
    JOSHUA GORHAM v. THE UNITED STATES ET AL.
    [29 C. Cls. R., 97; 165 U. S., 316.]
    
      On the defendants’ Appeal.
    
    The court finds from the evidence that the depredation was committed by Indians belonging to tribes at the time in amity with the United States, but not specifically identified. Judgment is entered against the United States alone; the petition against the two Indian defendants is dismissed. The United States now moves to set aside the judgment and for a new trial.
    The court below decides:
    1. Judgment against an Indian tribe is not a necessary condition to judgment against the United States in an action under the Indian Depredation Act of 1891. The court has j urisdiction if the depredation was by Indians in amity with the United States, though the tribe be unidentified.
    2. Cases may arise where the mistake, error, or negligence of an officer charged with the defense of the Government is so serious or so palpable that it would be a wrong and injustice to allow a judgment to stand; but where a case has been carefully prepared by a law officer and elaborately argued and fully considered, the resulting judgment should be set aside only where the fraud, wrong, or injustice complained of is established beyond a reasonable doubt. A different view of the case taken by new counsel for the Government is not sufficient.
    The decision of the court below is affirmed on the same grounds.
   Mr. Justice Peckham

delivered the opinion of the Supreme Court, February 15, 1897.  