William Henry Dietz Contested heritage What about Dietz's heritage was contested? Dietz's Indian heritage was first contested in 1916 after former neighbors who settled on the Pacific Coast heard he was posing as an Indian. Was he living on an Indian reservation or had he before? In December 1918 the Federal Bureau of Investigation looked into his heritage after he fraudulently registered for the draft as a "Non-Citizen Indian" with an allotment. Who was Dietz impersonating when the FBI investigated him? had taken on the identity of James One Star, an Oglala man of the Pine Ridge Indian Reservation 12 years his senior who had disappeared in Cuba Did Dietz do any jail time for the fraud? his mother's fallacious testimony (to protect him from prison) resulted in a hung jury, but Dietz was immediately re-indicted. The second trial resulted in a sentence of 30 days Did he have any other Indian brothers and sisters from the mother that testifed for him? I don't know.
Where was the trial for his fraud held?
Where was the trial for William Henry Dietz fraud held?
Dietz's Indian heritage was first contested in 1916 after former neighbors who settled on the Pacific Coast heard he was posing as an Indian. In December 1918 the Federal Bureau of Investigation looked into his heritage after he fraudulently registered for the draft as a "Non-Citizen Indian" with an allotment. The Bureau found he had taken on the identity of James One Star, an Oglala man of the Pine Ridge Indian Reservation 12 years his senior who had disappeared in Cuba in 1894. Dietz also claimed he was the head of an American film company that produced propaganda films for the war.  Dietz divorced De Cora in November 1918, charging her with abandonment. It is not clear how much she knew about his true identity. She died six days after his indictment.  Dietz was tried in Spokane, Washington in June 1919 for the first offense. One Star's sister, Sallie Eaglehorse, testified after seeing him for the first time at the trial that Dietz was definitely not her brother. Still, the judge instructed the jury to determine whether Dietz "believed" he was an Indian, not whether it was true. Despite that others had witnessed his birth in the summer of 1884 or had seen him the following day, Dietz's mother Leanna claimed he was the Indian son of her husband who had been switched a week or more after she had a stillbirth. Dietz's acting ability along with his mother's fallacious testimony (to protect him from prison) resulted in a hung jury, but Dietz was immediately re-indicted. The second trial resulted in a sentence of 30 days in the Spokane County Jail after he pleaded "no contest". CANNOTANSWER
Dietz was tried in Spokane, Washington in June 1919 for the first offense.
William Henry "Lone Star" Dietz (August 17, 1884 – July 20, 1964) was an American football player and coach. He served as the head football coach at Washington State University (1915–1917), Purdue University (1921), Louisiana Tech University (1922–1923), University of Wyoming (1924–1926), Haskell Institute—now known as Haskell Indian Nations University (1929–1932), and Albright College (1937–1942).  From 1933 to 1934, Dietz served as the head coach for the National Football League's Boston Redskins, where he tallied a mark of 11–11–2.  He was inducted into the College Football Hall of Fame as a coach in 2012.

Early life
According to census records and to his birth certificate, he was born William Henry Dietz, or "Willie," on August 17, 1884, in Rice Lake, Wisconsin, at 16 West Humbird Street.  His father William Wallace Dietz, settled in the area in 1871 and was elected county sheriff in 1877. His father married Leanna Ginder in November 1879.

"Willie" attended Oklahoma's Chilocco Indian Agricultural School, where he may have feigned some kind of Indian identity for the first time according to researcher Linda Waggoner. She wrote, "Naturally, visitors to the St. Louis World's Fair exhibit, including Dietz's future wife, Winnebago artist Angel De Cora (1871–1919), thought Dietz was a Chilocco student." Waggoner traced Dietz' heritage in several articles in Indian Country Today Media Network and at a 2013 symposium at the National Museum of the American Indian.

Contested heritage
Dietz's heritage was first contested in 1916 after former neighbors who settled on the Pacific Coast heard he was posing as a Native American. In December 1918 the Federal Bureau of Investigation looked into his heritage after he registered for the draft as a "Non-Citizen Indian" with an allotment. The Bureau found he had taken on the identity of James One Star, an Oglala man of the Pine Ridge Indian Reservation 12 years his senior who had disappeared in Cuba in 1894. Dietz also claimed he was the head of an American film company that produced propaganda films for the war.

