The story was printed in the Omaha papers, and at once Standing Bear had many white allies.
The Omaha City people invited him to come in and talk to them; and so he did, in a church that was crowded with listeners. Two lawyers, Mr. Poppleton and Mr. Webster, adopted him as a client; and before the soldiers had started on with him, the lawyers asked the court for a writ of habeas corpus—a challenge to the United States to surrender him, as a person who had been unlawfully arrested.
The United States argued that Standing Bear was an Indian, and that an Indian was not a "person," under the laws of the United States; he did not have any rights, in court.
Standing Bear had left his tribe, and was nobody, until he returned; and even then, he would be only an Indian.
Standing Bear's lawyers brought witnesses into court, to state that the Standing Bear party had traveled peacefully, like good citizens; had not even begged along the way.
Standing Bear was told to arise and repeat his story. Part of it is contained in this chapter. It was a remarkable speech. The people in the court-room believed it. Standing Bear's heart warmed. He was no Indian; he was a man.
The judge decided. He said that an Indian was a person, and had a right to the courts, and to liberty when he had not done wrong. The Poncas had been unjustly removed by force from their lands, and Standing Bear's party had been unjustly arrested. Therefore they should be released.
When this word was carried to Standing Bear by his lawyers, he was so pleased that he almost wept.
"Before this," he said, "when we have been wronged we went to war to get back our rights and avenge our wrongs. We took the tomahawk. We had no law to punish those who did us wrong, and we went out to kill. If they had guns and could kill us first, it was the fate of war. But you have found us a better way. You have gone into court for us, and I find that our wrongs can be righted there. Now I have no more use for the tomahawk. I want to lay it down forever." So he put it on the floor. "I lay it down. I have found a better way. I can now seek the ways of peace."
He gave the tomahawk to Attorney Webster, "to keep in remembrance of the great victory."