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 GENERAL COURT MARTIAL ) WAR DEPARTMENT, 
 
 \5, ADJUTANT GENERAL'S OFFICE, 
 
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 No. 32. *V, '/Washington, August 23, 1873. 
 
 I. ..Before a Military Commission which convened at Fort Kla- 
 math, Oregon, July 1, 1873, pursuant to Special Field Orders No. 
 1, dated June 30, 1873, Headquarters Department of the Columbia, 
 In the Field, Fort Klamath, Oregon, and of which Lieutenant 
 Colonel W. L. ELLIOTT, 1st Cavalry, is President, were arraigned 
 and tried 
 
 Captain Jack, Schonchis, Black Jim, Boston Charley, Barncho, 
 alias One Eyed Jim, and Sloluck, alias Cok, Modoc Indian captives. 
 
 CHARGE I. " Murder, in violation of the laws of war." 
 Specification 1st "In this: that they, Indians called and com 
 monly 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, Brigadier General E. R. S. Canby, U. S. Army, 
 commanding Department of the Columbia, and certain Peace 
 Commissioners on the part of the said United States, namely, 
 Eleaz.ur 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 dis 
 cussing 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 obligations imposed by said 
 truce under tlje laws of war, willfully, feloniously, and of 
 malice aforethought, kill and murder said Brigadier General 
 Canby. All this at or near the Lava Beds, so-called, situated 
 near Tule Lake, in the State of California, on or about the 
 llth day of April, 1873." 
 
 to 
 
Specification 2d "In this: that they, Indians called and com 
 monly 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 the said Modoc band, meet, under a flag of truce and sus 
 pension of hostilities, Brigadier General E. R. S. Canby, 
 U. S. Army, commanding military Department of the Co 
 lumbia, and certain Peace Commissioners on the part of the 
 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 
 band should cease; and did thereupon, in wanton violation 
 of the sacred character of said flag of truce, and treacher 
 ously disregarding the obligations imposed by such truce 
 under the laws of war, willfully, feloniously, and of their 
 malice aforethought, kill and murder said Eleazur Thomas, 
 one of the Peace Commissioners aforesaid. All this at or 
 near the Lava Beds, so-called, situated near Tule Lake, in 
 the State of California, on or about the llth day April, 1873." 
 
 CHARGE II. "Assault with intent to kill, in violation of the laws 
 of war." 
 
 Specification 1st "In this: that they, Indians called and com 
 monly known as Captain Jack, Sclionchis, Boston Charley, 
 Black Jim, Barncho, alias One Eyed Jim, and Sloluck, alias 
 Cok, members of a certain band of Indians known as the 
 Modoc^, 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, Brigadier General E. R. S. Canby, U. S. Army, 
 commanding the Department of the Columbia, and certain 
 
Peace Commissioners on the part of the United States, 
 namely, Eleazur Thomas, A. B. Meacham, and L. S. Dyer, 
 citizens, 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 there 
 upon, in wanton violation of the sacred character of said 
 flag of truce, and treacherously disregarding 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 aforethought, to kill and murder, and did inflict 
 upon the body of the said Meacham divers severe and 
 dangerous wounds. All this at or near the Lava Beds, so- 
 called, situated near Tule Lake, in the State of California, 
 on or about the llth day of April, 1873." 
 
 Specification 2d " In this : that they, Indians called and com 
 monly 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 sus 
 pension of hostilities, Brigadier General E. R. S. Canby, 
 U. S. Army, and certain Peace Commissioners on the part 
 of the United States, namely, Eleazur Thomas, A. B. 
 Meacham, and L. S. Dyer, citizens, all representing the 
 Government of the United States, for the agreed and pro 
 fessed purpose of discussing and arranging terms upon which 
 hostilities existing between the United States and said band 
 should cease ; and did then and there, in wanton violation 
 of said flag of truce, and treacherously disregarding the 
 obligations imposed by such truce under the laws of war, 
 feloniously make an assault with deadly weapons upon the said 
 Dyer, commissioner as aforesaid, with an intent him, said 
 Dyer, then and there feloniously, willfully, 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, ou or about the llth day of April, 1873." 
 To which charges and specifications the accused, Captain Jack, 
 Schonchis, Black Jim, Boston Charley, Barncho, alias One Eyed 
 Jim, and Sloluck, alias Cok, Modoc Indian captives, pleaded "Not 
 Guilty." 
 
 FINDING. 
 
 The Commission, having maturely considered the evidence 
 adduced, finds the accused, Captain Jack, Schonchis, Black Jim, 
 Boston Charley, Barncho, alias One Eyed Jim, and Sloluck, 
 alias Cok, Modoc Indian captives, as follows: 
 
 CHARGE I. 
 
 Of the 1st Specification, "Guilty." 
 
 - Of the 2d Specification, " Guilty." 
 
 Of the CHARGE, "Guilty." 
 
 CHARGE II. 
 
 Of the 1st Specification, " Guilty." 
 Of the 2d Specification, " Guilty." 
 Of 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 Cok, Modoc Indian captives, " To be 
 hanged by the neck until they be dead, at such time and place as the 
 proper authority shall direct two-thirds of the members of the 
 Commission concurring therein." 
 
 II. ..The proceedings, findings and sentences of the Military Com 
 mission in the cases of Captain Jack, Schonchis, Black Jim, Boston 
 Charley, Barncho, alias One Eyed Jim, and Sloluck, alias Cok, 
 Modoc Indian captives, were approved by the Commanding Officer 
 of the Department of the Columbia and forwarded 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 22, 1873. 
 
 The foregoing sentences in the cases of Captain Jack, Schonchis, Black Jim, 
 Boston Charley, Barncho, alias One Eyed Jim, and Sloluck, alias Cok, Modoc Indian 
 prisoners, are hereby approved; and it is ordered that the sentences in the 
 said cases be carried into execution by the proper military authority, under 
 the orders of the Secretary of War, on the third day of October, eighteen 
 hundred and seventy-three. 
 
 U. S. GRANT, 
 
 President. 
 
 Bancroft Lflw 
 
 WAR DEPARTMENT, 
 
 WASHINGTON, August 23, 1873. 
 
 The foregoing record of the proceedings in the trial, by Military Commis 
 sion, of Captain Jack, Schonchis, Black Jim, Boston Charley, Barncho, alias One 
 Eyed Jim, and Sloluck, alias Cok, Modoc Indian prisoners, having been trans 
 mitted to the President, and laid before him for his orders thereon ; and the 
 President having in the foregoing orders approved the sentences, and directed 
 that they be executed under the orders of the Secretary of War, the sen 
 tences will be duly executed under the direction of the General commanding 
 the Department of the Columbia, at Fort Klamath, Oregon, Friday, October 
 3, 1873. 
 
 WM. W. BELKNAP, 
 
 Secretary of War. 
 
 BY ORDER OF THE SECRETARY OF WAR: 
 
 OFFICIAL: 
 
 E. D. TOWNSEND, 
 
 Adjutant General. 
 
 Assistant Adjutant General. 
 
SWj