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:—

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.—“Assault with intent to kill in violation of the laws of war.” Specification second. “Assault 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 principal 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 classed as Captain Jack’s sub-chief, I believe; they call it a “Sergeant.”

Q. Black Jim? A. He has been classed 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 classed as Modocs; one of them is a Rock Indian, or a “Cumbatwas.”

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.

Q. The first or second meeting? A. The first meeting after Hooker Jim had told me this at Fairchild’s.

Q. Where they the same, or other commissioners? A. It was General Canby, Dr. Thomas, and Mr. Dyer, and Judge Roseborough, I believe, was along, if I am not mistaken; I won’t be positive. Hooker Jim came to me and caught hold of me, and pushed me one side, and said, “You stand out here.” I told him “No;” that I had to go and talk and interpret for them; and my woman here spoke up to him to behave himself, and not go doing anything while he was there; and he then said, “Well, go and sit down.”

Q. Did you visit the Lava Beds before the massacre; and, if so, did you go alone, or with some one else? A. The first time I went in there was with Squire Steele. Fairchild—

Q. (Interrupting.) Very shortly before the massacre, did you? A. Well, I was in there.

Q. State why you went in there. A. I was in there on the 10th of April. My woman and me went in there, and took a written message in there from the peace commissioners. I read and interpreted it to Captain Jack, and I told him then, after I interpreted it to him, that I gave him a notice; and I told him to bring it the next day when he met the commissioners, to bring it with him. He threw it on the ground, and he said he was no white man; he could not read, and had no use for it. He would meet the commissioners close to his camp—about a mile beyond what they called the peace tent. He said he would meet them there and nowhere else.

Q. A mile nearer the Lava Beds than the peace tent? A. Yes; he said that was all he had to say then. I could hear them talking around, and sort of making light of the peace commissioners—as much as to say they didn’t care for them.

Q. What was the tenor of this message you say you read? A. It was a statement that they wished to hold a council with them at the peace tent next day, to have a permanent settlement of the difficulties between the whites and the Indians; they wanted to make peace, and move them off to some warm climate, where they could live like white people.

Q. Where is that note you carried? A. It is lost.

Q. Did Captain Jack say anything about arms in reference to the meeting? A. Yes, sir; he said he would meet them five men without arms, and he would do the same—he would not take any arms with him.

Q. That he would meet them at the place he fixed—one mile nearer the Lava Beds? A. Yes, sir; one mile nearer the Lava Beds.

Q. Five men, without arms, and he would also go without arms? A. Yes, sir.

The Court. Five, including himself? A. Yes, sir.

The Judge-Advocate. What did he say about the proposition to move him from the Lava Beds? A. He said he knew no other country only this, and he did not want to leave it.

Q. Did he say anything about a desire for peace? A. Yes; he said if they would move the soldiers all away he would make peace then, and live right there were he was, and would not pester anybody else; he would live peaceably there.

Q. Was Captain Jack alone in this interview when you talked with him? A. No, sir; these other men were around with him, sitting down.

Q. These prisoners here now? A. Some of them.

Q. Did he do all or only a part of the talking? A. That evening he done all of the talking—that is, he was the only one that had anything to say to me in regard to this affair.

Q. Did you see anything there which led you to suppose that they intended hostilities? A. Yes, sir; I did; I saw that they had forted up all around the cave.

Q. Did they seem to be well provisioned? A. They had just been killing several beeves there that day.

Q. Which of these men were there at the time? A. Boston was there—most all of these that are here.

Q. Can’t you name them? A. There was Boston, Black Jim was there, and Barncho; I don’t remember whether Schonchin was there or not at the time the conversation was going on.

Q. Did you go back to the commissioners then? A. Yes, sir.

Q. State the facts about it. State what followed after your return to the commissioners. A. I went back and went to the peace commissioners’ tent with Jack’s message that he would meet them five unarmed, and he would do the same; he would have five men with himself, and go without arms; and I told him they were forted all around there, and they had been killing beef; and I thought it was useless to try to make peace any longer; and if Captain Jack would not agree to meet at the tent, and if I were in their places I would not meet them any more.

Q. What did the commissioners then reply or decide upon? What decision did they come to? A. They held a council between themselves. I was not at their council.

