_Q._ Please describe his condition. _A._ He had been entirely stripped of every article of clothing. He had three wounds on his body, and several abrasions of the face. One of the wounds, apparently made by a ball, was about at the inner canthus of the left eye. The edges of that wound were depressed, as if the ball had entered there....
_Q._ Did you see Dr. Thomas"s body? _A._ I saw him. There were several gunshot wounds in his body, but I don"t recollect sufficient to swear to the exact locality of each one.
_Q._ What was your opinion as to the cause of his death? _A._ I think the gunshot wound over his heart was the cause of his death.
_Q._ Did he die of wounds received on that day? _A._ I think the wounds that I saw were sufficient to cause his death; yes, sir.
TESTIMONY FOR DEFENCE.
Scar-face Charley is sworn, and testifies at length; the main feature of which is that they have been encouraged by the Klamath Indians to resist the Government.
[Ill.u.s.tration: SCAR-FACE CHARLEY.]
Dave--a Modoc--is next called. His testimony is of similar character, endeavoring to involve other Indians with the Modocs....
One-eyed Mose is sworn for defence; nothing new is elicited from this witness. Captain Jack states that he had no further testimony to offer.
He is informed by the court that he is at liberty to make a statement. He rises with some hesitation; first casting his eyes at his chains, he mutters in his native tongue, that he "cannot talk very well with the irons on his legs;" he proceeds to scan the court and spectators deliberately. The sight of uniforms and bayonets does not inspire the chieftain. It is evident that he feels the hopelessness of his cause; that he is no longer the brave, strong man that he was when free and untrammelled. There were elements in this man"s character, before his subjugation, that qualified him to make a strong effort. He is now unmanned, and the chief who has made so great a name as a warrior is now a mere pettifogger. Few pa.s.sages in his speech are worthy of a place in history. The whole burden of it is to shift the responsibility from his own shoulders. He does not refer to his troubles on Klamath Reservation; censures his own people; censures Major Jackson for the manner of the first attack, exonerates Roseborough and Steele of ever giving him bad advice; a.s.serts positively that he was always in favor of peace; that the Hot Creek squaws reported that the Peace Commissioners intended burning him and his men; that he had reason to believe that they intended to kill him. Hooker Jim was the leader of the war-party; a.s.serts that he was constantly ridiculed by Hooker and others; called a "squaw" and a coward; that the scouts, Hooker, Bogus, Steamboat Frank and Shacknasty, were all in favor of killing the commissioners; Hooker especially "wanted to kill Meacham;" finally, that the majority of the tribe have overruled him and driven him against his judgment into crime. Take his speech all in all, it was not up to the record he made as a fighting man. He concludes by saying he did not know how to talk in such a place with irons on his feet.
Schonchin makes a short speech, blaming others for his misfortunes, especially the Klamath Indians. Major Curtis reviews only so much of the testimony and speeches as refer to Maj. Jackson, clearing his name from unfair imputation.
The court again adjourns, a few minutes after which Col. Lewis, a lawyer of Colusi, Cal., arrives, and is much chagrined to find "the trial over,"
as he intended to offer his services as counsel for the prisoners. Too late. The trial is closed. It would not have changed the result, although it might have changed the record of testimony. So ends the trial of the murderers of Canby and Thomas. The findings of the court cannot be doubted, although they are not made known. This trial has been conducted with fairness on the part of the Government; but it was, after all, a one-sided tribunal, from the fact that the prisoners had no counsel. Those who const.i.tuted the court were all men of character; exhibited no partiality or injustice toward the unfortunate red men, whose lives were in their hands. While no censure rests on the court, it is, nevertheless, a cause of complaint that Hooker Jim, Bogus Charley, Steamboat Frank, and Shacknasty Jim, who were the worst men of the Modoc tribe, should be allowed to go free from arrest and trial. Gen. Davis had made no promises.
He expected they would be tried and convicted, and sentenced to imprisonment for life. The argument that was used by Judge Advocate Curtis, that they had been of invaluable service as scouts, and had done so much to bring the Modoc war to an end, is not based on sound principles of right; but for these very men Canby and Thomas would not have died; peace would have been made, and more than one hundred lives would have been saved. That it was policy to pardon these men as an encouragement to other Indians to betray their people is not good logic, when it is understood that they were the real instigators of the treacherous deeds of the Modocs. If the Modocs were a nation at war with the Government, all were alike ent.i.tled to be treated as prisoners of war. If they were simply part and parcel of the people of the United States, then they were not enemies, and no action of a military judge-advocate could absolve them from the crime of murder, committed on the citizens of Oregon in Nov., 1872.
