Part 58 (1/2)

_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.

TESTIMONY FOR DEFENCE.

Scar-face Charley is sworn, and testifies at length; the main feature of which is that they have been encouraged by the Klamath Indians to resist the Government.

[Ill.u.s.tration: SCAR-FACE CHARLEY.]

Dave--a Modoc--is next called. His testimony is of similar character, endeavoring to involve other Indians with the Modocs....

One-eyed Mose is sworn for defence; nothing new is elicited from this witness. Captain Jack states that he had no further testimony to offer.

He is informed by the court that he is at liberty to make a statement. He rises with some hesitation; first casting his eyes at his chains, he mutters in his native tongue, that he ”cannot talk very well with the irons on his legs;” he proceeds to scan the court and spectators deliberately. The sight of uniforms and bayonets does not inspire the chieftain. It is evident that he feels the hopelessness of his cause; that he is no longer the brave, strong man that he was when free and untrammelled. There were elements in this man's character, before his subjugation, that qualified him to make a strong effort. He is now unmanned, and the chief who has made so great a name as a warrior is now a mere pettifogger. Few pa.s.sages in his speech are worthy of a place in history. The whole burden of it is to s.h.i.+ft the responsibility from his own shoulders. He does not refer to his troubles on Klamath Reservation; censures his own people; censures Major Jackson for the manner of the first attack, exonerates Roseborough and Steele of ever giving him bad advice; a.s.serts positively that he was always in favor of peace; that the Hot Creek squaws reported that the Peace Commissioners intended burning him and his men; that he had reason to believe that they intended to kill him. Hooker Jim was the leader of the war-party; a.s.serts that he was constantly ridiculed by Hooker and others; called a ”squaw” and a coward; that the scouts, Hooker, Bogus, Steamboat Frank and Shacknasty, were all in favor of killing the commissioners; Hooker especially ”wanted to kill Meacham;” finally, that the majority of the tribe have overruled him and driven him against his judgment into crime. Take his speech all in all, it was not up to the record he made as a fighting man. He concludes by saying he did not know how to talk in such a place with irons on his feet.

Schonchin makes a short speech, blaming others for his misfortunes, especially the Klamath Indians. Major Curtis reviews only so much of the testimony and speeches as refer to Maj. Jackson, clearing his name from unfair imputation.

The court again adjourns, a few minutes after which Col. Lewis, a lawyer of Colusi, Cal., arrives, and is much chagrined to find ”the trial over,”

as he intended to offer his services as counsel for the prisoners. Too late. The trial is closed. It would not have changed the result, although it might have changed the record of testimony. So ends the trial of the murderers of Canby and Thomas. The findings of the court cannot be doubted, although they are not made known. This trial has been conducted with fairness on the part of the Government; but it was, after all, a one-sided tribunal, from the fact that the prisoners had no counsel. Those who const.i.tuted the court were all men of character; exhibited no partiality or injustice toward the unfortunate red men, whose lives were in their hands. While no censure rests on the court, it is, nevertheless, a cause of complaint that Hooker Jim, Bogus Charley, Steamboat Frank, and Shacknasty Jim, who were the worst men of the Modoc tribe, should be allowed to go free from arrest and trial. Gen. Davis had made no promises.

He expected they would be tried and convicted, and sentenced to imprisonment for life. The argument that was used by Judge Advocate Curtis, that they had been of invaluable service as scouts, and had done so much to bring the Modoc war to an end, is not based on sound principles of right; but for these very men Canby and Thomas would not have died; peace would have been made, and more than one hundred lives would have been saved. That it was policy to pardon these men as an encouragement to other Indians to betray their people is not good logic, when it is understood that they were the real instigators of the treacherous deeds of the Modocs. If the Modocs were a nation at war with the Government, all were alike ent.i.tled to be treated as prisoners of war. If they were simply part and parcel of the people of the United States, then they were not enemies, and no action of a military judge-advocate could absolve them from the crime of murder, committed on the citizens of Oregon in Nov., 1872.

As the matter was settled, no one had a voice in regard to putting them on trial except the judge-advocate, and he exercised only a presumptive prerogative.

The finding of the court has been approved. Captain Jack, Schonchin, Black Jim, Boston Charley, Barncho and Slolux, are sentenced to death. The third of October has been designated as the day for the execution.

Gov. Grover, of Oregon, has demanded the attention of the Government to the subject of the indictments. If any action has ever been taken it has not been made public.

CHAPTER x.x.xVII.

THE EXECUTION--THE ROYAL CHIEF OUT OF CHAINS.

The Modocs, men, women, and children, who were not placed on trial, were confined in a stockade near the fort, except the traitor scouts, who enjoyed the liberty of the camp, and were the heroes of the day.

At various times between the trial and the execution, the prisoners were permitted to visit the stockade. Their families were also allowed to visit them occasionally in the ”guard-house.”

On leaving Fort Klamath, after the trial and before the execution, I visited the prisoners, and shook hands with them, in token of forgiveness as far as I was concerned.

I was satisfied that justice would be meted out to those who had been placed on trial. Captain Jack seemed to correctly antic.i.p.ate the result, and questioned me as to his fate, expressing a great dread of being hanged.

He said that but one side of the story had been told; that he had no friends to talk for him. I a.s.sured him that he had been fairly dealt with; that the officers who had tried him were all good men and had not done and would not do him injustice, and that I would write out a fair statement of all the facts for everybody to read.

He clung to my hand to the last moment. I left him with feelings of commiseration for him, and with a firm resolution to keep my promise, to tell his story for him.

It is now October 2d, 1873. A long scaffold is erected; a more finished machine than the one on the peninsula. Ghastly and gloomy, it stands out on the open plat of meadow, with six ropes hanging from the beams.