An interesting sidelight in this pursuit first appeared in the first-degree murder trial of a man named Richard Marshall, for the shooting death of Martin Montileaux in Scenic, South Dakota.  Dick Marshall, an AIM leader, was immediately arrested (along with Russell Means) following this still unexplained shooting.  Later, Russell Means was separately tried - and acquitted.  The day after the shooting, the FBI's Minneapolis office sent out a memo on Richard Marshall reflecting the political nature of its interest.  "This investigation is based upon information which indicates the subject is engaged in activities which could involve a violation of Title 18, U.S. Code, Section 2383 (Rebellion or Insurrection) or 2384 (Seditious Conspiracy), as indicated hereafter.  The subject has been identified as being actively involved in militant activities of the AIM . . . . The above individual was arrested 3/1/75 with RUSSELL MEANS, AIM leader, after a high speed chase by members of the SD Highway Patrol and Pennington County Sheriff's Office.  MEANS and RICHARD MARSAHALL are suspects in a shooting at the Scenic, S.D. Bar in which victim remains paralyzed." [sic]  (Matthiessen, ibid, p. 268.)  The FBI put a lot of effort into an attempt to induce the victim to identify Richard Marshall as his assailant.  But Martin Montileaux refused.  Yet after Montileaux died, the government still proceeded to try Richard Marshall for this murder.  The trial, beginning on March 29, 1975, was not going too well for the government.  The case against Marshall was weak and contradictory.  The prosection produced two "witnesses" both of whom claimed to have seen the shooting first-hand, and to have known Marshall for years.  However, neither one had been able to identify Marshall in a police lineup of suspects arranged by the court.  As for motivation, there was no evidence whatever that Marshall had known Montileaux was in the Longhorn, that he planned to kill him, or that he had carried a weapon into the bar.  (Matthiessen, ibid, p. 271.)

Moreover, ballistics experts could make no conclusive tie between the .22 pistol found in Clifford's car (the vehicle Richard Marshall was arrested in) and the fatal bullet.  Fortunately for the government, this dilemma was resolved when a last minute witness, whose name had not been presented at the pre-trial hearings, was supplied to the state by the FBI.  Myrtle Poor Bear identified herself as a friend of the defendant and his wife, Cleo.  She hinted she had been Dick Marshall's girlfriend.  Like other mystery FBI "surprise" witnesses before her, she filled in all the missing pieces in the prosecution's case.  She testified that Marshall had the motive necessary to sustain the first-degree murder charge, namely, a beating by Montileaux suffered in a Gordon, Nebraska bar; that Marshall had carried a gun into the Longhorn; that he shot Montileaux; and that he had admitted his crime to her on three separate occasions.  [Comment: How marvelously convenient for the government!]  With her testimony, Marshall was convicted.  After the verdict, despite the FBI's official disinterest in the case, Special Agent David Price sent copies of the following cable to the FBI offices concerned:  "ON APRIL 6, 1976, RICHARD MARSHALL WAS CONVICTED OF FIRST DEGREE MURDER, PENNINGTON COUNTY COURT, RAPID CITY, SOUTH DAKOTA.  MARSHALL WAS IMMEDIATELY GIVEN THE MANDATORY SENTENCE OF LIFE AT HARD LABOR.  THE RAPID CITY OFFICE OF THE FBI WAS HELPFUL TO LOCAL AUTHORITIES AS THE FBI SUPPLIED ONE WITNESS WHO HEARD MARSHALL BOAST OF THE MURDER.  MARSHALL IS CURRENTLY INCARCERATED."

Note that author Peter Matthiessen devotes an entire section (Chapter 16, pages 444 through 467) to detailing the complex and obscure relationship between Agent David Price and Myrtle Poor Bear over the years 1976-1981.  This complex matter was outside the scope of this "Book Report."  Although it further cemented my impression of the validity of the book, it would have required excessive time for adequate treatment, and it was uncovered after the time span I write about here.  As I have often said: "Get the book and read it!"