Case 178:  Na-pay-shne
Camp Release opposite
the mouth of Chippewa River, Minn.
September 28, 1862 --
 
The Military Commission met pursuant to the above order
     
 Present
Col Brooks 6th Regt. to M.V. Members
Major Bradley 6th Regt. to M.V.
Capt. Grant 6th Regt. to M.V.
Capt. Bailey 6th Regt. to M.V.
Lt. Olin 3d Regt. to M.V. Judge Advocate
Adjutant Heard  
 		 McPhail's Mounted  
Rangers 
 Recorder
 
 
        The Military Commission was then duly sworn and Na-pay-shne a Sioux Indian was arraigned on the following charges and specifications.
viz --
        Charge and specification against Na-pay-shne, a Sioux Indian---
 
  Charge -Participation in the murders, outrages and robberies committed by the Sioux Tribe of Indians on the Minnesota Frontier.
        Specification - In this that the said Na-pay-shne, Sioux Indian did join with and participate in the murders, outrages and robberies committed on the Minnesota Frontier by the Sioux Tribe of Indians between the 18th day of August 1862 and the 28th day of September 1862 and particularly in the Battles at Fort, Birch-Coulie, New Ulm and Wood Lake-- Was wounded at New Ulm-- Said he killed nineteen persons.
 
By order of Col. H. H. Sibley, Brigadier General Commanding
Witnesses -
    Wakinya
    David Faribault 
    Thomas Robertson  
  
 		   Signed -  
 		   
S.H. Fowler.  
Lt. Coe - State Militia  
A.A. _______________
 
        Prisoner states-- I was not at the Fort-- I was not at New Ulm-- I had a sore knee and couldn't go.

        Thomas Robertson being sworn states-- I heard the prisoner say the morning after the first massacre that ___ (his gun) was old gun, but that he had killed 19 with it-- This was in front of John Moore's house.  His wife and children ____ (seen?) at the Beaver Creek Massacre.

        Wakinya being sworn says-- I never knew anything about the prisoner.

        Prisoner states I never fired my gun off.

        And therefore the case being closed the Commission was cleared and proceeded with findings and sentence.
 
        The Military Commission after due deliberation on the foregoing  find the prisoner, the said Na-pay-shne, a Sioux Indian as follows --

        Guilty of the specification
        Guilty of the charge
        and sentence him to be hanged by the neck until he is dead.
         We certify that the foregoing are the minutes of the proceedings and testimony on the annexed charge, under order No. 55 of Col. H. H. Sibley.

I. V. D. Heard}
Recorder        }

[Signed by the five members of the Commission]

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