Wigwam and War-path Or the Royal Chief in Chains Part 57

_Q._ After that what followed?

_A._ I protested against the meeting, but subsequently yielded to the opinions of Gen. Canby and Dr. Thomas,--Mr. Dyer and I dissenting.

_Question by judge-advocate._ Had General Canby a weapon on his person?

_A._ Not that I am aware of.

_Q._ Had Dr. Thomas?

_A._ I know he had not.

All the foregoing testimony was faithfully interpreted to the prisoners.

The commission thereupon adjourned to meet at 9:30 A.M.

to-morrow morning.

The prisoners are remanded to the guard-house. They hesitate, and cast anxious glances at Meacham, who is exchanging salutations with members of the court.

MEACHAM. "Have the prisoners no counsel?"

Col. ELLIOTT. "They have been unable to obtain counsel. The usual question was asked them."

MEACHAM. "It seems to me that, for the honor and credit of the Government, and in order to have all the facts drawn out and placed on record, counsel should have been appointed."

Col. ELLIOTT. "We are perfectly willing, and would much prefer it; but there is no lawyer here, and we must go on without."

MEACHAM. "I have no disposition to shield the prisoners from justice, but I do feel that to close up all gaps, and make the record complete, all the circ.u.mstances should be drawn out. Not because anything could be shown that would justify their crimes, but because it is in harmony with right and justice. Sooner than have it said that this was an ex-parte trial, I will appear myself as their counsel,--by your consent."

Col. ELLIOTT. "Certainly, we are willing, and if you say you will appear as their counsel, we will have your name entered on the record. Certainly, Mr. Meacham, we are more than willing. It would be an act of magnanimity on your part that is without a precedent. You know all the facts in the case and could, perhaps, bring them out better than any other man."

MEACHAM. "I know that my motives would be misconstrued, and I would have another storm of indignation hurled upon me by the press. But that does not intimidate me; I only fear my strength is not sufficient. It is only sixty days since the a.s.sa.s.sination, and I have been twice across the continent, and am still feeble. However, I will report to you to-morrow morning my conclusion."

Judge-Advocate CURTIS remarks: "Mr. Meacham, I wish you would take hold of this matter; there is no one else that can; and, if you will, every courtesy shall be extended to you. The witnesses can be recalled for cross-examination. I should be better satisfied to have counsel for the prisoners."

MEACHAM. "I will take the matter under consideration, and in the mean time I desire an interview with the prisoners."

Col. ELLIOTT. "Most certainly, you can apply to the 'officer of the day,'

and he will make the necessary order."

In the guard house, Captain Jack and Schonchin are brought out of the cell chained together. There is music in the clanking chain that sounds harsh, severe, and causes a shudder, which soon gives way before the logic of justice. These chieftains come with slow steps and eyes fixed intently on Meacham. They extend their hands in token of friendly greeting. Meacham refuses. "No, Captain Jack, your hands are red with Canby's blood; I cannot, now."

Schonchin still holds out the same hand that fired repeated shots at Meacham.

"No, Schonchin, _your_ hands are red with my own blood; I cannot, I will not now."

Schonchin places his hand on Meacham's arm. He presses it slightly. An Indian grunt signals his satisfaction with his experiment. He _now realizes that Meacham is not dead. Up to this time he had been doubtful._ He looks with intense interest at the wounds he had made in his effort to kill this man on the 11th April.

Captain Jack is anxious to talk about the trial. Meacham inquires, "Why did you not have a lawyer to talk for you?"

CAPTAIN JACK. "I don't know any lawyer that understands this affair. They could not do me any good. Everybody is against me; even the Modocs are turned against me. I have but few friends. I am alone."

MEACHAM. "You can talk yourself. The newspapers say, '_Captain Jack has spoken for his race_; now let extermination be the cry.'"

CAPTAIN JACK. "I know that the white man has many voices: they tell one side, they do not tell the other."

MEACHAM. "Tell the other yourself. You can talk: Now speak for your race.

Tell the other side. The world will read it."

Fixing his eye on Meacham very intently Captain Jack says, "Meacham, you talk for me."

MEACHAM. "No, Captain Jack, I cannot talk for you. I saw you kill Gen.

Canby. I cannot talk for you. If you had shot me as Schonchin did, I would talk for you. As it is, I cannot. I will not talk for Schonchin; he was all the time in favor of blood."

SCHONCHIN breaks in, saying, "I did not kill you; you did not die. I am an old man. I was excited; I did not shoot good. The others all laughed at me; I quit. You shoot me. You don't want me to die. You did not die."

CAPTAIN JACK. "I cannot talk with the chains on my legs. My heart is not strong, when the chain is on my leg. You can talk strong. You talk for me."

An hour later, Meacham is in consultation with his friends, including the army surgeon. There is but one opinion in regard to Meacham offering himself as counsel for the Modocs, aside from the newspaper comments,--that it will cost him his life. He is not sufficiently recovered from the shots of the Lava Bed tragedy of April 11th.

JULY EIGHTH. FOURTH DAY.

Military commission a.s.sembled. Meacham has decided that he _cannot_ appear as _counsel_ for the prisoners.

They are brought into court; proceedings of previous meeting read and approved; H. R. Anderson, lieutenant of Fourth Artillery, duly sworn. His evidence was chiefly in regard to Gen. Canby's relation to the Government, the Army, and the Peace Commission.

_Q._ What command did he hold, if any, at the time of his death?

_A._ Department of the Columbia, and adviser to the peace commission under telegraphic instructions from Washington.

_Q._ Was he in receipt of instructions from any source as to the course he was to pursue; was he receiving instructions from time to time? _A._ Yes, sir, from time to time; from commanding General of the Army.

_Q._ What kind of instructions were they? Did you see them yourself? _A._ Yes, sir; generally telegraphic instructions.

_Q._ What was their nature? What did they instruct him to do?

_A._ Instructed him to use his utmost endeavors to bring about a peaceable termination of the trouble.

_Q._ What relation did he hold with the peace commissioners?

_A._ He was ordered down there to consult and advise with them.

_Q._ Do you remember General Canby's initials? _A._ E. R. S.; his full name was Edward Richard Sprigg Canby.

HENRY C. MCELDERY, a.s.sistant surgeon U. S. A., called for prosecution, sworn, testified as follows:--

_Question by judge-advocate._ Did you see the body of General Canby after his decease? _A._ I did, sir; I saw it on the field on the evening of April 11.

_Q._ Was the general dead? _A._ Yes, sir; he was quite dead when I saw him.