that your father originally came from Madeline Island? A: I couldnt say. I suppose that is the way. His old folks used to live there. Of course I couldnt say. Q: Dont you understand that that is where he was born and brought up? A: No sir, I couldnt say where he was. Q: You never heard? A: No sir. Q: But you understand he was originally enrolled- A: Enrollment- Q: -at LaPointe as a member of the Chippewa tribe? A: Yes. Yes. Q: Did your father ever receive an allotment from the government? A: No sir. Q: You said your father was a member of the reservation but didnt live on the reservation. What do you mean by that? A: Well, you see the same way my father myself. I dont live in reservation but of course I belong to the Fond du Lac Band reservation. Q: What reservation did your father belong to?

A: Fond du Lac. Q: And where was the reservation that your father belonged to if he lived where he belonged? A: Reservation Fond du Lac, Minnesota. Q: Was there a reservation at Fond du Lac? A: Yes, sir. Q: And you are an enrolled member of the Lake Superior Band of Chippewa Indians? A: I suppose thats what call it. Q: What do you belong to? You say you are enrolled, what do you belong to? A: Belong to Fond du Lac reservation. Q: And the plantiff Maggie Martineau she is an enrolled as a member of the tribe? A: Yes, sir. They run through a list of the family and all are determined to be enrolled. He says they never got an allotment which contradicts documents showing that Maggie Lemieux did indeed receive an allotment. Peter goes on to say his father got an allotment and If I had the patent here I show you. I got it up at the house. He says it was from, the time Cleveland was President. This is born out from the copy of the patent. There is an interesting discussion of the land they own and money that is distributed. Peter says that he, John, Maggie and Phillip all get money now from the funds of the Chippewa. He says Yes, sir, we receive our money, thats all. There is a very interesting line of questioning: A: The government has, owes the money. Thats only interest we get every year. Q: The government owes you money? A: Yes, sir. Q: And that is from the sale of some land and timber belonging to the Chippewa? A: Timber. What is interesting is that these payments lead to another case regarding the value of the timber where another injustice was served. It is interesting that when it fit the government purpose the Lemieux family was either too Indian or too white.

Clarence Hartley wants Peter to say he was born in a wigwam to which he replies, No, sir, of course I couldnt say I was born in a wigwam, only my father and mother told me I was born in the first house. There is then an interesting discussion of the leadership of the tribe: Q: You are now chief? A: Me? Q: Yes? A: Yes, sir. Q: And how did you get to be chief? A: Took my grandfathers place. Q: And who was your grandfather that you refer to? A: My grandfather? Q: Yes? A: Osagie Q: Chief Osagie? A: Yes. Q: And how did you take your grandfathers place? A: My grandfather when he died, he got one son. Q: Who was that? A: John Osagie, and after John Osagie died my mother took it, and my mother before she died she give to me to take it in my grandfathers place. The following is the lineage of the Chiefs for the Tribe: Chief Kashe-oshe (B. 1780 D. ?) to Chief Joseph Osagie (B. 1802 D. 1876) to Chief John Osagie (B. 1854 D. 1895) to Chief Isabelle Osagie Lemieux (B. 1829 D. 1906) to Peter Lemieux (B. 1851 D. 1938) based on these dates the following would apply: Prior to 1854 Chief Kashe-oshe 1854 to 1876 Chief Joseph Osagie 1876-1895 Chief John Osagie 1895-1906 Chief Isabelle Osagie Lemieux

