Evening star. [volume] (Washington, D.C.) 1854-1972, 1873-08-23
CAPT. JACKS FATE,
HI AND FIVE OF HIS COMRADES
TO BE HANGED.
The Proceedings and Findings of the
Military COmuissiOn.
The President Approves of the Sen.
fences.
The following order has just been received
from the War department:

| l. Before a Military Commission which con-
| vened at Fort Klamath, Oregon, July 1, 1873
pursuant TO Special Field Orders No. |, dated
| June 30, 1873, Headquarters Department of the
| Columbia, in the Field, Fort Klamath, Oregon
| and of which Lieut. Colonel W. l.. Elliott, LIST
Cavalry, is President, were arraigned and
1 tried
| Captain Jack, Schonchis, Black Jim, Boston
| Charley, Barncho alias 0ne-Eyed jim, and
| SlOluck alias Cox, Modoc Indian captives.
| ChGiye Murder, in violation of the laws of
| war.
| Specification 1st-"In this: that they. Indians
Schonchis, Boston Charley, Black jim,
| Barncho, alias One Eyed Jim, and Sloluck
| alias Cox, members of a certain band OF
| Indians known as the Modocs, which band,
| including the prisoners above named, was at
| the time and place hereinafter alleged, en-
| gagged in open and fragrant war with the United
| States, under the chief command of said Cap
| tain Jack, did, as representative of said Modoc
| band meet, under a flag of truce and suspen-
| sion of hostilties, Brigadier General f X. 8.
| of the Columbia, and certain Peace Commits
soners on the part of the said United States
| namely, Eleazur Thomas, A. b. Meacham
ana l.. 3. Dyer, citizens of the United States
all represe nting the Government of the
United States, for the agreed and professed
purpose OF discussing and arranging terms upon
which hostilities existing between the United
States and said band should cease; and did
thereupon, in wanton violation of said flag of
truce, and treacherOusly disregarding the obi
cations imposed by said truce under the laws of
war, wilfully, felOniously, and of malice atore-
thought, kill and m drder said Brgader General
Canbv. All this at or near the Lava Beds, So
called, situated near Tule Lake, in the State of
1873"
Specification 2d-"In this: that they, Indians
called and commonly known as Captain Jack,
SchOnchis, Boston Charley, Black jim, Barn
cho, alias One Eyed jim, and Sloluck, alias
Cox, members of a certain band of Indians
known as the Modocs. which band including
the prisoners above named, was, at the time
and place hereinafter alleged, engaged in open
and flagrant war with the United States, under
the chief command of said Captain Jack, did,
as representatives of the said ModOc band.
meet, under flag of truce and suspension of
hostilities, Brigadier General E. r. S. Can
by, United states Army, commanding
military Department of the Colum2
bia, and certain Peace Commissioners on
the part of the United States namely. Eleazur
Thomas, A. Il. Mescham, and l.. S. Dyer,
citizens of the United States, all representing
the government of the United States. for the
agreed and professed purpose of discussing and
arranging terms upon which hostilities existing
between the United States and said band should
cease; and did thereupon, in wantOn violation
of the sacred character of said flag of truce,
and treacherously disregarding the obligations
imposed by such trace under the laws of war,
willfuly, feloniously, and of their malice afore-
thought, kill and murder said Eleazur Thomas,
one OF the peace commissioners aforesaid. All
this at or near the lava beds, called, situated
near Tule lake, in the state OF California, on or
about the 18th day of April, 1873"
Charge p" Assault with intent to kill, in
violation OF the laws Of war"
Specification list" In this that they. Indians
called and commonly known as Captain Jack,
Schonchis, Boston Charley, Black Jim. Barn
eho, alias One Eyed Jim, and Sloluck, alias
Cox, members of a certain band OF Irdans
known as the Modocs, which band, incl uding
the prisoners above named, was, at the time
and place hereinafter alleged, engaged in open
and fragrant war with the United States,
under the chief command of said Cap
tain Jack, did, as representatives OF
said Modoc band, meet. under a flag Of truce
and suspension of hostilities, Brigadier General
e. r. $. Candy. U; s. Army, commanding the
Department of the Columbia, and .ertain
Peace Commissioners on the part of the United
States, namely Eleazur Thomas, A. Il.
