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        <title>The United States vs. Sidney R. DeLong et al.</title>
        <author>Karl Jacoby</author>
        <author>George Conklin, Chan Hee Chu, and Alex Hughes</author>
      </titleStmt>
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    <body>
      <pb n="1"/>
      <head>The United States vs. <persName ref="./glossaries.xml#sidney_delong">Sidney R.
        DeLong</persName> et al.</head>
      <div type="day">

        <head>Wednesday Dec. 6th 1871</head>
        <p>Prosecution opened</p>
        <p>Lt.<persName ref="./glossaries.xml#royal_whitman">R.E. Whitman</persName> called and
          sworn - says</p>
        <div type="witness">
          <div type="testimony">
            <head>Ex. by Mr. <persName ref="./glossaries.xml#converse_rowell">Rowell</persName></head>
            <p>I resided at <placeName ref="./glossaries.xml#camp_grant">Camp Grant</placeName> in
              April last. 1st. Lt. in 3rd. U.S. Cavalry--nearly all the time being in command of
              Post and Quartermaster and Commissary of the Post. I had Apache Indians under my
              charge about the 30th of April last.</p>
            <p>The Indians first came there the latter part of February of the present year. They
              asked for food and it was given them; they asked permission to bring in others of
              their band.</p>
            <p>Stipulations with them were--to live at the post, suspension of hostilities and
              willingness to obey all orders given them from time to time.</p>
            <p>In February they made their appearance to the number of about five--from that time
              until April they had gradually increased in number</p>
            <p>Between four and five hundred Indians <pb n="2"/> were there between the 25th and 30th of
              April, comprising men women and children, about the proportion that would naturally
              exist in their family relations--of men women and children</p>
            <p>For a long time I kept account in pencil of the number of men women and children and
              the proportion was a little more than one man to five of all others. I issued
              rations--one pound of corn or flour and one pound of meat to each individual each day.</p>
            <p>These rations were first issued each day, subsequently once in two days and still
              later once in three days.</p>
            <p>The last issue before the 30th of these rations was on the 28th of April.</p>
            <p>At that time the number of Indians was between four and five hundred, have not the
              exact memorandum but should say 450.</p>
            <p>They asked in addition to rations for clothing.</p>
            <p>I told them I had no power to issue clothing but that I would provide them with work
              as far as practicable so that they could buy clothing</p>
            <pb n="3"/>
            <p>I made arrangements with them to furnish hay under the existing contract and they
              furnished the post about 30,000 pounds of hay.</p>
            <p>They were engaged in furnishing hay to the post immediately prior to the 30th of
              April last.</p>
            <p>While using the utmost vigilance to detect these Indians in doing anything contrary
              to orders, I failed to so detect them. They were living about five miles from
                <placeName ref="./glossaries.xml#camp_grant">Camp Grant</placeName>--and there
              living first by my authority and then by the authority of Capt. <persName
                ref="./glossaries.xml#frank_stanwood">Frank Stanwood</persName> approved by
              authority direct from the Government.</p>
            <p>I received on the morning of the 30th of April a communication from the Comd. Officer
              of <placeName ref="./glossaries.xml#camp_lowell">Camp Lowell</placeName> giving me
              information that a party had left his place with the avowed intention of making
              trouble with the Indians at <placeName ref="./glossaries.xml#camp_grant">Camp
              Grant</placeName>.</p>
            <p>I would further state that I heard rumors previously but gave them no credit. I
              immediately dispatched the interpreters at the Post to inform the Indians and bring in
              for <pb n="4"/> protection. The Interpreters returned in a very sort time reporting that the
              Indian Camp was deserted--strewn with dead bodies and the Camp burning. I received the
              intelligence at 7:30 o'clock on the morning of the 30th of April. I immediately formed
              a party of such men as could be spared at the post with the post surgeon to go to the
              Camp with wagons and bring in all the wounded that could be found and further examine
              the state of the case.</p>
            <pb n="5"/>
            <p>On the 30 of April none but dead bodies were found. I next sent dispatches containing
              information to the Adjt. General of the Dept. Next morning I formed a party and went
              myself to the Indian Camp. I found the situation as had been reported. The Camp was
              entirely deserted or burned. Dead bodies strewn indiscriminately over the ground. The
              remains of rations clothing etc.</p>
            <p>The dead bodies were very much scattered and as it appeared nearly all killed by
                <term corresp="./glossaries.xml#minie_ball">minie balls</term>. Some of the bodies
              were easily recognized but the exposure of one day in the sun had changed them very
              materially.</p>
            <p>I should say that I saw about 30 or forty dead bodies, nearly all women and children.
              I found the body of one old man that I knew. It lay in that portion of the Camp <pb n="6"/>
              nearest the post. The body lying on the side inclining towards the back. He was shot
              on the left side of the body in the region of the ribs with a <term
                corresp="./glossaries.xml#minie_ball">minie ball</term></p>
            <p>I recognized him as a man with whom I had talked more frequently than any other one
              of the tribe. He was one of those that had been under my charge. He was particularly
              an influential man. He was one of their principal counselors but not an active chief.
              I saw the dead bodies of several women that I recognized. The dead bodies of the women
              were lying in different positions. Generally the bodies were found as they might have
              fallen when shot running. Some, I'll stately positively two were lying on their backs
              entirely naked and shot through the breast apparently with pistol balls. One body had
              three or four arrows sticking in it besides the probable death wound of the musketry.</p>
            <pb n="7"/>
            <p>I also noticed bodies of women, with the skull smashed. My judgment was that women
              had been first wounded and subsequently killed.</p>
            <p>I judged that because in addition to pistol shots or gun-shot wounds their skulls had
              been broken.</p>
            <p>I noticed women shot through the breast apparently with pistol balls because the
              aperture was smaller than that of a gunshot wound.</p>
            <p>I saw the dead bodies of children--perhaps six. They had died apparently by Gunshot
              wounds.</p>
            <p>I do not recollect where the gunshot wounds were. I recollect one child perhaps two
              years of age with the arm nearly cut off.</p>
            <p>Besides the old man previously spoken of the only other dead body of a male was a boy
              perhaps sixteen years of age</p>
            <p>I had seen and examined battle fields before.</p>
            <pb n="8"/>
            <p>The fight presented every appearance of a sudden attack no attempt to escape and no
              resistance. I have no knowledge of the parties that did this killing.</p>
            <p>I saw the dust apparently of a body of men moving up the valley in the direction of
                <placeName ref="./glossaries.xml#cañon_del_oro ">Canon del Oro</placeName> about ten
              o'clock of the 30th of April, from the post. The men seemed to be coming towards
                <placeName ref="./glossaries.xml#tucson">Tucson</placeName> that made the dust. I
              should judge it from the dust to be a large party.</p>
          </div>

