BRANDED
Now Join the Human Race —
episode #18
Red Hand had illegally
left the reservation with his wife, Snow Child and son.
Lt. Garrett's orders were to get Red Hand, even if it
meant killing Red Hand. The lieutenant felt uneasy with
the order Major Lynch had just given him. The major
sensed something wrong and asked the lieutenant what it
was. The lieutenant told the major that Red Hand had his
wife and son with him and wondered what was to happen to
them. "What happens to them? Listen lieutenant.....Their
just as bad as the braves. Two of them once bushwhacked
a cousin of mine and half killed him." "Who cares about
the squaw?" Asked the major.
Jas had just entered the saloon where the lieutenant met
the major to discuss Red Hand's location. Jas overheard
what the major had said and interrupted him....."A lot
of people care, major!" "For one thing a few thousand
Apaches are gonna care." "Well I don't happen to be
worried about hurting their feelings," stated the major.
"You should be.....your not dealing with just any Indian
who happened to wonder off the reservation," said Jas.
"Red Hand is the chief's....." Before Jas could finish
his sentence the major interrupted him....."I know who
I'm dealing with," said the major sarcastically. The
major asked Jas who he was and what he knew about it. "I
know a little.....I know something about Apaches, I know
that if you shoot Red Hand down....." Said Jas. Again
the major interrupted Jas. "Shoot him down.....(the
major laughed), I got a right to shoot him down." "He
violated his treaty.....he left the reservation and he
wounded a U.S. Calvary officer doing it!" "Now if he
resist capture, it's my duty to shoot him down!" Argued
the major. The major looked at Jas, now more puzzled
then ever who he was, he asked him again who he was. Jas
looked him straight in the eye and said....."Jason
McCord." That was enough for the major....."Get out of
here!" "I've heard of you too major.....I came here to
ask your permission to go to Red Hand," said Jas. "I
said.....get out!" "If you shoot Red Hand down you will
be taking a shot at every Apache from here to the
Pecos." "You may be starting another Sand Creek
massacre.....only this time Major Lynch the Apache will
be doing the killing!" "Because whether you know it or
not there are far more Apaches in this territory then
there are troopers!" Said Jas. "So what am I to
do.....let him go?" Asked the major. "No major.....I
used to be in the army.....seems to me this calls for a
little more strategy and a little less frontal assault."
Jas asked the major to let him talk to Red Hand. The
major asked him if he was a friend of Red Hands. Jas
told the major he used to be, but he doubted that Red
Hand would call any of them friends anymore. The major
asked Jas if he could get Red Hand to surrender without
a fight. Jas told him that under certain conditions he
might be able to. The major said he wasn't bargaining
with any Indian. "I'll deal with Red Hand.....you can
bring him in," said Jas. The major liked what he just
heard and invited Jas to sit down, he was eager to hear
more.
Jas went to the location that the lieutenant thought Red
Hand to be. Jas traveled on foot for a little ways when
he came upon Red Hand's horse. Red Hand was aware of
Jas' presence and went into the cave to wake his wife
and to tell her there was someone approaching their
camp.
Jas went on and it wasn't long until he came upon their
camp. Red Hand was waiting on him. When Jas got close
enough Red Hand attacked him by jumping off a huge
boulder and knocking him to the ground. They fought
hard, and then Red Hand noticed this was Jason McCord.
He asked Jas if he rode with the army. Jas told him no
and that he came to find him because he had a message
from them. He asked Jas if he could go home. Jas told
him no. Red Hand asked Jas if he had come to take him
back to the reservation at Masqualero. "Red
Hand.....you'll never make it back home, you know that!"
Said Jas. "Well then I'll die here!" Said Red Hand. Jas
asked Red Hand if that's what he wanted for his son and
wife too. "No McCord.....but here we will die quickly
from the soldier's bullets." "Masqualero we die slowly
from disease and hunger." "The white man took away the
buffalo and the deer and gave us lizards." Jas told him
this was his chance to change all that. Jas assured Red
Hand that the government would listen to him because
they are afraid of him. Red Hand couldn't understand why
the government would be afraid of one Apache who only
wants to go home. Jas told him to tell them what it is
like at Masqualero and that he should tell them of the
sickness. Red Hand said the government wouldn't listen
to him. Again Jas assured Red Hand that they
would
listen to him and that Major Lynch had promised that if
he surrendered he would treat you as a leader. He also
said that he would have the governor of Santa Fe listen
to his charges and his demands. Red Hand asked Jas if he
trusted the major. Jas told him he gave him his word.
Even though Red Hand did not trust the major, he had to
do this; he couldn't turn down this chance to help his
people. "Alright McCord.....We'll go with you!"
Jas got word to the major and he and his troops met Jas
and Red Hand. "Red Hand.....I'm under orders of the
commanding general of New Mexico. To arrest you for
unlawfully ascending yourself from the Apache Indian
Reservation of Masqualero," stated the major. Jas and
Red Hand were confused. Jas rode up to the major and
asked him what was going on. The major then drew his gun
on Jas and told him to keep out of it. "You gave me your
word!" Said Jas to the major. The major said he didn't
bind himself to any promise that was made to an Indian or a
coward. The major then gave the order to arrest Red
Hand. As the soldiers started for Red Hand, Red Hand
fought to be taken. Jas also fought but was knocked out
by one of the soldiers. The soldiers manage to get Red
Hand onto Jas' horse. When Jas came to, he could see the
army riding off with Red Hand, his wife, and son.
Jas made his way back to town. When he got to the hotel
to get cleaned up when he ran into Judge Markham. He
told Jas that he was just appointed federal judge in
this district and that his court was in Lordsburg. Jas
congratulated him. He asked Jas what had happened to
him. He told him he had just lost another round to the
army. "What was it this time.....Red Hand?" Asked the
judge. "What makes you say that sir?"
