It becomes apparent that Chief Oshkosh’s trial represented the trial of Native American traditional codes in that the cultural significance of his actions was made clear through testimony to the jurors and prosecuting attorneys. Baird, the prosecuting attorney, writes that “Oshkosh, chief of the menominee nation,… [and] two other Indians of that tribe were indicted before the Circuit Court of the U.S… for the murder of Okeguay” during “June 1830”. But the charge of murder conflicted with Native American traditions, as Baird acknowledged that “the right upon which the murder was perpetrated” was well established in the historical relations of the Menominee and Pawnee tribe. During testimony, it was revealed to the jury that “a custom existed
