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grazing, and offered to bring them in. With the latter came two Nez Percés, thought to be spies, who informed him that Tiloukaikt had fled to the mountains, but that the greater portion of his stock was being herded by a few Indians near Snake river, and could easily be captured. Major Magone was directed to bring it in, and to capture any Indian who behaved suspiciously.

Probably there was never an Indian war in which, under so great provocation, the men behaved with more humanity towards the enemy than in the war of the early settlers of Oregon with the Cay uses. Now and then, how ever, some impetuous or revengeful volunteer, or officer desiring to distinguish himself, construed his orders to suit his sentiment on the occasion, and this seemed to have occurred on Major Magone s errand after Tiloukaikt s stock, for the flight of a frightened savage, running away from his natural enemy, the white man, caused a squad of troopers to pursue him to kill, rather than to capture. According to Major Magone s report, Baptiste Dorion, himself a half-Indian, son of the Madam Dorion of Irving s Astoria, set off at full speed without orders, followed by several others, and the fleeing Indian was killed before the major, owing to his having a poor horse, could call a halt. The fugitive had at last taken refuge in a canoe when he was discovered and shot, as was also another Indian. That the act was considered unjustifiable, is proven by the notice taken of the incident at the time.

Magone found none of Tiloukaikt s people, but only a few Columbia river Indians, under Beardy, who directed him to the camp of Richard, high chief of the Nez Percés. Both Beardy and Richard assured him that Tiloukaikt was far out of the country towards Fort Hall.

Richard, at the same time, informed the major that an express had gone from Lee at Lapwai to Colonel Waters, carried by two white men only, 17 a piece of news which

17 The bearers of this express through an Indian country where the murderers were still supposed to be lurking were C. W. Cooke and David Gu