ion. When the prosecutor
and prosecuted belong to the same gens, the trial is before the
council of the gens, and from it there is no appeal. If the parties
involved are of different gentes, the prosecutor, through the head of
his household, lays the matter before the council of his own gens; by
it the matter is laid before the gentile council of the accused in a
formal manner. Thereupon it becomes the duty of the council of the
accused to investigate the facts for themselves, and to settle the
matter with the council of the plaintiff. Failure thus to do is
followed by retaliation in the seizing of any property of the gens
which may be found.

_MAIMING._

Maiming is compounded, and the method of procedure in prosecution is
essentially the same as for theft.

_MURDER._

In the case of murder, if both parties are members of the same gens,
the matter is tried by the gentile council on complaint of the head of
the household, but there may be an appeal to the council of the tribe.
Where the parties belong to different gentes, complaint is formally
made by the injured party, through the chief of his gens, in the
following manner:

A wooden tablet is prepared, upon which is inscribed the totem or
heraldic emblem of the injured man's gens, and a picture-writing
setting forth the offense follows.

The gentile chief appears before the chief of the council of the
offender, and formally states the offense, explaining the
picture-writing, which is then delivered.

A council of the offender's gens is thereupon called and a trial is
held. It is the duty of this council to examine the evidence for
themselves and to come to a conclusion without further presentation of
the matter on the part of the person aggrieved. Having decided the
matter among themselves, they appear before the chief of the council
of the aggrieved party to offer compensation.

If the gens of the offender fail to settle the matter with the gens of
the aggrieved party, it is the duty of his nearest relative to avenge
the wrong. Either party may appeal to the council of the tribe. The
appeal must be made in due form, by the presentation of a tablet of
accusation.

Inquiry into the effect of a failure to observe prescribed formalities
developed an interesting fact. In procedure against crime, failure in
formality is not considered a violation of the rights of the accused,
but proof of his innocence. It is considered supernatural evidence
that the charg