On July 30, the prosecution called Ernest Burkhart to the stand.
There was speculation that Burkhart would defect again and
return to the fold of his uncle, but this time Burkhart answered
the prosecution’s questions forthrightly. Burkhart recalled that
one time Hale and Henry Grammer had discussed how to
eliminate Roan. The original plan was not for Ramsey to shoot
Roan, Burkhart said. Instead, Hale intended to use one of his
other primary methods—a batch of poisoned moonshine.
Burkhart’s testimony finally made public what the Osage had long
known: members of the tribe had been systematically killed with
intentionally contaminated alcohol. In the case of Roan, Burkhart
said, Hale ultimately decided to have him shot, but Hale was
furious when he later learned that Ramsey had not, as instructed,
fired the bullet into the front of Roan’s head and left the gun at
the scene. “Hale said to me if John Ramsey had done it the way I
told him to nobody would have known but that Roan had
attempted suicide,” Burkhart recalled.
On August 7, the prosecution rested, and the defense soon
summoned Hale to the stand. Addressing the jurors as
“gentlemen,” he insisted, “I never devised a scheme to have Roan
killed. I also never desired his death.” Although Hale had made a
compelling witness, White was confident the government had
proven its case. In addition to Burkhart’s testimony, White had
testified to Ramsey’s confession, and witnesses had described
Hale’s fraudulent acquisition of the insurance policy. The
prosecutor Roy St. Lewis called Hale “the ruthless freebooter of
death.” Another prosecutor said, “The richest tribe of Indians on
the globe has become the illegitimate prey of white men. The
Indian is going. A great principle is involved in this case. People of
the United States are following us through the press. The time has
now come for you gentlemen to do your part.”
On August 20, a Friday, the jury started its deliberations. Hours