Dietz was tried in Spokane, Washington in June 1919 for the first offense. One Star's sister, Sallie Eaglehorse, testified after seeing him for the first time at the trial that Dietz was definitely not her brother. Still, the judge instructed the jury to determine whether Dietz "believed" he was a Native American, not whether it was true. Despite that others had witnessed his birth in the summer of 1884 or had seen him the following day, Dietz's mother Leanna claimed he was the Native American son of her husband who had been switched a week or more after she had a stillbirth. Dietz's acting ability along with his mother's fallacious testimony (to protect him from prison) resulted in a hung jury, but Dietz was immediately re-indicted. The second trial resulted in a sentence of 30 days in the Spokane County Jail after he pleaded "no contest".

Dietz's true heritage remains controversial.  Although he is recognized as an "Indian athlete" by Dan Snyder, owner of the Washington Football Team (formerly known as the Washington Redskins), Indian Country Today Media Network ran a series of articles in 2004 exposing Dietz as a white man masquerading as a Native American. In 1988, the National Congress of American Indians attempted to meet and discuss the issue with the team's former owner, Jack Kent Cooke, but Cooke refused a meeting.

Playing career
Dietz played at the Carlisle Indian Industrial School of Carlisle, Pennsylvania, with teammate Jim Thorpe, under famed coach Pop Warner.

Coaching career
In 1921, Dietz took a coaching position with Purdue University in Indiana. After Angel De Cora died in 1919, he married Doris O. Pottlitzer, a middle-aged local journalist, on January 29, 1922. The week previous to their marriage, Purdue officials fired him for illegal recruiting. In spring 1933, George Preston Marshall, owner of the Boston Braves, hired Dietz to replace Coach Lud Wray. In 1937, the team moved to Washington, D.C.

For the rest of his life, Dietz continued to promote himself as Lone Star Dietz, the son of W. W. and Julia One Star of Pine Ridge. He took on his last coaching job in 1937 for Albright College in Pennsylvania; in 1964, still married to Doris, Dietz died in Reading, Pennsylvania. Later in life, Dietz was an active painter exhibiting his work at Lafayette College with in an exhibit curated by Francis Quirk. He and Doris were so poor that former teammates purchased his headstone. It reads: "William ‘Lone Star’ Dietz
born in South Dakota."

George Preston Marshall, owner and founder of the Boston Braves, sought to rename the franchise in 1933 after leaving the stadium the team had shared with the baseball team of the same name. Marshall was said to have named the Redskins in honor of Dietz, who claimed to be of the Sioux Nation, by analogy with the Red Sox who shared the team's new home, Fenway Park. A 1933 news article quotes Marshall as saying he named the team because of real Indians on the team. However, Marshall is only talking about why he specifically chose Redskins. Dietz was hired before the name change and is cited in many articles and by Marshall as being a reason he kept the Native American theme when changing the team name.

Recognition
Dietz was inducted into the College Football Hall of Fame in 2012.

Nickname

Dietz named himself "Lone Star" after James One Star, the alleged nephew of an Oglala Buffalo Bill Performer sometime after the 1904 St. Louis World's Fair. "Lone Star" and "One Star" are the same name in Oglala.

Personal life
Dietz divorced De Cora in November 1918, charging her with abandonment. It is not clear how much she knew about his identity.  She died six days after his indictment. Later in life, Dietz was an active painter exhibiting his work at Lehigh University with sculptors Joseph Brown and Jose deRivera in a 1955 exhibit curated by Francis Quirk.

Head coaching record

College football

NFL

College baseball

References

Further reading
Keep A-goin': the life of Lone Star Dietz (2006) , hardback; , softcover (2006) 
Doctors, Lawyers, Indian Chiefs (2008)  softcover devotes a chapter to Lone Star Dietz
At last, Lone Star in the Hall of Fame (May 22, 2012 by Cougfan.com)

External links
 
 

1884 births
1964 deaths
Albright Lions football coaches
Carlisle Indians football coaches
Carlisle Indians football players
Haskell Indian Nations Fighting Indians football coaches
Louisiana Tech Bulldogs baseball coaches
Louisiana Tech Bulldogs football coaches
Ole Miss Rebels football coaches
Purdue Boilermakers football coaches
Washington State Cougars football coaches
Wyoming Cowboys football coaches
Boston Redskins head coaches
College Football Hall of Fame inductees
People from Rice Lake, Wisconsin
Players of American football from Wisconsin
American football tackles
Intrinsic fraud is an intentionally false representation that goes to the heart of what a given lawsuit is about, in other words, whether fraud was used to procure the transaction. (If the transaction was fraudulent, it probably does not have the legal status of a contract.) Intrinsic fraud is distinguished from extrinsic fraud (a/k/a collateral fraud) which is a deceptive means of keeping a person from discovering and/or enforcing legal rights. It is possible to have both intrinsic and extrinsic frauds.

