The complex narrative surrounding Old Crow, an enigmatic figure in the annals of the American West, begins with his alleged association with the desperate flight of the Dull Knife band of Northern Cheyenne. This harrowing journey, undertaken in late 1878, represented a desperate bid for survival and a return to ancestral lands, ultimately leading to significant conflict and a dramatic legal battle for Old Crow himself.
The events unfolded as the Northern Cheyenne, under the leadership of Chiefs Dull Knife and Little Wolf, made the fateful decision to break away from their assigned reservation in the Indian Territory, a place where they faced starvation, disease, and the constant threat of cultural annihilation. Their arduous and perilous journey back northward, across the vast expanses of Kansas, became known as the “Cheyenne Outbreak of 1878.” This desperate migration was marked by numerous clashes with settlers and soldiers, as the Cheyenne fought fiercely for their freedom. During this period, the band was accused of committing acts of violence, including the deaths of 32 citizens and the destruction of considerable property, sparking widespread fear and outrage across the frontier. The raid was a desperate measure by people pushed to their limits, highlighting the tragic consequences of broken treaties and forced relocation.
The Fort Robinson Tragedy and Old Crow’s Capture
The U.S. Army launched an intense and relentless pursuit of the fleeing Cheyenne. Eventually, many members of the Dull Knife band were cornered and captured, subsequently confined at Fort Robinson, Nebraska. The winter conditions at the fort were unforgiving, exacerbating the already dire circumstances of the imprisoned Cheyenne. They endured extreme cold, hunger, and a profound sense of hopelessness, their pleas to return to their northern homelands or be moved to a more suitable reservation falling on deaf ears. This period of confinement only intensified their resolve to escape.
In a remarkable act of defiance and ingenuity, the Cheyenne women at Fort Robinson managed to smuggle firearms to their men. On January 9, 1879, fueled by a burning desire for liberty, the confined warriors launched a daring breakout. This sudden dash for freedom, though initially successful in creating chaos, was swiftly met with a brutal counter-response from the U.S. Army. The soldiers immediately mounted a pursuit into the harsh Nebraskan winter. By the following day, a significant number—65 Cheyenne, including 23 wounded—had been recaptured. The relentless chase continued for the remaining escapees.
The pursuit culminated in the tragic event known as the Fort Robinson Massacre on January 22, 1879. The last remaining 32 Cheyenne, poorly armed and vastly outnumbered by approximately 150 well-equipped soldiers, were finally cornered. In the brutal confrontation that ensued, nearly all of the remaining warriors, along with women and children, lost their lives. It was amidst this devastating conclusion that Old Crow was among those captured, his fate now intertwined with the grim aftermath of one of the most poignant episodes of the Indian Wars.
Old Crow’s Unprecedented Legal Battle
Following his capture, Old Crow and six other Cheyenne warriors were transported, first to Fort Leavenworth and then to Dodge City, Kansas, to face trial. This was an extraordinary development, as Native Americans accused of crimes during frontier conflicts were often dealt with summarily by military courts or vigilante justice, rather than through civilian judicial processes. The charges against them were serious: murder, directly linked to the depredations committed during the Cheyenne raid across Kansas.
The trial was initially set for June 24, 1879, in the District Court of Ford County. However, the defense attorneys, perhaps anticipating a biased jury in a county directly affected by the raid, successfully petitioned for a change of venue. The case was subsequently transferred to the District Court of Douglas County, Kansas, for its succeeding October term. This change of location proved to be a critical strategic move, offering a potentially fairer legal environment away from the immediate emotional aftermath of the raid.
The Puzzling Question of Old Crow’s Identity
A pivotal element in Old Crow’s defense, and indeed his historical legacy, revolved around his true tribal affiliation. During the trial proceedings, a surprising revelation emerged. Army officers who had known him personally testified on his behalf, asserting that Old Crow had previously served as a valuable and trustworthy scout for the U.S. government. They presented a compelling argument that he was, in fact, a member of the Crow tribe, not the Cheyenne. This distinction was paramount, as it would logically preclude his involvement in the Cheyenne raid that led to the murder charges. If he was a Crow, and a trusted government scout at that, his participation in the Cheyenne’s violent breakout would be highly improbable.
Further complicating his identity, Old Crow himself claimed to be of Sioux lineage. This multi-layered tribal connection—alleged Cheyenne association, Crow tribal membership by military testimony, and his own Sioux claim—highlights the complex and sometimes fluid nature of tribal identities and allegiances on the frontier. Regardless of his precise tribal origins, those who knew him attested to his intelligence and good reputation. This expert testimony and the ambiguity surrounding his identity likely played a significant role in swaying the jury, painting a picture of a man perhaps wrongly accused due to circumstances rather than direct involvement.
Conclusion: An Unexpected Liberation
The trial in Douglas County concluded at its October term with a truly remarkable outcome: all the accused Indians, including Old Crow, were liberated. This decision stands as a rare instance of justice, or at least clemency, in a period often characterized by harsh treatment and swift retribution against Native Americans. The successful defense, bolstered by the testimony of military officers regarding Old Crow’s service and his contested tribal identity, demonstrated that even amidst intense public outcry and frontier hostilities, legal arguments based on individual circumstances could prevail. Old Crow’s story remains a fascinating and poignant footnote in the broader history of the Indian Wars, offering a glimpse into the individual lives caught within vast historical conflicts and the surprising turns of fate that sometimes occurred. His liberation underscores the intricate complexities of identity, loyalty, and justice in a turbulent era of American history.