Meachum, and l.. s. Dyer, citizens, all repre-
senting the Government of the United States
for the agreed and professed purpose of dis
tilities existing betTees the United states and
said band should cease; and did thereupOn, in
wanton violation of the sacred character OF said
flag of truce, and treacherously disregardng
the obligations imposed by such truce under the
laws of war, feloniously make an assault with
deadly weapons upon the said A. b. Meacham,
Commissioner as aforesaid, with an intent him,
the said Meacham, then and there, feloniously,
willfully, and of malice aforeth0ught, to kill
and murder, and did infiict upon the body OF
the said Meacham divers severe and dangerous
wounds. All this at or near the Lava Beds, So
called, situated neaa Tule Lake, in the Stso e
1873"
Specification 2d.-"In this: that thew, Indians
called and commonly known Captain Jack,
Sehonchis. Boston Charley, Black Jim, Barn
cho, alias One Eyed Jim, and Sloluck, alias
Cox, members of certain band of Indians
known as the Modocs, which band, including
the prisoners above named, was, at the time
and place hereinafter alleged, engaged in open
and fragrant war with the United States, unier
the chief command of Captain Jack, did, as
representatives of said Modoc band, meet, I'M
der flag of truce and suspension of hostilties,
and certain Peace Commissioners on the part
OF the United States, namely, Eleszur Thomas,
A b. Meacham, and L. s. Dyer, citizens, all
States, for the agreed and professed purpose Of
discussing and arranging terms upon which
hostilites existing between the United States
and said band should cease; and did then and
there, in wanton violation of said flag of truce,
ann treacherously disreg arding the obligations
imposed by such truce under the laws of war,
feloniously make an assault with deadly weap-
ons upon the said Dyer, commissioner as afore-
said, with an intent him. said Dyer, then and
there telOniously, willfuly, and Of their malice
aforethought to kill and murder, all this at or
near the lava beds, so called, situated near
Tule lake, in the state of California on or about
the 18th day of April. 1873.
To which charges and specifications the ae-
eused, Captain Jack. Schonchis, Black Jim,
Boston Charley. Barncho. alias One Eyed jim,
and Sloluck, alias COX, Modoc Indian csptives,
pleaded "Not guilty"
The Commission, having maturely considered
the evidence adduced, finds the accused, Cap
tain Jack. Schonchis, Black Jim, Boston Char
alias Cox, Modoc Tncian capives, rs follows:
Charge i.-Of the LIST specification, "guilty."
Cf the specification, guilty"
VI the charge, guilty"
Charge II.-of the list specification, "guilty."
or the ID specification, equity"
Or the charge, "guilty."
SENTENCE.
And the commission does therefore sentence
them, Captain Jack, Schonchis, Black Jim,
Boston Charley, Barncho. alias One Eyed Jim,
and Sloluck, alias COX, Modoc Indian captives,
+" to be hanged by the neck until they be dead,
az such time and place as the proper authority
shall direct-two-thirds of the members Of the
commission concurring therein"
"a. The proceedings, findings and sentences
OF the military commission in the cases of Cap
tain JACK. Schonchis, Black Jim, Boston Char
icy, barncho, alias One Eyed Jim, and Sloluck,
Alias Cox, Modoc Indian captives, were APP
proved by the commanding officer OF the de-
plrtment Of the Columbia and for warded to the
Secretary Of War for the action Of the President
OF the United States
The following are the orders Of the President
and OF the Secretary of War:
EXECUTIVE OFFICE, August %, 1873.
The foregoing sentences in the cases Of Cap
tain Jack, Schonchis, Black Jim, Boston Char
ley, Barncho. alias One Eyed Jim, and Sloluck,
alias Cox, Modoc Indian prisoners, are hereby
approved. and IL Is ordered tn at the sentences