Wigwam and War-path Or the Royal Chief in Chains Part 52

At a side table reporters are sitting. At either end of the room a file of soldiers stand with muskets ornamented with polished bayonets. These are necessary, for the prisoners might kill somebody if the bayonets were not there! Hooker Jim, Bogus, Shacknasty and Steamboat are standing near the door, unfettered and unguarded. _They_ don't need guarding, for they are soldiers now themselves, and have done more to close up the Modoc war than the "Army of a Thousand."

They are real live heroes, and they feel it too. If anything is yet wanting to make this scene complete, it is fully made up by the soldiers, who now enjoy a safe look into the eyes of the Modoc chief.

SECOND DAY.

FORT KLAMATH, July 5, 1873.

The commission met at 10 A.M., pursuant to adjournment.

Present, all of the members of the commission, the judge-advocate, and prisoners.

The proceedings of the last meeting were read and approved.

The judge-advocate then read before the commission the order convening the commission, which is interpreted to the prisoners.

The commission then proceeded to the trial of the prisoners: Captain Jack, Schonchin, Black Jim, Boston Charley, Barncho (_alias_ One-Eyed Jim), and Slolux, Modoc Indian captives, who being called before the commission, and having heard the order convening it read, it being interpreted to them, were severally asked if they had any objection to any member present named in the order, to which they severally replied in the negative.

The members of the commission were then duly sworn by the judge-advocate; and the judge-advocate was then duly sworn by the president of the commission; all of which oaths were administered and interpreted in the presence of the prisoners.

The judge-advocate asked the authority of the commission to employ T. F. Riddle and wife as interpreters, at $10 a day, which authority was given by the commission.

T. F. Riddle and wife (Tobey) were then duly sworn to the faithful performance of their duty in the interpretation of the evidence and proceedings as required, in the presence of the prisoners, which oath was interpreted to the prisoners.

The judge-advocate then presented to the commission E. S.

Belden, the official short-hand reporter, who was then duly sworn to the faithful performance of his duty; which oath was duly interpreted to the prisoners.

The prisoners were then severally asked by the judge-advocate if they desired to introduce counsel; to which they severally replied in the negative; and that they had been unable to procure any.

The prisoners were then severally duly arraigned on the following charges and specifications:--

_Charges and specifications preferred against certain Modoc Indians commonly known and called as Captain Jack, Schonchin, Boston Charley, Black Jim, Barncho, alias One-Eyed Jim, and Slolux, alias c.o.k._

CHARGE FIRST.--"Murder in violation of the laws of war." The specification in substance was the murder of Gen. E. R. S. Canby and Dr. Eleazer Thomas.

CHARGE SECOND.--"a.s.sault with intent to kill in violation of the laws of war." Specification second. "a.s.sault on the Commissioners. Attempt to kill A. B. Meacham and L. S. Dyer."

"All this at or near the Lava Beds, so-called, situated near Tule Lake, in the State of California, on or about the 11th day of April, 1873."

To which the prisoners severally pleaded as follows:--

To first specification, first charge, "Not guilty."

To second specification, first charge, "Not guilty."

To first charge, "Not guilty."

To first specification, second charge, "Not guilty."

To second specification, second charge, "Not guilty."

To second charge, "Not guilty."

T. F. RIDDLE, a citizen and witness for the prosecution, being duly sworn by the judge-advocate, testified as follows:--

_Question by judge-advocate._ Were you present at the meeting of the commissioners and General Canby, referred to in the charges and specifications just read? _Answer._ Yes, sir.

_Q._ On what day was it? _A._ On the 11th of April, I believe, as near as I can recollect.

_Q._ Were the prisoners at the bar present on that occasion?

_A._ Yes, sir.

_Q._ You identify them all? _A._ Yes, sir; I identify all but Barncho and Slolux. I saw them, but I didn't know them. They were some seventy-five yards behind me; they came up behind.

_Q._ Is Captain Jack the princ.i.p.al man in this Modoc band? _A._ Yes, sir.

_Q._ What is he? Describe him. _A._ He is a chief amongst them.

He has been a chief since 1861, I believe.

_Q._ What position did Schonchin hold among the Modocs? _A._ I never knew him to be anything more than just a common man amongst them until, within the last year, he has been cla.s.sed as Captain Jack's sub-chief, I believe; they call it a "Sergeant."

_Q._ Black Jim? _A._ He has been cla.s.sed as one of his watch-men, they call them.

_Q._ Boston Charley? _A._ He is nothing more than a high private.

_Q._ Barncho? _A._ He is not anything.

_Q._ Slolux? _A._ He is not anything.

_Q._ Are they all Modocs? _A._ Yes, sir; they are cla.s.sed as Modocs; one of them is a Rock Indian, or a "c.u.mbatwas."

_Q._ Were they all present at this meeting of the 11th of April?

_A._ Yes, sir. Barncho and Slolux was not in the council. They came up after the firing commenced.

_Q._ What connection did you have with the peace commissioners from the beginning? _A._ I was employed by General Gilliam to interpret, and then from that I was turned over to the peace commissioners; but I acted as interpreter all of the time--all through their councils.

_Q._ Did you ever receive any information which led you to suppose it was a dangerous matter for the commissioners to interview these men? _A._ Yes, sir; the first that I learned was when I stopped at Fairchild's. They agreed to meet the wagons out between Little Klamath and the Lava Beds, and all of them come in, women and children. They said Captain Jack sent word that if General Canby would send his wagons out there, they would send his women and children in.

_Q._ Where you present at the killing of General Canby and Mr.

Meacham? _A._ Yes, sir.

_Q._ Had you received any information which led you to think that it was dangerous? _A._ Yes, sir, I had; my woman, some week or ten days before that, went to carry a message into Jack's cave, where he was living, and there was an Indian called William--he followed her after she started for home back to camp, he followed her out.

_Q._ How do you know this? _A._ My woman told me.

_Q._ In consequence of some information which you received, what did you then do? Did you speak to the commissioners about it?

_A._ Yes, sir; I told them I received information, and then I went to the peace commissioners and told them it was dangerous to go out there any more to meet them, and I advised them not to go. While I was at Fairchild's, this Hooker Jim, he came there and took me out one side and told me, "If you ever come with them peace commissioners to meet us any more, and I come to you and push you to one side, you stand back one side and we won't hurt you, but will murder them."

_Q._ Do I understand you to say you then cautioned the commissioners? _A._ Yes; I told them of it.

_Q._ What did you say? _A._ I told them what Hooker Jim told me; and I said I didn't think it was of any use to try to make peace with those Indians without going to the Lava Beds, right where they were. I said, "I think the best way, if you want to make peace with them, is to give them a good licking, and then make peace."

_Q._ Did you tell them what Hooker Jim said? _A._ Yes, sir; and at another time, I believe it was the very next time after we were out in the Lava Beds--after General Gillam had moved over to the Lava Beds--we met, and Hooker Jim came to me after we got to the ground where we were to hold our council, and he took hold of me and said, "You come out here and sit down;" and he pushed me as he said he would. I said "No."

_Q._ When was this? _A._ I don't remember the date; it was some time in April.