Q. Was your visit the day before the assassination? A. Yes, sir; I seen General Canby that evening,; and I told him I had a proposition to make to him. He was out, and I met him, and he wanted to know what it was; I told him that if I was in his place, if I calculated on meeting them Indians, I would send twenty-five or thirty men near the place were I expected to hold the council, to secrete themselves in the rocks there; that they would stand a good show to catch them, if they undertook to do anything that was wrong. General Canby said that that would be too much of an insult to Captain Jack; that if they knew of that, they might do an injury then; he would not do that.

Q. Did you hear him say that? A. Yes.

Q. Did they determine to meet him, or not? A. they sent to me the next morning, then, to come down to the peace commissioners’ tent.

Q. Was Captain Jack informed that they would not go to that place one mile nearer? A. Yes, sir; Bogus Charley went in that evening before the murder, right ahead of me, into General Gilliam’s camp and stayed all night. He staid at my camp, and the next morning the peace commissioners decided that they would not meet Captain Jack in this place where he wanted to meet them, and sent a message out by Bogus and Boston for them to meet him at the peace commissioners’ tent, the peace tent, and they were gone about an hour; and they came back again and said that Captain Jack was there with five men.

Q. (Interrupting). You heard it? A. Yes.

Q. Jack was to meet them where; he was where? A. He was at the peace tent.

Q. Captain Jack sent back a message then by Bogus and Boston that he would meet them at the peace tent with five men? A. Yes, sir; but they were not armed, and he wanted the peace commissioners to go without arms.

Q. He sent that message, and you heard it? A. Yes, sir.

Q. What advice, if any, did you then give the commissioners? A. My woman and me went down to the peace commissioners’ tent and she went to Mr. Meacham; I saw her myself at the first, though I told him not to meet them.

Q. Were you at the peace commissioners’ tent when you gave them this advice? A. The peace commissioners’ tent in General Gillam’s camp.

Q. Not the large peace tent? A. No; the peace commissioners’ tent. He wanted to know why, and I told him they intended to murder them, and that they might do it that day if everything was not right; and my woman went and took hold of Mr. Meacham and told him not to go; and held on to him and cried. She said, “Meacham, don’t you go!”—I heard her say so myself—“for they might kill you to-day; they may kill all of you to-day;” and Dr. Thomas, he came up and told me that I ought to put my trust in God; that God Almighty would not let any such body of men be hurt that was on as good a mission as that. I told him at the time that he might trust in God, but that I didn’t trust any in them Indians.

Q. Did any of the other commissioners make any reply? A. Mr. Meacham said that he knew there was danger, and he believed me, every word I said, and he believed the woman, and so did Mr. Dyer. He said he believed it; and he said that he felt like he was going to his grave. I went then to General Canby and asked him if General Gillam was going out. He said “No.” I said, I want your commissioners then to go to General Gillam’s tent with me.

Q. Did they go? A. Yes, sir.

Q. Was Tobey with you? A. No, sir; she was not with me then; she was standing holding her horse.

Q. State what occurred at General Gillam’s tent. A. We went down with Mr. Meacham, General Canby, Dyer, and Dr. Thomas; and General Canby walked down with us. General Canby did not go into the tent, but the other three went in; that is, Mr. Dyer, Meacham, and Dr. Thomas, and I went in to General Gillam and said, “General Gillam, these men are going out to hold council with them Indians to-day, and I don’t believe it is safe. If there is anything happens to them, I don’t want no blame laid on me hereafter, because I don’t think it is safe for them to go, and after it is over I don’t want nothing laid on me;” said I, “I am not much afraid of the Indians; but I will go before I will be called a coward.”

Q. State what followed then. A. Well, before we got through the conversation there, General Gillam—that is, there was not anything more—and then General Gillam gave a big laugh, and said if the Indians done anything, that he would take care of them, and we started out, and General Canby and Dr. Thomas started on ahead; Mr. Meacham went to Tobey (my wife), and asked her if she thought the Indians would kill him; and she said, “I have told you all I can tell you;” she said, “they may kill you to-day, and they may not.”

Q. You heard this? A. Yes. “But,” says she, “don’t go.” By that time General Canby and Dr. Thomas had got some one hundred yards ahead of us. Bogus Charley walked out; General Canby and Dr. Thomas walked; Mr. Dyer, Meacham, and Tobey rode horseback.

