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 l him. She

said, 'I have told you all I can tell you. They may kill you today and they may not, but I tell you there is danger/ '

Q. "You heard this?"

A. "Yes. She says again, 'Don't go today.' By that time General Canby and Dr. Thomas were about one hundred yards ahead of us on the trail. General Canby, Thomas, Bogus Charley and I walked out. Mr. Dyar, Meacham and Tobey rode out horse back."

THE COURT : "Did Bogus Charley walk out with you ?" you?"

A. "Yes, he and I were behind."

THE JUDGE ADVOCATE : "Where was Boston Char- ley at this time?"

A. "If I am not mistaken, he was with General Canby and Thomas."

Q. "Did you finally arrive at the peace tent?"

A. "Yes, sir."

Q. "And whom did you find there?"

A. "Capt. Jack, Schonchin, Black Jim, Ellens Man, who is now deceased, Shaknasty Jim and Hooker Jim."

Q. "Were there any others ?"

A. "None that I knew of at that time, except Bogus Charley and Boston Charley, who went out with us. There were eight of them."

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 them ?"

A. "Well, we all sat down around a little sage-brush fire, I should judge about twenty-five or thirty feet from the peace tent. Some one threw some more brush on the fire, then General Canby gave each Indian a cigar. Each Indian bit his cigar and began to smoke. They sat there silent for a few minutes. General Canby then began to talk to the Indians. He told them that he had been dealing with different tribes of Indians for thirty years ; that he had come there to make peace with them and to talk good, and whatever he promised to give them, he would see that they got it, and if they wou