1906-1938 Chief Peter Lemieux Q: Your mother before she died told you to be Chief? A: Yes, and I got appointment from the agent Campbell, and second appointment I got Agent Cross. Q: He appointed you chief? A: Yes, and third time I got appointment this agent here in Superior. Q: Are the chiefs appointed now by the agent? A: The agent. Q: He appoints the chiefs? A: Yes. Peter says that in his earliest recollection there were two Chiefs who lived on Wisconsin Point. Chief Joseph Osagie and his son Chief John Osagie. Hartley asks about another Chief called Kakabshene or something similar to that. Peter says I guess before my time, I guess and after that he used to go to Wisconsin Point and stay there maybe two or three months. Stay with my grandfather. Then he moved again where his village was, this chief. We then learn that this Chief Kakabshene, his wife is Screeching Owl. Only Screeching Owl live on the Point not Chief Kakbshene. Chief Kakbshene lived on the Minnesota side. Peter says, Just I tell you awhile ago he only live here on Minnesota side, and he moved there two or three months and stayed with my grandfather, and then moved back to his place didnt live together, only in summertime stayed together. He camped just the same as picknicker camp out there a month or two and go back to his place. There is reference to a Captain Smith who is the grandson of Screeching Owl and his half brother John Loonsfoot. Peter says that in the summer on the Point, Chief Osagie his party they live on Wisconsin Point only in summer time; different parties come and visit there, month or two or three months. Peter says people would come and visit there or exactly Just visit, thats all. He also says they would pick berries, hunt on the bay, fish and fix boats. Peter says that, There was nobody living between the Point and Bayfield. I mean this Point here, Wisconsin Point to Bayfield, nobody Indians lived there only Wisconsin Point and Minnesota Point. Q: Indians coming up from Bayfield and white men coming up from Bayfield to the Head of the Lakes generally made Wisconsin Point their headquarters to stop at?

A: No, no sir. Q: They would come there and stop and pitch their tents and wigwams and prepare their boats, is that right? A: Of course maybe before my time. Q: Well, after your time? A: No, sir. Q: Where did they stop? A: Nobody didnt come there only white man land once in awhile. Peter says people passed through the Point but didnt make a headquarters there. He says, They pass through you see. They portage there. Did you see yesterday the portage where they come through? Sometimes there they only come to the entry there and take the portage there and come on the bay. He then says that the portages were only used during storms. When they left here when they meet northeaster; they go to the bay; after the storm was over make the portage; thats what portage for. It appears that the court went to the Point. Additionally it seems that the defense is trying to establish the Point was commonly used and no one laid claim to it. There is then a lot of technical talk regarding the placement of the portages and then a reference to John Bradshaw and his brother Pete who fished the Bradshaw Fishing grounds on the lakeside of the Point. He said they built a boarding house for the fishermen and that they had a fish house too. Additionally, he says that the fish house burned down in 1873. From testimony it appears they used large nets to fish. The fishing company employed eight or nine men including Peter Lemieux. Two other men are mentioned as having fishied on the Point named William Smith and John LaChapelle. There is an additional fisherman Bob McLean who worked for Dean & Ely. The are other names mentioned as well, Gobin and Louis Beland. Peter says the Point is used for picnics. He says there have not been berries for a few years but that there used to be good blueberries. He also says that they stopped the hunting on the Point but that they couldnt stop people from hunting ducks. There is a very interesting discussion of paying taxes: Q: Now, have you ever paid any taxes on any of the land on Wisconsin Point? A: The government dont allow us to pay taxes. Indians dont pay taxes. Q: The government doesnt allow you?

A: Indians dont pay taxes, no sir. Q: And thats why you havent paid any? A: Certainly. Q: You paid taxes on your property over here in town? A: Well, I got beat out of that. Q: What? A: I got beat out of it. I got right, I wont pay taxes any more. Q: Wont pay any more taxes over town? A: No. Q: Why not? A: Because the government doesnt allow me to pay taxes. The Court: He means the on the house where you live? A: The government dont allow me to pay taxes. Q: You always have paid them? A: I got fooled that way. Q: Up to what time did you pay taxes over here in town? A: I didnt pay it pretty near two years now. Q: Up to what time did you pay them? A: That is the time I got fooled. When I find out I got no business to pay taxes I dont pay it any more. Q: That is why you never paid taxes on Wisconsin Point, because you thought the government didnt allow Indians to pay taxes, is that right? A: The Indians he never pays taxes. Q: What? A: The Indian never pay tax. Q: That is why you never have paid any on Wisconsin Point? A: Of course. Indian dont pay no taxes.