The Court. Did Bogus Charley walk out with you? A. Yes; him and me were behind.

The Judge-Advocate. Where was Boston Charley at this time? A. If I am not mistaken he was with General Canby and Dr. Thomas.

Q. Did you finally arrive at the peace tent? A. Yes, sir.

Q. And whom did you find there? A. I found Captain Jack, Schonchin, and Black Jim (Ellen’s man), who is dead, they say, Shacknasty Jim, and Hooker Jim.

Q. Were there any others? A. There were no others; well, Boston, he went out with us, and Bogus Charley; there were eight of them there.

Q. Eight were there in the party? A. In the council; yes, sir.

Q. What took place after you met these Modocs whom you have named—between the commissioners and they? A. Well, we all sat down around a little fire we had there, built, I suppose, some twenty or thirty feet from the peace tent. There was some sage brush thrown on, and we were all sitting around the little fire, and General Canby gave them all a cigar apiece, and they all sat around there and smoked a few minutes, and then they went to talking; General Canby, I think, though I won’t be certain, made the first speech, and told them that he had been dealing with the Indians for some thirty years, and he had come there to make peace with them and to talk good; and that whatever he promised to give them that he would see that they got; and if they would come and go out with him, that he would take them to a good country, and fix them up so that they could live like white people.

Q. Did you interpret all of this to the Indians? A. Yes, sir.

Q. So that they understood it? A. Yes, my wife and me did together.

Q. Was that the summary of General Canby’s speech? A. That was about the substance of his speech, with the exception that he told them that he had a couple of Indian names; that he had taken Indians on to a reservation once before, and that they all liked him, and had given him a name.

Q. General Canby said that? A. Yes. They sat and laughed about it. I disremember the name now.

Q. Do you know who spoke next? A. Mr. Meacham spoke next, and he told them he had come there to make peace with them; that their Great Father from Washington had sent him there to make peace, and wipe out all of the blood that had been shed, and to take them to some country where they could have good homes, and be provided with blankets, food, and the like.

Q. That was Mr. Meacham’s speech? A. Yes, sir. Dr. Thomas, he said a few words. He said the Great Father had sent him there to make peace with them, and to wipe out all the blood that had been shed, and not to have any more trouble, to move them out of this country here,—that is, the place where they were stopping.

Q. Mr. Riddle, do you know whether the Lava Beds are in the State of California? A. Yes, sir; they are. I could not be certain what the extent of them is; it may be possible a small portion of them is in Oregon.

Q. How near the Lava Beds was General Gillam’s camp? A. It was about two miles and a half from Jack’s stronghold.

Q. How near to the Lava Beds was the peace tent? A. It was right on the edge of it.

Q. What distance from General Gillam’s quarters or camp? A. I think about three-quarters of a mile.

Q. Did any Modocs reply to those speeches? A. Captain Jack spoke.

Q. What did he say; can you remember? A. Yes, I can recollect some of what he said. He said that he didn’t want to leave this country here; that he knew no other country than this; that he didn’t want to leave here; and that he had given up Lost river; and he asked for Cottonwood and Willow Creek; that is over near Fairchild’s.

Q. Is Cottonwood Creek the same as Hot Creek? A. They are two different creeks.

Q. What did he mean by giving up Lost river? A. He said there was where the fight had taken place; and that he didn’t want to have anything more to do there. He said he thought that was what the fight took place about,—that country there; he said the whites wanted it.

Q. What fight do you refer to? A. The first fight, where Major Jackson went down to bring them down on the Reservation; that was in November, 1872.

Q. Did Captain Jack demand Willow Creek and Cottonwood Creek? A. Yes, sir.

Q. That is, the land around this place? A. Yes.

Q. To live on? A. Yes, sir; he wanted a reservation there.

Q. Then what was said, or what occurred? A. Mr. Meacham, then he made another speech, and he told Captain Jack: “Jack, let us talk like men, and not like children,” and he sort of hit him on the knee or shoulder,—probably hit him on the shoulder once or twice, or tapped him,—he said, “Let us talk like men, and not talk like children.” He said, “You are a man that has common sense; isn’t there any other place that will do you except Willow Creek and Cottonwood?” And Mr. Meacham was speaking rather loud, and Schonchin told him to hush,—told him in Indian to hush; that he could talk a straight talk; to let him talk. Just as Schonchin said that, Captain Jack rose up and stepped back, sort of in behind Dyer’s horse. I was interpreting for Schonchin, and I was not noticing Jack. He stepped a few steps out to one side, and I seen him put his hand in his bosom like—

Q. (Interrupting). Did you perceive, as soon as you got there, that these men were armed? A. Yes, sir; I did; I could see some of them were.

