James Patrick Lynch: Freelance historians testifies against Indians in Casino land dispute

A Connecticut historian who has refuted American Indian land claims across the country testified Monday in federal court that the Shinnecock Nation has no right to build on a parcel of land in Southampton that the tribe is eyeing for a casino.

Freelance historian James Patrick Lynch said the 79 acres, known as the Westwood property, were legally handed over by the Shinnecocks as part of a 1659 restitution agreement for arson crimes committed by a few tribal members. Lynch said the land was signed over then by tribal leader Wyandanch, a Montauk. That claim led several Shinnecocks in the courtroom to raise their eyebrows at each other, but tribal leaders did not respond later to requests for comment.

"The Shinnecocks have not maintained a continuous and exclusive use of the Westwood lands in Southampton," said Lynch, who in previous hearings acknowledged he has never found a valid American Indian land claim out of several from California to the East End.

But the Shinnecocks' lawyer, Christopher Lunding of Manhattan, said he will call a Yale University historian who will show that the original land purchase from the tribe was invalid. Lunding said land purchases from American Indians were prohibited by the General Court of the Colony of Connecticut, which had authority over that part of Long Island at the time.

"The deeds under which they say it was sold were void," Lunding said.

"That is not an argument that has been made by the tribe at any point in history prior to this case," answered Michael Cohen, lead attorney for the Town of Southampton.