he official
shorthand reporter, who was then duly sworn to faithful per- formance of his duty, which oath was duly interpreted to the prisoners.. The prisoners were then severally asked by the Judge Advocate if they desired to introduce counsel, to which they severally replied in the negative, as they had been unable to procure any. The prisoners were then severally duly ar- raigned on the following charges and specifications :
Charges and specifications preferred against certain Modoc Indians, commonly known and called as, Capt. Jack, Chief; John Schonchin, Sub-chief; Boston Charley, Black Jim, police- men; Boncho (alias One-Eyecl Jim), and Elulksaltako or Slolux.
Charge first, murder in violation of the laws of war. The specification in substance was the murder of Gen. E. R. S. Canby and Dr. Eleazer Thomas.
Second charge, assault with intent to kill in violation of the laws of war specification. Second assault on the Commission- ers. Attempt to kill A. B. Meacham, L. S. Dyar, and T. F. Riddle, interpreter, in the Lava Beds, the so-called place sit- uated on the margin of Tule Lake in Northern California, on or about the nth day of April, 1873, to which the prisoners severally pleaded as follows : To specification first charge, not guilty; to second specification first charge, not guilty; to first charge, not guilty; to first specification, second charge, not guilty; to second specification, second charge, not guilty; to second charge, not guilty.
T. F. Riddle, a citizen and witness for the prosecution, be- ing duly sworn by the Judge Advocate, testified as follows ;
Questioned by Judge Advocate, "Were you present at the meeting of the Commissioners and General Canby referred to in the charges and specifications just read?"
A. "Yes, sir."
Q. "On what day was it?"
A. "On the nth of April, I believe, as near as I can remember."
Q. "Were the prisoners at the bar present on that occa- sion?"
A. "Yes, sir."