Q. In what way did you observe that? A. I saw these sticking out of their clothes.

Q. You saw what? A. They were revolvers.

Q. Did Captain Jack at this interview represent this band? A. Yes, sir.

Q. And these other men listened and appeared to concur? A. Yes, sir.

Q. Were they there as representatives of the band? A. Yes, sir; I suppose they were.

Q. You say Captain Jack got up and went to the rear, and you saw him put his hand to his breast? A. Yes, sir.

Q. What then occurred? A. Well, he stepped back and came right up in front of General Canby, and said, in Indian, “All ready, boys,”—and the cap bursted, and before you could crack your finger he fired.

Q. You say this? A. Yes, sir; and after the cap bursted, before you could crack your finger, he fired and struck General Canby under the eye, and the ball came out here (showing). I jumped and ran then, and never stopped to look back any more. I saw General Canby fall over, and I expected he was killed, and I jumped and ran with all my might. I never looked back but once, and when I looked back Mr. Meacham was down, and my woman was down, and there was an Indian standing over Mr. Meacham and another Indian standing over her, and some two or three coming up to Mr. Meacham. Mr. Meacham was sort of lying down this way (showing), and had one of his hands sticking out.

Q. You saw General Canby fall, you say? A. Yes, sir.

Q. Did he continue to lie where he fell? A. He was not when they found him; he was about thirty or forty yards from there. I did not see him get up.

Q. As soon as Captain Jack fired, what then occurred? A. They commenced firing all around. I could not tell who was firing except Schonchin here; I see him firing at Mr. Meacham, but the others were kind of up in behind me, and they were firing, and I did not turn around to look to see who it was. I thought it was warm times there.

Q. Did any other Indians come up? A. Just as the fire commenced I see two Indians coming up packing their guns.

Q. What do you mean by “packing their guns”? A. They were carrying them along in their arms.

Q. How many had each man? A. I could not tell; it looked like they had some two or three apiece.

Q. Can you identify those men? A. No, sir, I cannot. I did not stop to look to see who they were. I saw they were Indians.

Tobey, Riddle’s wife, an Indian, called for the prosecution, being duly sworn, testified as follows:—

Question by the judge-advocate. What is your name; is your name Tobey? Answer. Yes.

Q. Did you think they were going to kill the commissioners that day? A. Yes.

Q. What made you think so? A. There was one of the other Indians told me so.

Q. Who told you? A. William; Whim they call him.

Q. How long before the meeting did Whim tell you this? A. It was about eight or ten days.

Q. What did Whim say to you? A. He said not to come back any more; to tell the peace commissioners not to meet the Indians any more in council; that they were going to kill them.

Q. Did you tell General Canby not to go? A. I did not tell General Canby; I told Meacham and Thomas.

Q. Did Mr. Meacham believe you? A. Yes, sir.

Q. Did he say he believed you? A. Yes.

Q. What was done with the bodies of Dr. Thomas and General Canby? A. They stripped their clothes off of them.

Q. Did you see them do that? A. I seen them strip Dr. Thomas. I saw Steamboat Frank taking Dr. Thomas’s coat. Steamboat Frank was one of the three that came up.

The above questions and answers were duly interpreted to the prisoners by the sworn interpreter, Riddle.

The judge-advocate then asked the prisoners severally if they desired to cross-examine the witness, to which they replied in the negative.

The commission had no question to put to the witness.

L. S. Dyer, a citizen, called for the prosecution, being duly sworn, testified as follows:—

Question by the judge-advocate. State your name. Answer. L. S. Dyer.

