La Flesche worked with Thomas Tibbles, an editor with the Omaha "World Herald", to publicize the poor conditions they found at the southern reservation: the Ponca had been moved too late in the year to plant crops, the government was late with supplies and promised infrastructure and improvements, and malaria was endemic in the area. Nearly one-third of the tribe died within the first two years as a result of the journey and conditions, among them the oldest son of Chief Standing Bear. The chief left the Indian Territory with some followers to bury his son in the traditional homeland of Nebraska. They were arrested and confined to Fort Omaha, by order of the federal government. Tibbles' coverage of the chief's imprisonment was instrumental in gaining Standing Bear "pro bono" legal services by two prominent defense attorneys, including the counsel for the Union Pacific Railroad. Standing Bear filed a suit of "habeas corpus" against the US government, challenging the grounds for his arrest.