found my observation of the country they actually wanted so limited, and their want of knowledge of all points of the compass, that I could not make an intelligible application. I had also just received a note from the County Surveyor saying he could not go out to make Miller's survey, and therefore I wrote to Miller the letter that was afterward taken from his house, and by Superintendent Odeneal reported to the government as evidence of my guilt. The note barely stated that my knowledge was not sufficient to enable me to make out the application and that I had not required the Indians to pay taxes, and that I would have to send to Sacramento City, California, to get a surveyor appointed, and also asking him to send me by an Indian a description of the land wanted by the Indians. I never received an answer. The war was precipitated too soon, and Miller was not at home as I came by there, but I then found by personal observation that the land desired by the Indians was about three miles long and not over a mile in width, and much of it covered by a sage-brush, but with very superior fishery upon it. At the last interview with Captain Jack I tried to persuade him that he had better go to the reservation, but I must confess that it was as much to avoid the trouble and expense that would fall upon me in getting the land grant through for them, as from any other motive, as I did not think any reasonable Superintendent would try to move them. I yet believe that if Superintendent Odeneal had gone down there instead of sending the soldiers to surprise them in the night, all could have been quietly settled. Now, as for Mr. Odeneal, he has threatened my prosecution. There is a court for the United States for this district government to back him in expenses. I have to bear my own and suffer the loss of time. Now, then, if, instead of false reports and libelous articles in the newspapers, he will enter this prosecution, I will agree to ventilate the whole matter, and if I am guilty, I will cheerfully submit to the penalty. At this last interview with Captain Jack his reply was very determined, that he would not go to the reservation to be starved. I told him of the great number and power of our people, and the futility of resistance, to which he listened with his usual stoical
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