Q. What is your business? A. I am a United States Indian agent.

Q. Of the Klamath agency? A. Yes, sir.

Q. Does that include the Modocs? A. Yes, sir.

Q. Do you recognize the prisoners at the bar? A. I do.

Q. Do you recognize them all? A. No, sir.

Q. Who is that one with a handkerchief on his head? A. Captain Jack.

Q. Who is the next one this way? A. John Schonchin.

Q. And this one? A. Boston,—sometimes called Boston Charley.

Question by commission. I understood you to say that Superintendent Meacham got these Modocs back into the Reservation once or twice before. Answer. Once before.

Question by commission. With or without the assistance of the military? Answer. He had a few soldiers. I only know this from the records and reports in the office.

The foregoing questions and answers were all duly interpreted to the prisoners.

The commission thereupon adjourned to meet on Monday next, the 7th instant, at 10 A.M.

The commission met pursuant to adjournment.

Present, all the members named in the order, the judge-advocate, and the prisoners.

The proceedings of the previous session were read and approved.

Shacknasty Jim, a Modoc Indian, a witness for the prosecution, having been first cautioned by the judge-advocate of the punishment of false swearing, was then duly sworn.

Question by judge-advocate. What is your name? Answer. Shacknasty Jim.

Q. Do you remember when General Canby was killed? A. Yes; I know.

Q. Were you present. A. Yes.

Q. Did you know that he and the commissioners were to be killed. A. Yes.

Q. How did you know it? A. They had a talk at night.

Q. When was this talk? How long before? A. The evening before.

Q. Who talked? A. Most of the Indians; the two chiefs were talking.

Q. What two chiefs? A. Captain Jack and Schonchin.

Q. Did you hear them state they meant to kill them? A. I didn’t hear them say they were going to kill them.

Q. What did you hear them say? A. I heard them talking about killing the commissioners: that is all I heard them say. I didn’t hear them say who was going to do it.

Q. How long before the meeting of the peace commissioners when General Canby was killed was this talk? A. I almost forget. I don’t want to lie. I have forgotten how many days it was.

Q. What Indians were at that meeting of April 11, when General Canby was shot? A. Schonchin, Captain Jack, Ellen’s man (dead). I was there, and Black Jim, Boston, Bogus Charley, and Hooker Jim; there were eight.

Steamboat Frank, a Modoc witness for the prosecution, duly sworn, being duly warned against the consequences of perjury.

Question by judge-advocate. What is your name? Answer. I am called Steamboat Frank.

Q. Were you present at the death of General Canby? A. Yes.

Q. How did you get there? A. I was about as far as from here to the end of the stables (about four hundred yards) when the firing commenced.

Q. Whom, if any one, were you with there? A. With Scar-faced Charley.

The judge-advocate now called Bogus Charley as witness for the prosecution, who, being first cautioned of the consequence of perjury, was duly sworn, and testified as follows:—

Question by judge-advocate. What is your name as commonly called? Answer. Bogus Charley.

Q. Were you present at the death of General Canby? A. Yes.

Hooker Jim, a Modoc, a witness for the prosecution, being first cautioned of the consequence and punishment for perjury, was duly sworn.

Question. What is your English name? Answer. Hooker Jim.

Q. Were you present when General Canby was killed? A. I was.

Q. Did you know he and the commissioners were to be killed? A. I did.

Q. Are you now a friend to Captain Jack? A. I have been a friend of Captain Jack, but I don’t know what he got mad at me for.

Q. Have you ever had a quarrel or fight with him? A. I had a quarrel and a little fight with him over to Dry lake, beyond the Lava Beds.

Q. How did you know the commissioners were going to be killed? A. Captain Jack and Schonchin—I heard them talking about it.

Q. Where were they when you heard them? A. At Captain Jack’s house.

Question by commission. What part were you detailed to take in it, if any, in murdering the commissioners? Answer. I ran Dyer and shot at him.

Question by commission. Had you agreed to kill one of the parties before the attack? Answer. I said I would kill one if I could.

Question by judge-advocate. Do you like Captain Jack now, or dislike him? Answer. I don’t like him very well now.

The judge-advocate then asked each one of the prisoners, successively, if they desired to cross-examine this witness, to which they replied in the negative.

William (Whim), Modoc, called for the prosecution, and warned against the penalties of perjury, was then duly sworn.

Question by judge-advocate. What is your name? Answer. Whim, or William.