The testimony gets very complicated. Peter says, one fellow came from Washington and went to see my father. Hartley asks if Peter filed a claim to contest the Bullen entry and claim to the Point. Peter says that they claimed the entire island. Regarding Bullens claim, When I find out Bullen he got no title to it and I look and my father got more title to it Peter says he made the claim on behalf of his father. There is then discussion regarding the patent and the governments decision in 1891 to turn down the Lemieux claim and enter the Bullen claim. Peter said that he never got any document from Washington that his claim had been disallowed. He says that about two months ago he received a document from Washington that he had title to the Point. This is where it gets tricky again as Peter is trying to explain and gets cut off by the defense attorney. Apparently in 1891 Peter went to a Judge Roberts on behalf of his father to fill out paperwork to contest the Bullen entry and lay claim to the point. He did this after talking to his father. Peter then says that he had papers from the Secretary of the Interior filled out. When asked how he got the papers from the Secretary of the Interior. Peter says that he got the blank forms from his brother John who was at the Carlisle Indian Industrial School in Pennsylvania. Which was a boarding school to reeducate Indians. Peter says that while John was in school he wrote to the Secretary of the Interior to get the blank forms. After he got them he sent them to Peter in Superior. Peter says, After he got them papers he sent to me in Superior to be filled out and the letters besides what he wrote to this blank. I send you two blanks maybe one be spoiled, maybe one might be good; dont get anybody to beat you out of this to fill out. It is only to fill out the Clerk of the Court or County Judge. So I went to Judge Roberts. Judge Roberts told me E.L. Johnson he got this Point. Thats what he said he says I dont know. I says I want you to fill out this blank, and Judge Roberts says No, I will go to the Register of Deeds office and I come back in a few minutes. So he went and he come back and says he couldnt fill out this blank, and I give him this letter; after he read the letter he says I will fill it out and he filled it out. I sent it to Washington. Apparently, Lemieux, Bardon and a man named Gage all got turned down. Peter said he found out they were turned down, By you people; white man. Peter then says he heard Bardon was appealing in Washington, however he didnt find out that he had lost the Point until a month ago in 1920. Peter states, The claim was after this Bardon lost out and I think, I couldnt say exactly what year, at this time I think old man Charlie Lord was Clerk of Court and it happened my father was in the house, he come over to visit me and Charlie Lord he come in and he says Man want to see you at the courthouse. Thats in winter, so the old man got up and he told me he says Come along with me so we went to the courthouse and Charlie Lord heres the fellow want to see him. Shook hands. Is he living on the Point? Charlie Lord says Yes. This man says Whos got more title to

this Point, Bardon and this old man? Charlie Lord says, The old man since I come here was living on the Point and he is living there yet, and he got good title to the Point, and he says, All right. He says, He like to have another witness so I come down and I got R.B. McLean and McLean he went there and this fellow asked him: You know this old fellow, old man? He says, Yes. He says, When you come to this country? He says 1855. When you know this old man living on the Point? 1855, the time I come here hes living on the Point and he is living there yet. And he pointed at me. McLean he says He was a little boy just walk around at the time he come and this old man he been raise his children right the Point there and he got title to the Point, not for Bardon. All right. When he got through he says, I would like to have another one. So I went downtown there I meet old man George R. Stuntz the surveyor. Sometime after this exchange the government gave the land to Bullen. No one ever informed the Lemieux family. Q: When did you learn you got beat? A: Got beat? Q: Yes? A: I didnt get beat yet, boy. Q: You got beat before the Secretary of the Interior? A: No sir. Q: Oh you didnt eh? A: Not for me. So the Secretary of the Interior decided to give the patent to Bullen which is not surprising given his east coast connections. After Bardon lost as well he advised that they should make sure to put a fence up. There is a lot of discussion once again about fences. Peter says, Well, the other land towards mainland used to be cattle around there, so they wont come on this way, and this end towards end of the Point the government they been try to get this, the Point, and so we put the fence the government not put its hands over this fence The government, so it wont put its hands over this fence. So one of the fences was put up to keep the government off their property. There is much more testimony on fences and locations and interesting bit about a deposition: A: Testimony at that time there was no legal right. The court: What do you mean by that?

