The issue at state in the trial was whether an Indian was considered a "human". Which the law viewed, decided the affects and circumstances of in the well known court case, in the Circuit Court in 1878. Standing Bear, who was Chief of the Midwest Indian tribe known as the Ponca Indians, Was taken in custody by the United States Army and sent to General Crook. The case looked at the legality of apprehending the Ponca and Standing Bear without charging them as criminals, or prisoners of war since no war was currently active in the United States at the time. The judge, Elmer Dundy in the end proved and ruled that an Indian was a person and was protected under habeas corpus clause of the Constitution. Which goes against unlawful imprisonment unless charged with a crime.