Q. Were you with the Modoc Indians in the Lava Beds? A. Yes.

Q. Do you remember when General Canby was killed? A. Yes, I know that they went to kill him.

Q. Did you know that he was going to be killed? A. Yes, I knew they were going to kill him.

Q. Did you know they were going to kill the peace commissioners? A. Yes.

Q. Were you at the killing? A. No, I didn’t go.

Q. How did you know they were going to kill them? A. I heard Jack and Schonchin talking about it.

Q. Any one else? A. That is all that I heard say anything about it.

Q. How long was this before the killing? A. I don’t know exactly, but it was eight or ten days.

Q. Did you speak to anybody about it? A. Yes, I told about it.

Q. Whom? A. I told this woman here (Tobey, Riddle’s wife).

Q. What did you tell her? A. I told her to tell the peace commissioners not to come; that I did not want to see them killed.

The judge-advocate then asked each prisoner, successively, if he desired to cross-examine this witness; each answered in the negative. The commission desired to put no questions.

While this man is under examination as a witness, A. B. Meacham enters the court-room. The prisoners fix their eyes on him steadfastly. Until now, they had doubted his recovery from his wounds.

A. B. Meacham, citizen, called for the prosecution, duly sworn, testified as follows:—

Question by judge-advocate. What is your name? Answer. Alfred B. Meacham.

Q. Are you a citizen of the United States? A. I am.

Q. What position did you hold in connection with the late war with the Modocs? A. I was appointed by Secretary Delano as chairman of the peace commissioners, as special commissioner.

Q. Now state what occurred next.

A. During the day the propositions that were made by Boston, that is, on Thursday, were accepted by Dr. Thomas, and an agreement made to meet Captain Jack and five men, unarmed, at eleven o’clock; all parties unarmed at the council tent on Friday. I knew this agreement to have been made by Dr. Thomas on the evening of the 10th, on my return from Boyle’s camp that night.

Q. Did he give it to you officially?

A. Yes, sir. When I started on the visit to Boyle’s camp, I said to Dr. Thomas, if occasion requires my presence in any business, you will act in my capacity as chairman of the commission; and as acting chairman of the commission he made this arrangement, and so notified me.

Q. After that what followed?

A. I protested against the meeting, but subsequently yielded to the opinions of Gen. Canby and Dr. Thomas,—Mr. Dyer and I dissenting.

Question by judge-advocate. Had General Canby a weapon on his person?

A. Not that I am aware of.

Q. Had Dr. Thomas?

A. I know he had not.

All the foregoing testimony was faithfully interpreted to the prisoners.

The commission thereupon adjourned to meet at 9:30 A.M. to-morrow morning.

Q. What command did he hold, if any, at the time of his death? A. Department of the Columbia, and adviser to the peace commission under telegraphic instructions from Washington.

Q. Was he in receipt of instructions from any source as to the course he was to pursue; was he receiving instructions from time to time? A. Yes, sir, from time to time; from commanding General of the Army.

Q. What kind of instructions were they? Did you see them yourself? A. Yes, sir; generally telegraphic instructions.

Q. What was their nature? What did they instruct him to do? A. Instructed him to use his utmost endeavors to bring about a peaceable termination of the trouble.

Q. What relation did he hold with the peace commissioners? A. He was ordered down there to consult and advise with them.

Q. Do you remember General Canby’s initials? A. E. R. S.; his full name was Edward Richard Sprigg Canby.

Henry C. Mceldery, assistant surgeon U. S. A., called for prosecution, sworn, testified as follows:—

Question by judge-advocate. Did you see the body of General Canby after his decease? A. I did, sir; I saw it on the field on the evening of April 11.

Q. Was the general dead? A. Yes, sir; he was quite dead when I saw him.

Q. Please describe his condition. A. He had been entirely stripped of every article of clothing. He had three wounds on his body, and several abrasions of the face. One of the wounds, apparently made by a ball, was about at the inner canthus of the left eye. The edges of that wound were depressed, as if the ball had entered there....

Q. Did you see Dr. Thomas’s body? A. I saw him. There were several gunshot wounds in his body, but I don’t recollect sufficient to swear to the exact locality of each one.

Q. What was your opinion as to the cause of his death? A. I think the gunshot wound over his heart was the cause of his death.

Q. Did he die of wounds received on that day? A. I think the wounds that I saw were sufficient to cause his death; yes, sir.