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 where arrangements had been made for their reception; not to fire a gun except in self-defence, after they had first fired upon him; and in every way to guard against any appearance of hostility.

Guided by Ivan Applegate, the troops moved on through a heavy rainstorm, arriving near Jack's camp about daybreak. Jackson then formed his troops in Hue and advanced rapidly upon the Modocs who were surprised but not unprepared. Halting his men at the edge of the camp, Jackson called to them to lay down their arms and surrender, Applegate interpreting and explaining the meaning of the visit, asking them to yield to the authority of the Indian department. A part of them seemed willing to do so, but Scarfaced Charley, Black Jim, and some others retained their guns making hostile demonstrations.

Three-quarters of an hour was spent in parleying, during which these few leaders grew more determined, and at length Jackson ordered Boutelle to take some men from the line and arrest them. As Boutelle advanced in front of his men, Scarfaced Charley exclaimed with an oath that he would kill one officer, and fired at him. This was the signal for hostilities to commence. A volley from both sides opened simultaneously, and Boutelle lost, almost at the first volley, one man killed and seven wounded. The troops kept up a rapid firing, killing in a short time fifteen Indians.

Up to the time that firing commenced. Jack had taken no part in the conversation, but lay sullenly in his tent, refusing to come forth or make any answer to the propositions When hostilities began, however, he showed himself prepared and retreated fighting.

Mr Applegate says that the Modocs had for a long time vigilantly guarded against surprise; and after Ivan and Brown had left. Jack gathered the warriors, so that at the time of the fight their aggregate number of men and boys capable of bearing