During Payne's last venture, this time into the Cherokee Outlet in 1884, the Army again arrested him. They took him several hundred miles under severe physical circumstances over a tortuous route to Ft. Smith. The public was outraged about his treatment by the military, and the U.S. government decided to try his case. Payne was turned over to the United States district court at Topeka, Kansas. He was indicted for the crime of bringing whiskey into Indian Territory, a federal offense. In the fall term, Judge Cassius G. Foster quashed the indictments and ruled that settling on the Unassigned Lands was not a criminal offense. The Boomers celebrated, but the federal government refused to accept the decision.