New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-08-25

Candy; all this at near the Lava Beds, so called
situated near Tsle Like IN the state OF California on OF
Specification Seconds In this that they Indians called
ana commonly known as Capt. jack Sehonchn, Boston
Charley, Black jim, Barncho alias One-eyed yim and
souck alias Cox, members of certain band OF Indians
known Modocs, which band, including the prisoners
above named, was at the time aud place hereinafter
alleged engaged In open and fragrant war with the
United States, under the chief command OF said Capt
Jack, did. representatives OF the said Modoc baud,
meet under flag Of truce and suspension Of hostties
manding the Military Division OF the Department Of
Columbia and certain Peace Commissioners on the part
OF the United States. namely, Eeazer Thomas, A. b.
Meaoham and L. s. Dyer citizens az the United States
all representing the Government Of the United States
for the agreed and protested purpose discussing and
arranging terms upon which the hostilites existing
between the United Stres and said band should
aud did thereupon in wanton violation OF the sacred
said flag Of truce and treacherousy dsre
garding the obligations imposed by such truce under the
laws Of war, wlfully. feloniously and of their own
malice aforethought. kill and murder said Eieazer
Thomas, one Of the Peace Commissioners aforesad all
this at the Lava Beds so-caed situated near
Tule Lake in the State Of California about the llh
Charge Assault with intent to kill IN violation of
the laws of
Specification First: In this that they Indians called
ana commonly known as Capt Jack, SchOchin, Boston
Charley Black Jim, BarnchO alias One-eyed jim, and
siOluck alias Cox. memoers OF certain band OF IN
dlAn5 known as Modocs which band, including the
prisoners above named, was, at the time and place
hereinafter alleged, engaged in open and iaarant war
with the United States under the chief command OF the
said Capt Jack, did, representatives OF the said Mo-
doc band, meet under flag of truce and suspension Of
hOstites, Brig-Gen. i. r. 8. Candy, United States
Army, commanding the Department OF Columbia, and
certain Peace Commissioners, the part Of the United
states, namely Eleazer Thomas, A. b. Meachaf, ana
L. Dyer citizens, al representing the Government OF
tae United States for the agreed and professed pur
pose of discussing aud arranging terms upon whcn te
h0sties existing between tine United States and said
band should cease and did thereupOn In wanton VIOLA
ton OF the sacred character OF said Nag or truce ana
reacherously dsregarding the obligations Imposed by
under the laws Of war; felonOusly make an
assault with deadly weapons upon the said A H. Mea
cham, Commissioner, aforesaid, with intent him,
the said Meacham then and there feloniously VIII
fully, and OF malice aforethought, TO kill aud murder
ana did infict upon the body OF the said Meacham
divers severe and dangerous wounds All TINS at OF
the Lava Beds, called, situated near Tile Lake
in the state of California on or about the llth day ol
April, 1873. -,
called and commonly known as Capt JACK,
Schonchin Boston Charley Black Jim, Barn aSdt
members OF certain band of ludans known
as Modocs which baud, including the prisoners above
named was, az the tune and place hereinafter aieSeu'
engaged in and fragrant war with the
under the chief command OF said Capt Jach du a rep
resentaiives OF SAID ModOc banu, meet unuer iS q
and suspension Of hostitles, BrigGen f. H. D.
Candy, United States Army ana certain feace Don,s
EeaZcr Thomas, A. b. Meacbam, ana L. 81 Dyer, cltl-
zens all representing the Government or the United
States for the agreed and proeSsed purpose OF discuss
ing ana arranging terms upon which nosihes existing
between the United states and said band should cease
and did then and there IN Wanton VIOLATION O sau nag
OF truce, and treacherOusly dsregdrdng the obligations
imposed by such truce under the laws OF war; elonOus
make an assault with deadly weapons upon tne salo
Dyer Commissioner, aforesaid, with an intent MN,
said DYER then and there, feOnousy, wifuly and OF
their malice aforethOugn to kill and murder, all this at
near the Lava Beds, so called situated near Ile
To when charges and specifications the accused, Capt.
Jack, Schonehin Black Jun, Boston Charley, BarneoO
alias OBe-eyed jim, ana SlOuck alias Cok MOdoc IN
dams captves, pleaded Not guilty"
Finding-The Commission, having maturely considered
the evidence adduced finds the accused, Capt Jack
ScnOuchn, BLACK jim, Boston Charley, Barncho alas
One-eyed Jim, and Sloiuck alias COX, MOdOc lnulan
Charge Frst-Of the first specification, guilty of the
second specification, guilty; of the charge. guilty.
Seutence-Inc Commission does therefore, sentence
Them Capt Jack, Schonchn Black jim, Boston Charley
BarnchO. alas OnC-eyed jim, ana oOluck dlhs COk,
MOdOc Indian capuves 10 Ue hanged by the meek untl
they he dead at such time and place as the proper au
JGritY shall direct, twCthrds Of the members OF the
Commission cOncurring therein.
SccOndThe proceedings. findings and sentences or the
Military Commission in the cases Of Capt JACK, Schon-
eyed JIM and SiOucS alias Cox MOdoc Indian captiyes,
were approved by the commanding oiieer OF the De
War for action OF President OF the United States
Tho following are orders of the President and of
the Secretary of War:
EXECUTIVE OFFICE, Aug. %, 1873.
The foregoing sentences i'll tie OF Capt. Jack.
Schonclln Black jim, Boston Charley, BarncnO alias
prisoners hereby approved and II Is ordered that
the sentences in said cases be carried into execution y
the proper military authority, under the orders OF tue
Secretary Of War; on the third day OF October 1873
U. 5. GRANT, President.
WAR DEPARTMENT, Aug. %. 1873.
The foregoing record OF proceedinSs IN tue trIa ny
Military Commission OF Capt. Jack, SchODchin, Black
Jm Boston Charley. Barncho alas One-Eyed Jim, and
Suuck ahas COX, MUdOc Indian prisoners, having oeCn
Transmitted the President ana laid before him Tor his
orders thereon and the President having, in tue fore
gong orders approved Of the sentences and directed
mat they be executed under orders OF the Secretary
of War the sentences will he duy executed under the
direction of the General Commanding the Department.
of the Columbia, at Fort Klamath Oregon, on Friday,
Oct 3. 1873 VIM. W. BELKNAP, Secretary OF War.
BY order Of the Secretary OF War.
L. ID. TOWNSEND, Adjutant-Gene