A: Didnt have it like this to swear it to the fact of course; at the time on short notice and I couldnt remember everything at the time. The Court: You were sworn there? A: No. Peter then goes on to talk about the deep creek which had since gone dry and that the didnt think they needed a fence because it was an island. They then switch back to talking about his deposition: Mr. Arnold: Did you tell the truth or not? A: It would be pretty hard for me to say because I know something else against this testimony there, and theres another part there; that is what happen lost out all the time like that you see. Mr. Hartley: What that? A: That is the way I have been lost out lots of times that way. Q: What do you mean by that? A: I cant write and I cant talk the English and the time beginning to deal with the Indians he dont know nothing when he make anything the statement and when you make your own statement you put the words you get along yourself and not for me; thats where we lost out all the time. The Court: What he wants to know is when you were testifying over there, when you were giving testimony you were trying to tell the truth? A: Yes. Yes. The Court: And you did tell it so far as you knew it? A: Yes, yes, sir. The testimony then follows that they had continued to put posts up and people kept taking them down. Peter then denies most of his answers from his deposition. Peter then talks about how Chief Osagie lived saying, Now, I will tell you, pretty had to remember the first house, but second house I remember lived on there and summer time make the wigwam to live on in the summertime and commenced in the winter and went to live into the house; and my grandfather Osagie he live in the wigwam, and the time to go the time first commenced could then go in the woods trapping and hunting and he got back about New Years, and he stayed again then in the wigwam to February time go back again different route trapping and hunting and go to Nebagamon and camp there awhile and pretty near time to making sugar and then come to sugar bush and when come sugar bush so we meet him there to make sugar.

Peter mentions that his father worked for the American Fur Company. Peter is then again questioned about Osagie and lineage. There is a great exchange in which Peter says, Well, I will tell you, my friend, the time all the Chiefs dont mention at all Wisconsin or Minnesota, dont mention at all; just one tribe Fond du Lac Band; you can go to Michigan as long as you belong here; that is the way the Indian name. Osagie was the Chief since 1854. He repeats that his father told him and his siblings, Dont cut anything thats growing here; some days you will get the benefit of this Point. He says his sister (Maggie) couldnt talk English. Now there is a redirect. Peter is asked what a reservation is and he replies, Reservation is mean not white man go there; dont like white man to go into reservation. Peter says he went to three months of government school and that he doesnt understand English very well. He says that some of the questions, mix me up. He then further talks of his schooling, The time I went to school teacher asked me what I was going to learn and I told her the figures and she give me and I couldnt tell you what one or two of them to a time; and finally after while my sister not my sister, my aunt, Mrs. Lord, give me Chippewa book, and of course I couldnt read nothing and this Captain Smith, his half brother the one I am talking about put up that little shack there. I went to one half breed to learn to read Chippewa book, and this young fellow he read and I ask him what they call A or this A,B,C and he told me about it and he mentioned a few words Chippewa this book, and so this book it dont read the same as you people. Mary Lavierge then testified with Charles Jackson serving as interpreter. She says she was born in Duluth in 1856. They start asking her questions using East and West and she doesnt understand. Jackson point out that if yesterday when they were on the Point they had asked her she could have pointed it out. Mary talks about getting married at 16 and moving to Grand Portage and coming back after two years. She states that she and her husband, they moved into the second house because my father and husband couldnt get along. She says of the house that, After old lady Kakabashane moved out she give the hose to my father for the lumber that she received from him, and my father gave it to me. Mary says that her father lived on the Point up until five days before his death and that he died in the hospital in Superior. There is more discussion of fences and the locations of the houses. At one point the interpreter says, She says I want to ask the lawyers something, and I says No, they are supposed to ask you. The Judge says, Find out what it is she wants to ask. She doesnt understand when a person speaks too loud. Shes kind of nervous.

There is more talk of fences and she doesnt mention that she helped to stop people from taking cord wood and sand. When asked who the people taking these were she says, I didnt know the white people. She talks of people stealing the sand and wood from the Point from her father. She goes on to say, Its since the new generation. I would say that who had lived there before we visit them just the same as we visit our own nationality the older people were good people but those that come the younger generation is the one they have trouble with because they steal it. Mary says it is only the Lemieux family that lives on the Point. Mary says that one year when she had left the Point that her house was destroyed. It was destroyed by the cruisers at the time that they dug up the graves. I know his name is Jim, but his last name I do not know, but I could recognize him if I saw him. She is then cross examined and is certainly an adverse witness. Q: What part of the Point did your father Frank Lemieux occupy, whereabouts? A: We was up to it yesterday, didnt you see it? The Court: Tell her to answer the question. While he did see it that doesnt get it into the record. A: Well, he claimed the whole Point. Then a short time later: Q: What was the argument about, Mr. Interpreter, between you and this witness? Interpreter: She began to say about some other house, and I told her, no, wanted to know this house whether that house was there at the time her father told her to move. She then describes her family and that she was entrusted with the keys to the house. She also talks about trying to get the white people off the point who were living there in tents. She also talks of trying to collect rent from people living on the Point. She says that her and her husband had two cows, some horses, chickens and pigs. They used the horses for hauling wood and odd jobs.

