
    THOMAS C. ANDREWS v. THE UNITED STATES AND THE KIOWA AND COMANCHE INDIANS.
    [Not reported in C. Cls. R.; 179 U. S. R.., 96.]
    
      On the defendants' Appeal.
    
    The court below found—
    In June, 1877, while the claimant, with a large number of cattle, was traveling over the Chisom trail, the same being an established trail, én route from Texas to a market in Kansas, and while camped on the Washita River, on the Kiowa and Comanche Indian reservation, in the Indian Territory, Indians belonging to the Kiowa and Comanche tribes of Indians took and drove away property of the kind and character described in the petition, the property of the claimant, which was then and there reasonably worth the sum of 88,300.
    Said_property was taken as aforesaid, without just cause or provocation on the part of the owner or the agent in charge, and has never been returned or paid for.
    And entered judgment for §8,300. The defendants contend that the claimant was riot lawful^ in the Indian Territory and that the Indians are consequently not liable.
    The decision of the court below is affirmed on the ground that “an established trail” must be taken to be a legal trail, .and that the claimant was lawfully within the Territory.
   Mr. Justice Peckham

delivered the opinion of the Supreme Court, November 5, 1900.  