and such transportation as may be required for the purpose of transporting the military mail, witnesses, and officers traveling on duty between this place and Ashland, Oregon, or in the vicinity of this post. He will see that the Modoc prisoners are securely guarded, and held subject to the orders of the military commission.

HEADQUARTERS DEPARTMENT OF THE COLUMBIA,

Portland, Oreg., August 5, 1873.

2. Special Order No. 70, current series, District of the Lakes, Fort Klamath, authorizing the post quartermaster to issue to the Modoc Indian prisoners, now in confinement at that post, such small quantities of clothing as can be spared from the supply on hand, to prevent unusual suffering among them-damaged clothing to be issued if prac ticable-is confirmed.

By command of Brevet Major-General Jeff. C. Davis:

Official:

H. CLAY WOOD, Assistant Adjutant-General.

H. CLAY WOOD, Assistant Adjutant-General.

PROCEEDINGS OF A MILITARY COMMISSION

CONVENED AT

FORT KLAMATH, OREGON,

FOR THE

TRIAL OF MODOC PRISONERS.

LIEUT. COL. W. L. ELLIOTT, PRESIDENT.
MAJOR H. P. CURTIS, JUDGE-ADVOCATE.

JULY, 1873.

OFFICIAL COPY OF THE TRIAL OF THE MODOC INDIANS.

J. HOLT,

Judge Advocate General.

PROCEEDINGS OF A MILITARY COMMISSION.

Proceedings of a Military Commission convened at Fort Klamath, Oregon, by virtue of the following order :

[Special Field Orders No. 1.]

HEADQUARTERS DEPARTMENT OF THE COLUMBIA,
"In the field" Fort Klamath, Oregon, June 30, 1873.

A Military Commission is hereby appointed to meet at Fort Klamath, Oregon, on Tuesday, July 1, 1873, at 10 o'clock a. m., or as soon thereafter as practicable, for the trial of the Modoc chief known as Captain Jack, and such other Indian captives as may be properly brought before it.

Detail for the commission.-Lieut. Col. Washington L. Elliott, First Cavalry; Capt. John Mendenhall, Fourth Artillery; Capt. Henry C. Hasbrouck, Fourth Artillery; Capt. Robert Pollock, Twenty-first Infantry; Second Lieut. George W. Kingsbury, Twelfth Infantry.

Maj. H. P. Curtis, Judge-Advocate U. S. A., is appointed Judge-Advocate of the commission.

No other officers than those named can be assembled without manifest injury to the service. Should any of the officers named in the detail be unable to attend, the commission will nevertheless proceed to, and continue the business before it, provided the number present be not less than the minimum prescribed by law. The commission will sit without regard to hours.

JEF. C. DAVIS,

Brevet Major-General Commanding.

FORT KLAMATH, OREGON,

July 1, 1873-10 o'clock a. m.

The commission met pursuant to the foregoing order.

Present, Lieut. Col. Washington L. Elliott, First Cavalry; Capt. John Mendenhall, Fourth Artillery; Capt. Henry C. Hasbrouck, Fourth Artillery; Capt. Robert Pollock, Twenty-first Infantry; Second Lieut. George Kingsbury, Twelfth Infantry; Maj. H. P. Curtis, Judge-Advo

cate.

The judge-advocate then stated to the commission that in consequence of the brief period of time he had had since arriving at the post he had been unable to prepare a case; and suggested an adjournment for some days. The commission thereupon decided to adjourn until Saturday next, the 5th instant, at 10 o'clock a. m. Adjourned at 10 a. m.

H. P. CURTIS, Judge Advocate Commission.

SECOND DAY.

FORT KLAMATH, July 5, 1873.

The commission met at 10 a. m., pursuant to adjournment. Present, all of the members of the commission, the judge-advocate, and prisoners.

The proceedings of the last meeting were read and approved.

The judge advocate then read before the commission the order convening the commission, (see page 1 of this record,) which is interpreted to the prisoners.

The commission then proceeded to the trial of the prisoners: Captain Jack, Schonchis, Black Jim, Boston Charley, Barncho, (alias OneEyed Jim,) and Sloluck, Modoc Indian captives, who being called be fore the commission, and having heard the order convening it read, it being interpreted to them, were severally asked if they had any objec tion to any member present named in the order, to which they severally replied in the negative.

The members of the commission were then duly sworn by the judgeadvocate; and the judge-advocate was then duly sworn by the presi dent of the commission; all of which oaths were administered and interpreted in the presence of the prisoners.

The judge-advocate asked the authority of the commission to employ T. F. Riddle and wife as interpreters at $10 a day, which authority was given by the commission.

T. F. Riddle and wife (Toby) were then duly sworn to the faithful performance of their duty in the interpretation of the evidence and proceedings as required, in the presence of the prisoners, which oath was interpreted to the prisoners.

The judge-advocate then presented to the commission E. S. Belden, the official short-hand reporter, who was then duly sworn to the faithful performance of his duty; which oath was duly interpreted to the prisoners.

The prisoners were then severally asked by the judge-advocate if they desired to introduce counsel; to which they severally replied in the negative; and that they had been unable to procure any.

The prisoners were then severally duly arraigned on the following charges and specifications:

Charges and specifications preferred against certain Modoc Indians commonly known and called as Captain Jack, Schonchis, Boston Charley, Black Jim, Barncho, alias One-Eyed Jim, and Sloluck, alias Cok.

CHARGE 1. "Murder, in violation of the laws of war." Specification 1. "In this, that they, Indians called and commonly known as Captain Jack, Schonchis, Boston Charley, Black Jim, Barncho, alias One-Eyed Jim, and Sloluck, alias Cok, 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 said Modoc band, meet, under a flag of truce and suspension of hostilities, Brig. Gen. E. R. S. Canby, U. S. A., commanding the Department of the Columbia, and certain peace commissioners on the part of the said United States, namely, Eleazur Thomas, A. B. Meacham, 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 baud should cease, and did thereupon, in wanton violation of said flag of truce, and treacherously disregarding the obligations imposed by said truce under the laws of war, willfully, feloniously, and of malice aforethought, kill and murder said Brigadier-General Canby.