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THE ROGUE RIVEE WARS. 321

the sixth of October a merchant of Jacksonville, James C. Kyle, a partner of Thomas Wills, who was murdered on August fifth, was also killed within two miles of Fort Lane. Soon after followed the news of the trouble with the lower Rogue-rivers already mentioned, resulting from the murder of three white men. Although these Indians were subdued, there was again awakened a feeling of un easiness, which was the precursor of further trouble.

The change in the habits of the treaty Indians was fol lowed by sickness among them, which, being complained of, the agent allowed them greater liberty. As might have been foreseen, this liberty was abused, and the discontent on both sides deepened. The trial, conviction, and execu tion of the murderers of Edwards and Kyle in January did not tend to the cultivation of friendly relations. 5

About the eighteenth of January, a party of Rogue- rivers, Shastas, and Modocs, led by chief Bill, stole the horses belonging to a mining camp on Cottonwood creek, driving them into the mountains. A company was has tily organized to go in pursuit and recover the horses. When on the trail they were shot at from ambush, and Hiram Hulan, John Clark, John Oldfield, and Wesley Mayden were killed.

A messenger was dispatched to Fort Jones, then com manded by Captain Judah, who set out at once with twenty men, all his available force, to follow the trail of

Wm. G. F. Vauk, Weller & Rose, Samuel Williams, Charles Williams, Isaac Woolen, and Jeremiah Yarnell. The settlers who gave up their improvements on the land reserved were David Evans, Matthew G. Kennedy, John G. Cook, William Hutchin- son, Charles Gray, Robert B. Metcalf, Jacob Gall, George H. C. Taylor, John M. Silcott, and James Lesley : Report of Superintendent Palmer, in United States house exe cutive documents, 52, pp. 3-5, thirty -eighth Congress, second session.

6 The murderers, Indian Tom and Indian George, were indicted and had a fair trial. Having no counsel, the court appointed D. B. Brennan and P. P. Prim to de fend them. Agent Culver and Louis Denois acted as interpreters to the court and jury. The officers of the court were : O. B. McFadden, judge ; S. Sims, prosecuting attorney; Matthew G. Kennedy, sheriff; and Lycurgus Jackson, clerk. The jury impaneled were&lt; S. D. Vandyke, Edward McCartie, T. Gregard, A. Davis, Robert Hasgadine, A. D. Lake, James Hamlin, Samuel Hall, Frederick Alberdine, F. Heber, and R. Henderson. The sentence of the court was that the convicted Indians should be hung on the nineteenth of February. The sentence was, however, on account of the troublesome times, carried out a few days after the trial. These were the only Indians ever punished for crime by the-authorities in southern Oregon.