Mr. Hanitch the goes on to say, Now, may it please the court, this witness says a great deal and we get very little from the interpreter, and I dont mean to say that the interpreter is trying to act unfairly, but it seems that he thinks he is to determine what is the proper answer and what answer should be made and doesnt give what the witness really says

Mr. Jackson says, When shes asked a question I try and correct her and want the answer, and instead of that she runs off into some story like. Mary says that her husband served as the gravedigger and they wanted payment from whites that wanted to bury there. It cost three to six dollars. She says that most of the people buried there were her relative including Chief Osagie. Asked about claims to her house on the Point Mary says, Nobody has ever disputed against me, only white people. They helped Sky build the house and she says, After Sky died the house was given back to my husband and he tore it down and took the boards so that no white people would live in it. Mary then gave testimony in relation to ownership of the Point: Q: Mrs. Lavierge, a year ago last fall you sold this company all of your interest in any part of Wisconsin Point did you not? A: I didnt understand him in that way, but if I move away from there they were willing to pay me for it, for moving away. Q: You signed a deed conveying all of your interest in the Point? A: I cant read or write and I dont know what they done. Q: You signed the deed yourself did you? A: The only paper that I have reference to of signing is the removal of graves. Q: You received fifteen thousand dollars at the time you signed the papers and they were delivered? A: Yes, they gave me that for the removal of the graves, and for us to move off but I did not sell the property; that is the land. Q: At that time you claimed that you and your husband were the only ones who had occupied the Point for many years? A: After my father and mother died I took charge of the property, the property was left to me and therefore I could not sell for I was not the only one that had interest. Q: At the time you got this fifteen thousand dollars you claimed that the plantiffs in this case, John and Pete and Maggie Martineau and Phillip had no interest whatever in any property upon the Point, isnt that true? A: No, I did not say it. Q: You claimed at that time that the house which is now standing was your property, the house that your mother and father lived in?

A: I didnt say that. I said the house was given to my son. Q: And you claimed that your mother and father had never occupied any part of the Point except right where your house stood? A: They didnt understand me. I told them that my father lived here and there on the Point. Q: Your father occupied different places on the Point? A: Its them four houses that we spoke of and in warm weather he lived in wigwam outside. Q: Near the house? A: Yes, not a great ways. Q: And those four places, the places where those four houses was, that is the part of the Point which your father occupied? A: Yes, sir, and this house thats now standing is where he left from when from when he went to the hospital. Q: I show you Defendants Exhibit 1, and ask you if this is the deed or paper which you gave when you got the $15,000. A: I didnt know of any paper and I didnt see any at that time. Q: You and your husband and the Youngs and Durfees got fifteen thousand dollars? A: The money was given to me and then I gave them each five thousand dollars. Q: No part of the fifteen thousand dollars was used to pay any of the expenses of moving the bodies from the cemetery? A: No, none of this was used; I dont know what the other party done. Q: Did you ever see Defendants Exhibit 1 before? A: I dont have no recollection of ever seeing it. Q: And you say that no paper was delivered to the company at the time you got this fifteen thousand dollars? A: I gave no papers and they gave me none. Joe Lavierge, Marys husband was next to testify. He says he live on the Point and then he is asked to locate places on a map of the Point. He states that he and Frank Lemieux put up fences around the Point. He says the fence was to keep the cow in