As the matter was settled, no one had a voice in regard to putting them on trial except the judge-advocate, and he exercised only a presumptive prerogative.
The finding of the court has been approved. Captain Jack, Schonchin, Black Jim, Boston Charley, Barncho and Slolux, are sentenced to death. The third of October has been designated as the day for the execution.
Gov. Grover, of Oregon, has demanded the attention of the Government to the subject of the indictments. If any action has ever been taken it has not been made public.
CHAPTER x.x.xVII.
THE EXECUTION--THE ROYAL CHIEF OUT OF CHAINS.
The Modocs, men, women, and children, who were not placed on trial, were confined in a stockade near the fort, except the traitor scouts, who enjoyed the liberty of the camp, and were the heroes of the day.
At various times between the trial and the execution, the prisoners were permitted to visit the stockade. Their families were also allowed to visit them occasionally in the "guard-house."
On leaving Fort Klamath, after the trial and before the execution, I visited the prisoners, and shook hands with them, in token of forgiveness as far as I was concerned.
I was satisfied that justice would be meted out to those who had been placed on trial. Captain Jack seemed to correctly antic.i.p.ate the result, and questioned me as to his fate, expressing a great dread of being hanged.
He said that but one side of the story had been told; that he had no friends to talk for him. I a.s.sured him that he had been fairly dealt with; that the officers who had tried him were all good men and had not done and would not do him injustice, and that I would write out a fair statement of all the facts for everybody to read.
He clung to my hand to the last moment. I left him with feelings of commiseration for him, and with a firm resolution to keep my promise, to tell his story for him.
It is now October 2d, 1873. A long scaffold is erected; a more finished machine than the one on the peninsula. Ghastly and gloomy, it stands out on the open plat of meadow, with six ropes hanging from the beams.
The traitor scouts seem to take great interest in this instrument of death, which they have unjustly escaped.
Whether conscience troubles these worthies is a matter of some doubt; but that they were exempt from execution was a very satisfactory arrangement to them,--though to no one else, except their own families.
On the day before the execution, Gen. Wheaton, accompanied by a Catholic priest (Father Huegemborg), Post Chaplain, with Oliver Applegate and Dave Hill, a Klamath Indian, as interpreter, visited the prison for the purpose of informing the doomed men of the sentence.
The venerable father opened the painful interview by shaking hands with the convicts. He told them that Christ died for all men; that if they accepted him they would be saved. The prisoners listened attentively to every word. This was especially the case with Captain Jack, and Schonchin.
Gen. Wheaton then requested the chaplain to inform them of the decision of the President. He did so in a few feeling words. While it was being interpreted to them not a muscle moved; no sound was heard save the voice of the speakers.
The scene was a very impressive one. After a few moments of awful silence, the lips of the fallen chief began to move. His voice was soft, low, and scarcely audible:--
"I have heard the sentence, and I know what it means. When I look in my heart I see no crime. I was in favor of peace: the young men were not ready for peace,--they carried me with them. I feel that while these four men--Bogus, Shacknasty, Hooker, and Steamboat--are free, they have triumphed over me and over the Government. When I surrendered I expected to be pardoned, and to live with my people on Klamath land."
When asked by Gen. Wheaton, which member of the tribe he wished to take charge of the people, he evinced some emotion. After a short pause, he replied, "I can think of no one; I cannot trust even Scar-faced Charley."
He asked if there was no hope of pardon. When a.s.sured that the sentence would be executed, he again asked if both sides of the case had been laid before the President.
On being told that the President had been informed of all that had been done, and that he need not entertain any hope of life, but to pay attention to what the chaplain said, he replied, "I know that what he says is good, and I shall follow his advice. I should like to live until I die a natural death."
Slolux, one of the young Modocs who carried the rifles to the council tent on the morning of the a.s.sa.s.sination, was next to speak. He denied any part in the terrible crime, as did Barncho.