The U.S. Supreme Court defined and distinguished intrinsic from extrinsic fraud in its unanimous 1878 United States v. Throckmorton decision, written by Justice Samuel Freeman Miller. It described intrinsic fraud as "any matter which was actually presented and considered in the judgment assailed", declining to grant equitable relief to the federal government over an allegation that a settler's land claim in Mexican-ruled California had been secured two decades earlier after California became a U.S. territory through falsified documents and perjured affidavits. Even though the issue had not been raised at the original trial, the Court held that the government had had ample opportunity to exercise due diligence and investigate the evidence.

During a trial, perjury, forgery, and bribery of a witness constitute frauds that might have been relieved by the court.  Such actions will usually lead to a mistrial being declared and after any penalties for the involved parties a new trial will take place on the same matter.

Two types of intrinsic fraud in contract law are fraud in the inducement and fraud in the factum.

Fraud in the factum is a legal defense, and occurs where A signs a contract, but either does not realize that it is a contract or does not understand the nature of the contract, because of some false information that B gave to A.  For example, if John tells his mother that he is taking a college course on handwriting analysis, and for his homework, he needs her to read and sign a pretend deed.  If Mom signs the deed believing what he told her, and John tries to enforce the deed, Mom can plead "fraud in the factum."

Fraud in the inducement is an equitable defense, and occurs when A signs a contract, knowing that it is a contract and (at least having a rough idea) what the contract is about, but the reason A signed the contract was because of some false information that B gave to A.  For example, if John tells his mother to sign a deed giving him her property, Mom refuses at first, then John explains that the deed will be kept in a safe deposit box until she dies.  If Mom signs the deed because of this statement from John, and John tries to enforce the deed prior to Mom's death, Mom can plead "fraud in the inducement."

See also
Extrinsic fraud
Fraud
Per minas
Scienter
 Intrinsic Fraud reference

References 

Contract law
Fraud Rajkissore Dutt (alternate spelling: Raj Kishore Dutt) (fl. 19th century) was a 19th-century Indian businessman, who is most notable for perpetrating a major fraud against the Bank of Bengal, which is one of the predecessors of the State Bank of India.

Biography

Early life

He was born and raised in Kolkata. He was known for being a devout Hindu and he regularly worshipped the Hindu goddess Kali.

Career 

He established a bank in Kolkata, known as Indian Bank. The bank circulated its own banknotes and achieved significant success.

Fraud against the Bank of Bengal 

In 1826, he colluded with his son-in-law Dwarkey Nath Mitter to forge Company's Paper or Government Securities. The documents were forged and passed off as genuine to the public. These documents enabled him to avail a loan of Rupees three and a half lakhs from the Bank of Bengal, a predecessor of the State Bank of India.

Discovery and Trial 

However, his misdeeds were soon discovered and he was tried, convicted and sentenced to transportation in the penal colonies of the East India Company, where he lived out the rest of his life.

In 1829, Mr. J. A. Dorin was the treasury secretary of the Bank of Bengal. When the documents forged by Rajkissore Dutt were presented before him for verification, he perceived some peculiarity in its printing. He forwarded the documents to the head office of the Treasury. At the Treasury, the documents were examined by Henry Prinsep, the financial secretary to the Company government. Henry Prinsep concluded that his own signatures had been forged by Rajkissore Dutt, and thus the fraud came to light.

The trial thus commenced and the final judgement was given on 30 June 1834 by the Court of Directors of the East India Company.

Impact on the Bank 

The fraud had a major impact on the Bank of Bengal, which is a predecessor of the State Bank of India. The amount of the fraud was later written off towards the profit and loss account. The fraud perpetrated by Rajkissore Dutt wiped out a major part of the bank's profit for the year. The fraud also impacted the dividends paid out by the bank till the year 1834.

Media Coverage 

The fraud and the court case associated with it was regularly reported and written about in the Calcutta Magazine and Monthly Register as well as The Asiatic Journal and Monthly Register for British India and Its Dependencies.

See also

 Nagarwala case

References

Indian businesspeople
19th-century Indian businesspeople
Indian fraudsters
Indian company founders
Businesspeople from Kolkata