and that they would bring milk down to Bardons. There is an amusing exchange when Joe in reference to a date says, I dont know. Of course you know damn well a fellow is so old he dont think of anything because he dont know it. The questioning moves to ownership of the Point and he says, I remember that John Bardon told me that in the same winter he moved away; he said, The government sent me away in home he said Government owns that land he said. Thats what he said. I didnt know anything about it any more. They once again talk about fences on the Point and Joe says he couldnt repair them all the time, you cant patch it all the time that fence; you be tired. He talks about people pulling down the fences but that he didnt see because he wasnt there all of the time, Of course I was away sometimes working. I didnt stay in there all the time on the Point. I have to work to support my children something to eat. There are objections made by the defense about leading questions. Dietrich asks to use an interpreter and the judge that he says he talks to well to use one and he might be deaf. Joe says in response, Thats all that bothers me; I cant hear. Later on Joe stops answering questions and states, Yes, that is the reason I dont like to say in here. If I was good my ears I might say something. I told him here the other day. I told him I cant hear. Joe then talks about he and Mary moving back in with Frank after they lived in Grand Portage. It appears to that the houses were built with lumber that floated up on the Point from Lake Superior. Joe also says he doesnt claim the land of the Point but does claim his house. On cross examination he is asked about others making claim to the Point and he says, Oh, well, Superior boys in here, come in over there, and he tell me Johnnie want to claim the Point he said. I told him, All right, it aint my business what I said. I dont give a damn what he does. Joe then again talks about people coming out and taking down their fences. Joe reitereates that he has no claim to the Point, No, sir, I never claimed anything at all. Even my stick of wood I didnt claim it it would be mine. I shove it in the stove it would be mine. Joe then states, I said to you once it was John Lemieux told me about it. He said our father, I owns it, I claim it. I want to hold the Point he says. I told him all right. Thats all. I didnt say that I claim it in there too. Joe says the reason that they moved from the second house is Frank Lemieux took the boards off of the roof. Need originals of 182-190 Q: You remember when your sold your place over there to the company?

A: I didnt sold it anything to the company at all. Q: Didnt you sell anything? A: No sir, I didnt sell anything at all to the company. Of course it was none of my business to sell anything when I dont own it. If I owns it I would sell it. I didnt sell it to them anything at all. Q: Who did? A: Nobody. Q: Didnt anybody sell anything? A: Nobody didnt sell anything to the company. Q: Well, you moved the bodies out of the cemetery? A: Yes, I work for the company; the company hired me to work in there. Q: And you went to work? A: I went to work. Q: Who else worked? A: Nicols. Q: Nicols the undertaker? A: Yes Q: And who else? A: Another fellow, I dont know his name. Q: Young work? A: No. Q: Durfee work? A: Nobody but me. Q: You did all the work did you? A: I worked in the night too. I watch in night. Q: And you moved out of your house? A: I didnt move it; somebody tore it down. Q: Company tore it down?

A: Company tore it down and the companys men went there and busted the doors. Q: Tore them down? A: Tore them down. Q: Did you ever make any claim against the company for that? A: No, I never said anything at all to the company. Q: You got your folks and the Youngs and the Durfees and you all moved over to town didnt you? A: Well, yes. Q: And you gave up your place on the Point, didnt you? A: Well, he told me to move away; thats all I know it and my wife asked the company if he wasnt going to buy that old house and he said No thats all. Q: And just for moving away they gave you fifteen thousand dollars? A: Well, I suppose that much; I didnt hear how much. Q: Didnt you go right up to the bank? A: Well, I go down to the bank, thats all I see. Lawyer holding money in there. Lawyer didnt tell me how much he give us. Q: But you signed a deed? A: Didnt sign anything at all. Nobody can prove that I signed anything. Q: You made your mark on a deed? A: No, not me. Q: Not you, eh? A: No. Q: Before John Gadigan and Mr. Crawford at the bank? A: I suppose he was holding the money over there. I didnt go over there; just stand by the door and take a smoke. Q: Thats all you got? A: Thats all I got to do with it. Q: I will show you this exhibit 1 and ask if that is the paper that was delievered to me at the time you got the money?

A: If you give me a thousand the kind of papers I dont know anything about it. Q: And at that time you didnt say that you didnt claim any interest in the Point did you? A: No. Q: You never told the company when you got the fifteen thousand dollars that you didnt claim any interest there did you? A: No, I didnt say anything to the company at all; I never said anything to the company. I never did say anything to the company. Q: You went to the office of the company in Duluth and you came to our office every few days? A: I never go. I went in your office only once that time I went with the Youngs. Q: And you went to Mr. Gadigans office? A: I went in there two or three times. Q: And you were claiming an interest in the Point at that time werent you? A: No sir. Q: You never claimed any interest in the Point? A: No, I never claimed anything at all.