Asked Jas.
"Well.....your both in Rio Blanca. I'm sure it's more
then coincidence." He asked Jas if he wanted to talk
about it. Jas took him up on his offer, he might be just
the help he needed.
Jas told the judge the story. He told them that they had
Red Hand in jail and his wife and child was staying with
the minister and his wife. Jas told him that the major
won't let him talk to Red Hand. The judge told Jas that
hating Indians was almost a religion with the major. "I
don't know much about the law, but the 14th amendment
says no person shall be deprived of life, liberty or
property without due process of law," said Jas.
"Unfortunately the inoperative word in that amendment is
person." "No person shall be deprived of life, liberty
and so forth, but the courts of this country have ruled
that an Indian is not a person," said the judge. "Then
what is he?" Asked Jas. The judge explained that they
didn't need to say what he is, just what he isn't. If
the major would have a white man in jail, he could ask
for a writ of habeas corpus, but not an Indian. The only
way would be if Red Hand would be willing to argue that
he really was a person. "You mean prove he's a human
being?" Asked Jas. That was exactly what the judge
meant. His argument would have to stand up for review,
right up to the Supreme Court, if necessary. Jas asked
what his first step would be. The judge told him to get
a writ of habeas corpus. Jas asked what was next. The
judge told him that would probably be harder. He needed
to persuade the major to take Red Hand to Lordsburg and
hold him until he could hear the motion. Jas asked if
the major won't do this, could the motion be made at the
reservation at Masqualero? The judge asked Jas if he
thought that Red Hand would get back to the reservation
alive.
Jas had to try. So he went to see the major. Jas told
him he had another favor to ask. The major told Jas that
the lieutenant persuaded him to let Jas have 10 minutes
with Red Hand. The major told him that after he saw Red
Hand, he was to get on his horse and ride. "And I want
you to take Red Hand to Lordsburg and hold him for a few
days," said Jas. Jas told him that Judge Markham would
be sitting in court in another week. Jas told him he
wanted time to be able to petition him for a writ of
habeas corpus for Red Hand. The major laughed. Jas asked
him if that was his answer. "Did you think I'd say yes?"
Laughed the major. "No major, but I wanted you to refuse
in front of a witness. And I want to say this in front
of that witness.....'If I can't get that writ in
Lordsburg.....I'll ask for it at Masqualero'." "So I'm
telling you Major Lynch.....Red Hand better get back to
Masqualero in good health!" "Are you threatening me?"
Asked the major. "That's right.....major!" Said Jas. As
Jas started to leave the major called him back. The
major told Jas that he might change his mind and that he
would like to be at Lordsburg when the judge slaps you
down when you ask for that writ. Jas asked him if he was
so sure he would. He was sure that the judge would have
no other choice but to turn Jas down. The major laughed
and told Jas that he would see him in Lordsburg. This
made Jas more determined then ever to prove that Red
Hand was a person, a man.
The major gave the order for Sgt. Mayhew to get Red Hand
and they would head out on their journey to Lordsburg.
Red Hand over powered the sergeant and escaped. Red Hand
tried to get a rifle out of the locked gun rack, but
with no avail. As he started for the door he heard
someone approaching the jailhouse. It was another
soldier coming to help the sergeant. Red Hand surprised
the soldier. They fought for a while with Red Hand
knocking out the soldier. Red Hand took his rifle and
finished his escape. This was all the major needed, now
he had his reason to shoot Red Hand.
Jas had to try and talk to Red Hand and get him to
surrender. This would be hard, because of what happened
before. But Jas had to try and get Red Hand to surrender
peacefully. Jas thought if he took his wife and his son
with him it might just work. The judge promised to give
Red Hand protection in Lordsburg and hear his case. Now
all they had to do was get to Red Hand before the major.
It wasn't long before the major found Red Hand. He knew
that Red Hand would return to his home.....his land. The
major told Red Hand to surrender. But when Red Hand
refused, he warned him and again told him to surrender.
The major and his men dismounted and started for Red
Hand. The major slowly took his gun from the holster as
the lieutenant and the sergeant looked on, displeased
and wondering what the major had in mind.
Red Hand told the major that they made him a helpless
crawling animal in the eyes of his people. He said he
was taking back his land, it would give him strength and
he was willing to die for it. He asked the major if he
would do the same. The major just stood there looking at
Red Hand. As Red Hand
turned to walk away, the major
cocked the hammer of his gun. As Red Hand turned around,
the major shot Red Hand. Red Hand fell to his knees.
Jas and the judge then rode up, but was too late to
help. Jas dismounted and went to help Red Hand. Snow
Child knelt down next to him. She saw a tear rolling
down Red Hands face. She touched it. Red hand then fell
over, he was dead. "I had to shoot him!" "He resisted
me!" "he was going to shoot me!" Said the major. Jas
looked at the major and said....."You cold bloodedly
killed a man," said Jas. "I killed an animal!" Everyone
got silent. Jas looked at Snow Child. She was setting on
the ground staring at the major, the man who killed her
husband. Jas saw a tear roll down Snow Child's face. Jas
caught it and turned to the major and asked....."Have
you ever seen an animal cry?" "A tear is a fact
major.....proof! Only the human animal has a soul that
can make him cry." "Red Hand has proved he is a person."
"Now his wife and child can make you stand up in a court
of law and make you answer for this!" "McCord's right
major!" "I'm ordering Red Hand's wife and child be taken
to Lordsburg and I'll hear arguments for a writ." "This
day has changed things for Indians everywhere!" Said
Judge Markham. Jas walked up to the major and
said....."That's right major.....You made the
change.....It took your hate to prove that Indians are
human beings." "Your hate and a strong man's tears."
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