This cemetery, known as the GE Mound, is a Hopewell
ceremonial site that was looted in 1988. Efforts to press
for an investigation and the prosecution of the people who
looted the GE Mound and to work for tough anti-looting
legislation in the state of Indiana serve as examples of how
archeologists and Native Americans can work together to
protect archeological sites. The history of the GE Mound
case was described in a recent issue of the Society for
American Archaeology Bulletin:
In the late summer 1988, archaeologists in Indiana
were alerted that a possibly spectacular Hopewell mound
was being looted. Curtis Tomak, an archaeologist with
the Indiana Department of Transportation, identified the
site and conducted test excavations. The news media
also learned about the depredations at the GE Mound. To
a public already sensitized by the looting that had
taken place shortly before at the nearby Slack Farm site
in Kentucky, news of still another archaeological crime
caused public outrage. Local and state law enforcement
agencies began an investigation, which eventually led to
the conviction of one man who violated state trespass
laws. At the urging of Raymond White, Chief of the
Miami Nation of Indiana, federal authorities became
involved. When it became clear that ARPA's <the
Archaeological Resources Protection Act> interstate
trafficking prohibition was at issue, the FBI entered
the case and made a public appeal for assistance in
their investigation.
The investigation showed that John Way, a heavy
equipment operator from Illinois, uncovered Hopewell-
style artifacts while working on a state highway
construction project in Indiana. He had been borrowing
dirt from an apparent "hill" on the property of General
Electric Plastics. That "hill" was actually the GE
Mound which unfortunately had not been discovered during
a standard archaeological survey of the area. While the
construction contractor had been advised and required to
report any archaeological materials to state
authorities, Way concealed the presence of artifacts,
took many to his home in Illinois, and called Arthur
Gerber, a well-known collector from Indiana. Gerber is
the organizer of one of the largest annual artifact
shows in the United States, which is held in Owensboro,
Kentucky. He paid Way $6,000 in cash for artifacts and
for the location of the site.
Way showed Gerber and his two diggers from Kentucky,
John Towery and Danny Glover, the best place to dig.
Others had already taken artifacts from the site,
including Kirby Wilson from Indiana who was subsequently
prosecuted for violation of state trespass laws.
Randall Hansen, a collector from Indiana who carries a
business card with the motto "Have Shovel, Will Travel,"
joined Gerber on the site. Gerber, Towery, Glover and
Hansen trespassed on General Electric property several
times in July and August, 1988, digging up and carrying
off artifacts until a General Electric Company security
guard caught them and ordered them to leave. Gerber,
Towery and Glover sold some artifacts at the Owensboro
Artifact show in August 1988. Gerber bought Towery's
and Glover's remaining artifacts and sold some at other
shows in Indiana and Kentucky. Hansen tried to buy
artifacts from Way and attempted to sell his collection
from the GE Mound for $20,000 in Kentucky.
Following the FBI investigation and a series of
indictments, each man <excluding Kirby Wilson> pleaded
guilty to ARPA's prohibition against interstate
trafficking in archaeological resources obtained in
violation of state or local laws (Munson, Jones & Fry
1993:3)
The five men were sentenced. However, as of the summer of
1993, Arthur Gerber was appealing his conviction,
challenging the constitutionality of the interstate
trafficking clause of ARPA. Eight professional and
avocational organizations joined as friends of the court to
support the government's position in the appeal, including
the Society for American Archaeology, the Society for
Professional Archaeologists, and the National Trust for
Historic Preservation (Munson, Jones & Fry 1993:4).
The reports of looting at GE Mound helped to spur the
Indiana legislature to pass a strong anti-looting law in
1989. The passage of this legislation was promoted by many
individuals and organizations, including the tribal chair of
the Miami of Indiana, individual Native Americans, and
Indiana archeologists, working through their professional
organization, the Council for the Conservation of Indiana
Archaeology (Munson & Stanford 1989:3-4; Munson, Jones &
Pollack 1990:8).
Mark Seeman, an archeologist who served as an expert witness
for the government in the prosecution of the five GE Mound
looters, discussed the significance of this site in a letter
to the Native American Advisory Council in Indiana:
The importance of the GE Mound materials to the
understanding of Native American society in prehistoric
Indiana is very great. This is not just another
Hopewell Mound. Ceremonial sites of this <sic> size and
complexity of GE are rare; indeed, nothing like it has
ever been found in Indiana (Seeman cited in Munson,
Jones & Fry 1993).
According to a staff member from the Indiana Division of
Historic Preservation and Archaeology, the meeting of the
Native American Advisory Council on Monday, May 9 will
provide an opportunity for the Council members and
archeologists and Native Americans in the audience to
express their views on what should be done with the
artifacts and human remains from the GE Mound. However, the
final decision will be made by General Electric. Comments
can be sent to:
Division of Historic Preservation and Archaeology
402 West Washington St.
Indiana Government Center South, Room 274
Indianapolis, IN 46204
Fax: (317) 232-8036
REFERENCES
Munson, Cheryl Ann, Marjorie Melvin Jones & Robert E. Fry
1993 General Electric Mound and ARPA: Current Status.
Society for American Archaeology Bulletin 11(3):3-4.
Munson, Cheryl Ann, Marjorie M. Jones & David Pollack
1990 One Step Backward, One Step Forward: Prosecuting
Looters of Archaeological Sites. Society for
American Archaeology Bulletin 8(5):8.
Munson, Cheryl Ann & C. Russell Stafford
1989 Indiana Enacts Anti-Looting Law. Society for
American Archaeology Bulletin 7(6):3-4.
Tristine Lee Smart
Museum of Anthropology, University of Michigan
Tristine.Lee.Smart@um.cc.umich.edu