Clark: October 13, 1804

13th of October, Saturday 1804. Newman confined for mutinous expressions. Proceeded on, passed a camp of Sioux on the south side; those people did not speak to us. Passed a creek on the south side 18 miles above the Ricaras (Arikaras) which I call Stone Idol Creek. This creek heads in a small lake not far away, near which there is a stone to which the Indians ascribe great virtue, etc. At 21 miles passed a creek 15 yards wide on the larboard side which I call Pocasse. We observed great quantities of grapes. A fine breeze from the southeast. Camped on the larboard side. Some rain this evening. We formed a court-martial of 7 of our party to try Newman; they sentenced him to 75 lashes and banishment from the party. The river is narrow, the current gentle, and wood plentiful on the bottoms. The upland is as usual, open and diversified plains, generally rich and level.

13th of October, Saturday 1804. One man, J. Newman, confined for mutinous expression. Set out early, proceeded on, passed a camp of Sioux on the south side; those people only viewed us and did not speak one word. The visitors of last evening all except one returned, that one being the brother of the chief we have on board. Passed (1) a creek on the south side, 13 yards wide, at 18 miles above the town, heading in some ponds a short distance to the northeast; we call it Stone Idol Creek. (Well to observe here that the Yankton, or River Jacque, heads at about 2 days' march from this place easterly; the River de Sioux one day further; the Cheyenne, a branch of the River Rouge, still beyond; and the River St. Peters 4 days' march from this place in the same direction—information of the Ricaras.) Passed 2 large willow (2) and sand islands above the mouth of the last creek. At 21 miles above the village passed a (3) creek about 15 yards wide on the larboard side, which we call after the second chief, Pocasse (or Hay). Nearly opposite this creek, a few miles from the river on the south side, two stones resembling human persons and one resembling a dog are situated in the open prairie. To these stones the Ricaras pay great reverence and make offerings whenever they pass (information of the chief and interpreter). Those people have a curious tradition about these stones: one was a man in love, one a girl whose parents would not let her marry, and the dog went to mourn with them. All turned to stone gradually, beginning at the feet. Those people fed on grapes until they turned, and the woman still has a bunch of grapes in her hand. On the river near the place where these stones are said to be situated, we observed a greater quantity of fine grapes than I ever saw in one place.

The river about the island on which the lower Ricaras village is situated is narrow and contains a greater proportion of timber than below. The bottoms on both sides are covered with timber, the uplands naked, the current gentle, and sandbars generally confined to the points.

We proceeded on under a fine breeze from the southeast and camped late at the upper part of some wood on the starboard side. Cold and some rain this evening. We sent out hunters; killed one deer.

We tried the prisoner Newman last night by 9 of his peers; they did "sentence him to 75 lashes and disbanded from the party."

[Lewis and Clark, October 13, 1804]

Orders, 13th of October 1804. A court-martial to consist of nine members will sit today at 12 o'clock for the trial of John Newman, now under confinement. Capt. Clark will attend to the forms and rules of a president without giving his opinion.

Detail for the court-martial:
Sergeant John Ordway
Sergeant Pat. Gass
Jo. Shields
H. Hall
Jo. Collins
Wm. Werner
Wm. Bratton
Jo. Shannon
Silas Goodrich
Meriwether Lewis, Capt. 1st U.S. Regt. Infantry
Wm. Clark, Capt. (or E. N W D)

In conformity to the above order, the court-martial convened this day for the trial of John Newman, charged with "having uttered repeated expressions of a highly criminal and mutinous nature; the same having a tendency not only to destroy every principle of military discipline, but also to alienate the affections of the individuals composing this detachment to their officers, and disaffect them to the service for which they have been so sacredly and solemnly engaged." The prisoner pled not guilty to the charge exhibited against him. The court, after having duly considered the evidence adduced, as well as the defense of the said prisoner, are unanimously of opinion that the prisoner John Newman is guilty of every part of the charge exhibited against him, and do sentence him, agreeably to the rules and articles of war, to receive seventy-five lashes on his bare back, and to be henceforth discarded from the permanent party engaged for Northwestern discovery; two-thirds of the court concurring in the sum and nature of the punishment awarded. The commanding officers approve and confirm the sentence of the court, and direct that the punishment take place tomorrow between the hours of one and two P.M. The commanding officers further direct that John Newman in future be attached to the mess and crew of the red pirogue as a laboring hand on board the same, and that he be deprived of his arms and accoutrements, and not be permitted the honor of mounting guard until further orders. The commanding officers further direct that in lieu of the guard duty from which Newman has been exempted by virtue of this order, he shall be exposed to such drudgeries as they may think proper to direct from time to time, with a view to the general relief of the detachment.