Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1873-06-08
The AsSaSsinS of Candy and
Thomas to be Disposed of
According to Law.
Captain Jack InteryieWed-His
Excuse is Revenge for the
Wright Massacre.
Untimely Interference of AttOr-
ney-General Williams Jacks
Attempt to Escape.
THE MODOC PRISONERS

RttCuul liduglDE Lle eZpeulIlOn IN I06 Vi
cinity Of the Lavsbed, gives the follow
ing: 81 had an interview with JacE
through the medium of an interpreter.
he said that the shackles made him fee
mean, TO be habited like a horse. Ht
was not afraid to die, and had no idea o.
running away. He gave me TO under
stand he was thirty-six years of age
then voluntarily startedup with a state
ment OF his grievances against his race
at the time of the Ben. Wright affray
He said the white men had murdered
the Indians years ago, and that whai
ne did was only paying old debts
Schonchin is fifty years old, wrinkled
and has the villain depicted in every
line Of his face. He wears his hail
short, and stands five feet nine inches
IN his rnOccasins. Boston Charlie
Is twenty-five years old, and
his f'fce Is eXpreSsionless. Nose
ana : am are very ordinary looking In.
dlans. Captain Jack would attempt tC
escape If he had ckaRce, even at the
rls Of being shot down. Probably ht
never realized death was inevitable un.
al lrOus were placed on his feet. Scar
faced Charley SAYS that Captain Jack
told him that he could get clear while
the white men were asleep; this was be.
fore the irons were brought into use
General Davis is satisfied that Captain
Jack did try to escape last night, and
through the aid Of cOnfederates on the
outside, for upon examination of his
shacBles this morning, one of the rivets
was discovered filed nearly in two.
HIS legs are only confined
NREKA, June AT three O'Clock
IN the afternoon Colonel Mason
arrived here from Fairchild's
rancho with the infantry force
of the expedition aud the seventy Mo-
docs who came during the past few
days. The Indians were escorted hitheI
by Captain Camp and company G of
the Twelfth infantry. Thus we have
one hundred and twenty-eight captives.
The sixth dispatch, dated "BOyle's
camp, June 4th, midnight, y has reached
here. Hooker Jim and Steamboat
Frank made a successful scout yester-
day. By cooperation with the Oregon
volunteers they trailed three warriors
and five squaWs to the Timber noun
tain northeast of here, and assisted in
making the capture. One of the cap
tives, Black jim, is the Modoc who has
bulied the settlers in this region for two
or three years, and committed many
[AAEA LAAAlElC- liz OlCSOuldAc It
gard him with special hatred. Only
five or six ModOc warriors are now miss
ing.
The Warm Spring Indians held a war
dance this evening, which was witness
80 10y a large audience of men and Off
css.
A dispatch dated BoyIe's Camp, June
-5th, SAYS that late yesterday evening a
detail belonging TO the artillery arrived
in camp from Timber mountain, near
the peninsula, with twenty juniper logs,
clean, straight, and evidently not in
tended for use in the erection of tents.
Many marvelled for what purpose the
timbers had been obtained. This morn
ing the secret is out. General Davis in
tends erecting a scaffold for the purpose
OF executing about dozen of the worst
muTderers at sunset tomorrow. He feels
that there is no need of delay, as no
doubt of the guilt Of the chosen victims
can exist. Justice demands speedy
and certain action even at this time.
be is writing out statement of the Of
lenses, that will be read to the con-
demned MOdOcs. A later dispatch says
that General Davis, after having COM
pleted all arrangements for the execu-
tion of the MOdOcs, received an order
from Washington to hold the prisoners.
This stopped the contemplated work,
The feeling in the camp is one of pro-
found disgust at the result. One Oregon
volunteer Just arrived in camp says that
the troops captured five warriors, four
sQu2ws and five children. Among the
men We're the notorious Black Jim and
Dave. Those prisoners were at Link
vile.
ATTORNEY-GENERAL wILLIAMs's oPIN-
ION.
WASHINGTON, June THE follow
ing is the decision of the attorney-gen.
eral relative to the ModOc captures:
DEPARTxENr OF JUsrICE,l
WAsHINGTOS, June :, 1873.
To the President Of the United States:
SIR have the honor to acknOwl-
edge the receipt from you of several pa
pers relative to the MOdOc Indians now
IN custody Of the United States army,
with requests for my opinion as to the
authority to try certain Of the prisoners
by a military tribunal. The main facts
out Of which the question arises are
these: In 1854 the United States made
a treaty with these Indians, by the
terms Of which they were to go to, and
remain on, a reservation in the State Of
Oregon. Late last fall the Indians be-
ing away from their reserva-
tion, military detachment was sent
10 procure their return. Finding
them unwilling to 60 peacefully, the
officer indicated his determination to
use compulsion, in consequence OF
which a conflict ensued between the
United States troops and the Indians.
Soon after several peaceable citizens
and families IN the vicinity were mur-
dered by Indians of this band. They
then entrepched themselves in the lava
beds. in the neighbAhoOd, where fight.
ing ensued and one or more severe bat
ties fought, and in which persons or
both sides were killed and wounded and
the United States troops repulsed. Pend.
ing the hostilities, negotiations were
opened for peace, and on the fifteenth
of April last, General Candy, Rev. Mr.
Thomas and Mr.. Meacham, at point
between the opposing forces, and in pur.
suance of mutual agreement TO that end
met Captain Jack, leader of the Indians
with some Of hls chief warriors, to dis
cuss the terms Of the treaty, and while
so engaged General Candy and Mr.
Thomas were treacherously murdered
and Mr.. Mescham severely wounded by
the Indians on that occasion. Battle:
followed, and Captain Jack and all ol
most all Of his tribe have been captured
and are now in tie hands of the militia
nv authorities. General Sherman, in &
communication to the secretary Of war
dated the third instant, recommend
that such of these Indians as have vic
lated the military law be tried by the
military tribunal. This recommends
ton is approved by the secretary o
wsr. Instructions were prepared il
1868 by Francis DeibeT, Ill. D., revised
by the board Of officers, of which Gen
eral K. A. Hitchcock was president, anc
after their approval by the President o
the United States, were published for Tn
government of armies of the Onltet
States in the field. Section thirteen Q
these instructions is as follows: !" MIlt
taTy Jurisdiction is of two kinds ilrst
that which Is conferred and defined bl
statute; second, that which Is derived
from the common law Of war. Miltar.
offenses under the statute law must D'
tried in a mannerspecified; but military
offeDses which do not come within the
atu,e must be tried and punished an
der the common laws of war. The char.
aeter of the courts which exercise these
Jurisdictions depends upon the loca
laws of each particular country. In the
armies of the United States the first il
exercised by courts martial, while cases
which do not come within the rules and
articles or Jurisdiction conferred by tins
statute on cOurts-martial, are tried by
military commissions. All the authori.
ties which / have been able TO examine
upon this subject harmonize witt
these instructions according to the lawi
of war. There is nothing more sacred