Black Jim, half-brother to Captain Jack, spoke next. He was anxious to live that he might take care of the tribe; saying, "I don"t know what Captain Jack and Schonchin think of it." Jack shook his head. Jim continued, "If the white chief"s law says I am guilty of crime, let me die. I am not afraid to die. I am afraid of nothing. I should like to hear the spirit man"s talk."
Captain Jack again asked that the execution be delayed until his speech could be laid before the President, as perhaps he did not know who it was that instigated the murder of Canby and Thomas. This request also was denied. Boston Charley was the speaker; he created a sensation:--
A GUILTY INDIAN.
You all know me; during the war it seemed to me that I had two hearts--one Indian and the other white. I am only a boy, and yet you all know what I have done. Although a boy I feel like a man, and when I look on each side of me I think of these other men as women. I do not fear death. I think I am the only man in the room. I fought in the front rank with Shacknasty, Steamboat, Bogus and Hooker. I am altogether a man, and not half a woman. I _killed_ Dr. Thomas, a.s.sisted by Steamboat and Bogus. Bogus said to me, "Do you believe that these commissioners mean to try to make a peace?" I said, "I believe so." He said, "I don"t; they want to lead us into some trap." I said, "All right--I go with you." I would like to see all my people and bid them good-by to-day. I would like to go to the stockade to see them. I see that if I were to criminate others it would not amount to anything. I see it is too late. I know that other chief men were not at the bottom of that affair, and they did not take so prominent a part in the ma.s.sacre as the younger men. I know but little, but when I see anything with my eyes, I know it.
[Ill.u.s.tration: BOSTON CHARLEY.]
BOSTON"S REASONS FOR THE Ma.s.sACRE.
Boston was then asked why they killed Canby. He said that all the presents they had received had no influence on them, and they suspected Canby and the commissioners of treachery, and their hearts were wild. After the young men had decided to kill the commissioners, he told Bogus he was afraid. Bogus said, "Don"t be afraid; I can kill him." After that Captain Jack said he would go and prevent it. The object of Bogus going in that night to camp was to remove any suspicion from General Canby"s mind. The young warriors thought that Canby, Thomas, Meacham, and Gillam were powerful men, and that the death of these tyees would end all further trouble. When they saw Dyer coming in place of Gillam, they decided to kill them all. When Bogus came into the soldiers" camp he told Riddle"s squaw that he was going to kill Canby and the commissioners. She said, "All right; go and kill them." I am telling what I know to be the truth-- nothing more.
Boston"s reference to the part taken by the chief caused Captain Jack to speak once more, and it was his last that has found record. He seemed anxious to have Hooker and Bogus put on trial,--finally concluded, "If I am to die I am ready to go to see my great Father in the spirit world."
Schonchin was the last to speak:--
The Great Spirit, who looks from above, will see Schonchin in chains, but He knows that this heart is good, and says, "You die; you become one of my people."
I will now try to believe that the President is doing according to the will of the Great Spirit in condemning me to die. You may all look at me and see that I am firm and resolute. I am trying to think that it is just that I should die, and that the Great Spirit approves of it and says it is law. I am to die. I leave my son. I hope he will be allowed to remain in this country. I hope he will grow up like a good man. I want to turn him over to the old chief Schonchin at Yainax, who will make a good man of him. I have always looked on the younger men of our tribe as my especial charge, and have reasoned with them, and now I am to die as the result of their bad conduct. I leave four children, and I wish them turned over to my brother at Yainax. It is doing a great wrong to take my life. I was an old man, and took no active part. I would like to see those executed for whom I am wearing chains.
In the boys who murdered the commissioners I have an interest as though they were my own children. If the law does not kill them, they may grow and become good men.
I look back to the history of the Modoc war, and I can see Odeneal at the bottom of all the trouble. He came down to Linkville with Ivan Applegate; sent Ivan to see and talk with Captain Jack. If Odeneal came by himself, all the Modocs would go to Yainax. I think that Odeneal is responsible for the murder of Canby, for the blood in the Lava Beds, and the chains on my feet. I have heard of reports that were sent to Y-re-ka, Ashland, and Jacksonville, that the Modocs were on the warpath, and such bad talk brought Major Jackson and the soldiers down.