_Q._ Were there any others? _A._ There were no others; well, Boston, he went out with us, and Bogus Charley; there were eight of them there.

_Q._ Eight were there in the party? _A._ In the council; yes, sir.

_Q._ What took place after you met these Modocs whom you have named--between the commissioners and they? _A._ Well, we all sat down around a little fire we had there, built, I suppose, some twenty or thirty feet from the peace tent. There was some sage brush thrown on, and we were all sitting around the little fire, and General Canby gave them all a cigar apiece, and they all sat around there and smoked a few minutes, and then they went to talking; General Canby, I think, though I won't be certain, made the first speech, and told them that he had been dealing with the Indians for some thirty years, and he had come there to make peace with them and to talk good; and that whatever he promised to give them that he would see that they got; and if they would come and go out with him, that he would take them to a good country, and fix them up so that they could live like white people.

_Q._ Did you interpret all of this to the Indians? _A._ Yes, sir.

_Q._ So that they understood it? _A._ Yes, my wife and me did together.

_Q._ Was that the summary of General Canby's speech? _A._ That was about the substance of his speech, with the exception that he told them that he had a couple of Indian names; that he had taken Indians on to a reservation once before, and that they all liked him, and had given him a name.

_Q._ General Canby said that? _A._ Yes. They sat and laughed about it. I disremember the name now.

_Q._ Do you know who spoke next? _A._ Mr. Meacham spoke next, and he told them he had come there to make peace with them; that their Great Father from Washington had sent him there to make peace, and wipe out all of the blood that had been shed, and to take them to some country where they could have good homes, and be provided with blankets, food, and the like.

_Q._ That was Mr. Meacham's speech? _A._ Yes, sir. Dr. Thomas, he said a few words. He said the Great Father had sent him there to make peace with them, and to wipe out all the blood that had been shed, and not to have any more trouble, to move them out of this country here,--that is, the place where they were stopping.

_Q._ Mr. Riddle, do you know whether the Lava Beds are in the State of California? _A._ Yes, sir; they are. I could not be certain what the extent of them is; it may be possible a small portion of them is in Oregon.

_Q._ How near the Lava Beds was General Gillam's camp? _A._ It was about two miles and a half from Jack's stronghold.

_Q._ How near to the Lava Beds was the peace tent? _A._ It was right on the edge of it.

_Q._ What distance from General Gillam's quarters or camp? _A._ I think about three-quarters of a mile.

_Q._ Did any Modocs reply to those speeches? _A._ Captain Jack spoke.

_Q._ What did he say; can you remember? _A._ Yes, I can recollect some of what he said. He said that he didn't want to leave this country here; that he knew no other country than this; that he didn't want to leave here; and that he had given up Lost river; and he asked for Cottonwood and Willow Creek; that is over near Fairchild's.

_Q._ Is Cottonwood Creek the same as Hot Creek? _A._ They are two different creeks.

_Q._ What did he mean by giving up Lost river? _A._ He said there was where the fight had taken place; and that he didn't want to have anything more to do there. He said he thought that was what the fight took place about,--that country there; he said the whites wanted it.

_Q._ What fight do you refer to? _A._ The first fight, where Major Jackson went down to bring them down on the Reservation; that was in November, 1872.

_Q._ Did Captain Jack demand Willow Creek and Cottonwood Creek?

_A._ Yes, sir.

_Q._ That is, the land around this place? _A._ Yes.

_Q._ To live on? _A._ Yes, sir; he wanted a reservation there.

_Q._ Then what was said, or what occurred? _A._ Mr. Meacham, then he made another speech, and he told Captain Jack: "Jack, let us talk like men, and not like children," and he sort of hit him on the knee or shoulder,--probably hit him on the shoulder once or twice, or tapped him,--he said, "Let us talk like men, and not talk like children." He said, "You are a man that has common sense; isn't there any other place that will do you except Willow Creek and Cottonwood?" And Mr. Meacham was speaking rather loud, and Schonchin told him to hush,--told him in Indian to hush; that he could talk a straight talk; to let him talk. Just as Schonchin said that, Captain Jack rose up and stepped back, sort of in behind Dyer's horse. I was interpreting for Schonchin, and I was not noticing Jack. He stepped a few steps out to one side, and I seen him put his hand in his bosom like--

_Q._ (Interrupting). Did you perceive, as soon as you got there, that these men were armed? _A._ Yes, sir; I did; I could see some of them were.

_Q._ In what way did you observe that? _A._ I saw these sticking out of their clothes.

_Q._ You saw what? _A._ They were revolvers.

_Q._ Did Captain Jack at this interview represent this band?

_A._ Yes, sir.

_Q._ And these other men listened and appeared to concur? _A._ Yes, sir.

_Q._ Were they there as representatives of the band? _A._ Yes, sir; I suppose they were.

_Q._ You say Captain Jack got up and went to the rear, and you saw him put his hand to his breast? _A._ Yes, sir.

_Q._ What then occurred? _A._ Well, he stepped back and came right up in front of General Canby, and said, in Indian, "All ready, boys,"--and the cap bursted, and before you could crack your finger he fired.

_Q._ You say this? _A._ Yes, sir; and after the cap bursted, before you could crack your finger, he fired and struck General Canby under the eye, and the ball came out here (showing). I jumped and ran then, and never stopped to look back any more. I saw General Canby fall over, and I expected he was killed, and I jumped and ran with all my might. I never looked back but once, and when I looked back Mr. Meacham was down, and my woman was down, and there was an Indian standing over Mr. Meacham and another Indian standing over her, and some two or three coming up to Mr. Meacham. Mr. Meacham was sort of lying down this way (showing), and had one of his hands sticking out.

_Q._ You saw General Canby fall, you say? _A._ Yes, sir.

_Q._ Did he continue to lie where he fell? _A._ He was not when they found him; he was about thirty or forty yards from there. I did not see him get up.

_Q._ As soon as Captain Jack fired, what then occurred? _A._ They commenced firing all around. I could not tell who was firing except Schonchin here; I see him firing at Mr. Meacham, but the others were kind of up in behind me, and they were firing, and I did not turn around to look to see who it was. I thought it was warm times there.

_Q._ Did any other Indians come up? _A._ Just as the fire commenced I see two Indians coming up packing their guns.

_Q._ What do you mean by "packing their guns"? _A._ They were carrying them along in their arms.

_Q._ How many had each man? _A._ I could not tell; it looked like they had some two or three apiece.

_Q._ Can you identify those men? _A._ No, sir, I cannot. I did not stop to look to see who they were. I saw they were Indians.

TOBEY, Riddle's wife, an Indian, called for the prosecution, being duly sworn, testified as follows:--

_Question by the judge-advocate._ What is your name; is your name Tobey? _Answer._ Yes.

_Q._ Did you think they were going to kill the commissioners that day? _A._ Yes.

_Q._ What made you think so? _A._ There was one of the other Indians told me so.

_Q._ Who told you? _A._ William; Whim they call him.

_Q._ How long before the meeting did Whim tell you this? _A._ It was about eight or ten days.

_Q._ What did Whim say to you? _A._ He said not to come back any more; to tell the peace commissioners not to meet the Indians any more in council; that they were going to kill them.

_Q._ Did you tell General Canby not to go? _A._ I did not tell General Canby; I told Meacham and Thomas.

_Q._ Did Mr. Meacham believe you? _A._ Yes, sir.

_Q._ Did he say he believed you? _A._ Yes.