New-York tribune., 1873-06-13
CAPT. JACKS FATE.
HOW HE ESCAPED HANGING.

PATCH.
SAN FRANcIsco, juno 12-Gen. Davis, in conyer-
sation with the special correspondent Of The Bate
tin yesterday, gave the following statement:
When arrived the 1eld found the troops engaged
in war with band of Indian outlaws and marauders,
wards Of the Government who had revolted against s
authority They fighting mercilessly neither CIV
ing expecting quarter then thought the captiyes
taken IN the future should be executed the spot the
and speedest method OF settling the Modoc prob
lem When captured while fighting against the military
forces OF the United States and as separate nation and
tribe was disposed to deal with them accordingly.
Since their capture have ascertaned that the author
ties Of jackson County oregon, have found indictments
against certain members Of the band. have not
deemed proper to hand them TO the civil courts,
because they waginR war against the Gov
eminent at the time the murders, upon which
the indictments were based committed
Also for the that after capture
they prisoners OF the Government and not directly
amenabe to the civil laws During my command here /
have observed that the citizens, when desiring protec
ton for and property or decentralization for loss
invariably appeal to the authority OF the United sates
but that the is over, and the marauders cap
tves both the public and the local authorities want to
take the punishment OF the offenders into their own
hands The threats OF the people and the recent bloody
act In this neghborho0d when four old defenseless cap
tives, route from Farchilds Ranch to this camp,
were murdered by civilians, indicate that trial by civil
a
their minds that the prisoners are guilty.
1t is suggested that military commission be ordered
try the criminals. II the idea is carried out the Off
composing the court should be OF high rank and
men who have immediate connection with the Modoc
trouble Such a commission would probably try each
separately. 1t will require about six months TO
perform the work, TO say nothing OF the expense in
volved in such proceedings the Government Besides,
everybody, civil as well military, knows that the
Indians are guilty OF murder in the first degree, and
ought TO be hanged Thought 10 avoid the unnecessary
expense OF the farce OF trial by doing
the work myself Owing TO the dilatory manner in
which the Modocs treated by those in charge at
the beginning Of these difficulties, the Indians obtained
fearful advantage They slaughtered so many
people that the country astonished, shocked.
and now fear that they will get the advantage In the
closing This eame fear was disturbing the
minds Of the citizens OF tho frontier Justice has al
ready been very tardy, and approaching from 80
many different directions and IN such questionable
shape and garb, doubt her in meeting the re
quiremens OF the The Indians do not recognize
the Jurisdiction Of cyi military courts because they
are capabe Of understanding their workings. These
ModOcs cannot comprehend what ia meant by court.
They have been inerrogaed that subject and they
would regard court trial. with It's echniealites, testi
mony, &C., kind Of uggery, and II convicted and
sentenced to death, could not be made to understand
that justice figured the business at ALL They believe
they have committed deeds that merit death-in fact
are real murderers, and have daily expected to DO
hanged. They believe tho military have
the power aud right TO innlct punish
ment The murders and arrests occurred
I'm Oregon and California, and the case is badly
mixed. Ny proposed course would have settled the
question by a single stroke The Gordan knot TO
be cut. The Indians are cooped up in tents-men,
women and children, guilty and innocent ake-fearng
massacre all the time. They must remain IN this con-
dton Of suspense for months had procured lumber,
chains rope. and tackle, and all the paraphernalla
OF execution had selected Friday last doomsday
Thursday drew up this declaration Of charges
aud read 1t to Jack later Ia the day:
HEADQUARTERS, DEPT OF CoLUNBIA. IN THE FIELD,
TULE LAKE, Cal, June. 1873
JAcK. 9ince white men first began TO travel through
or settle in the country occupied by the Modocs peo
pie Of which you claim TO be one OF the Chiefs the Mo
docs have been known as pand OF mereess robbers
and murderers. The history Of your tribe s filled with
accounts the murders Of the white race Even among
your Indian neighbors you are known a dOmneeTiug
and tyranncal tribe Old settlers in the country report
many 800 murders committed by your people with
IN the limits Of the present generation ong tne shores
OF this beautiful little lake. In view OF when
we now stand, are the graves OF over sixty
your Immediate ancestors in brutal acts They were
peaceful migrants, women, and children, passing
quietly through the country on the p9Dlc hlgn"hy.
these many crimes no adequate pushment mas ever
been visited UPON the guilty, even az tribe or lndVd
uay Upon the contrary, the Government has tacltly
overlooked them few years ago. regardless Oi these
acts Of reachery IL gave you reservation OF land for
home wherp il you chose, you could remain aud enjoy
the annual bounties Of the Government unnoested;
mart Of YOUR tribe has remained. But you aud your
band seem have preferred the war-path. You left
the reservation, you spurned the klndness OF the
| Government, and even resisted the soldiers
in the execution OF their duty while
hastened fight. Emulstng the bloody deeds OF your
fathers, again strewed the shores " hae Lake win
The slain victims OF your bloody band All those victims
were peaceful and unsusPeeting citizens, and were
slaughtered while at their daily ayocaOhs You then
fled TO your stronghold the lava beds prepared for war,
and dehed the power OF the Government. still the
President at Washington ordered The soldiers to desst
ItIo Doaea uizEO "A
you and II possible avoid sieddlng more DO9d. Iher
temps at eonciliaton their part, you deooyed the
| commissioners INTO your hands Armed or unarmed'
these acts placed you and band outside OF the
rules of civilized warfare ia other words, you
have made yourselves outlaws And as such since my
arrival here as Of Gen Candy (whOm you
| murdered with your own hgDds) have made unre-
hitting war upon your race and upon you until at last
srnment and tho loss of many valuable lives Now that
have recounted your history aud that OF your tribe
tbe recent yourself and band, Will close this
interview by informing you that have ths day directed
that you and your conederates members OF your band
he executed AZ tomorrow In the presence OF the
troops your people, and the assembled citizens OF the
| country.
while was preparing the list OF those intended to
execute courier arrived with the instructions from
washin gton Hold the prisoners until further orders"
After the execution intended organizing force for the
| purpose OF starting for Columbia and probably for
IapwaI seeing ana talking with rs many chiefs as
possible while route. knew that the prompt execu'
ton OF Modoc outlaws would facilitate peace talks
among the Indians of Oregon and Washington Territory
a. well as California aud have tendency to quiet the
indians all through the country The Indians all know
that we have captured the Modocs, aud they win quickly
learn the news If the death penalty Is inflicted The
ehastsement would result in a mutual benefit to both
indians and whites. With the prestige the troops have
| gained We could do great good by such campaign
Adyices from Gen. Davis's camp represent that
only three or four Modocs remain at large. The
Pitt River Indians delivered eleven Modoc refugees
| to Gen Davis on Saturday last