          <!--new testimony p.8-->

          <div type="testimony">
            <head><persName ref="./glossaries.xml#james_mccaffrey">McCaffrey</persName> x ex.</head>

            <p>As nearly as I have already stated the stipulations were food shelter and obedience
              of orders. They gave at that time no other reasons for coming in but hunger and a
              desire to live at peace. I wish that to be understood.</p>
            <p>They said they were tired of moving from place to place to avoid contact with the
              soldiers.</p>
            <p>They said from being obliged <pb n="9"/> to move about they could not sustain themselves.</p>
            <p>They presented the appearance of suffering from want of food. They were understood to
              be prisoners. They were not requested to give up their arms as they were very poorly
              supplied with arms. I selected the place for them to stay myself. They were requested
              to present themselves for inspection at first every day then every two day then every
              three. At the time of the killing I was rationing them every fourth day I think but I
              am not sure. I can't state that it was not every fifth day. I kept a pencil memorandum
              of the men women and children. I also have my ration record in writing. The ration
              record is not the only record that I have. The Books of the Post at the Adjts Office
              show the number rationed at all times. There is no further record.</p>
            <p>The hay furnished by them <pb n="10"/> was furnished under the contract of <persName
                ref="./glossaries.xml#isaac_goldberg">Goldberg</persName> and co. of this place.</p>
            <p>It was necessary to give them immediate compensation for their labor. That hay was
              paid for as received by the Post trader under an arrangement between him and the
              contractor. The Post trader was <persName ref="./glossaries.xml#frederick_austin">F.L.
                Austin</persName>.</p>
            <p>Mr. <persName ref="./glossaries.xml#frederick_austin">Austin</persName> paid the
              Indians one cent a pound for the hay they brought in. The contract price of hay $21.00
              I think in gold a ton. I know that the contract price was not $25.00 in gold a ton.
              The contract was for gold. The Indians delivered the hay to me when brought in. I
              weighed it. I gave them tickets representing the no. of pounds delivered. The hay was
              first delivered at my suggestion.</p>
            <p>The Indians presented the tickets at the store.</p>
            <p>In return they received for the most part <term corresp="./glossaries.xml#manta"
                >manta</term>. They also received anything else exposed for sale except those things
              not intended for sale to the Indians.</p>
            <pb n="11"/>
            <p>The tickets were issued to me by the post trader on payment for the hay: by me
              delivered to the Indians and by them delivered to the trader. I was then most of the
              time in command of <placeName ref="./glossaries.xml#camp_grant">Camp
              Grant</placeName>. I only know that the Indians were to receive such goods as they
              wanted at the ordinary price of such goods in the country.</p>
            <p>To the best of my knowledge they received those goods at fair prices and as low as
              they were usually sold in the county. I saw that my orders to the post trader were
              fulfilled. I have seen <term corresp="./glossaries.xml#manta">manta</term> delivered
              for these tickets at 4.5 x 3 yards for the dollar.</p>
            <p>I know from my own observation that the greater proportion of the purchases of the
              Indians was <term corresp="./glossaries.xml#manta">manta</term>.</p>
            <p>I know there was a subletting of the contract made by the contractors with Mr.
                <persName ref="./glossaries.xml#frederick_austin">Austin</persName></p>
            <pb n="12"/>
            <p>In furnishing rations the Indians were ranged in families and the head of the family
              received the ticket for the whole family. The ticket was presented at the storehouse
              for flour and corn. The quantity delivered marked on the ticket, handed to the Indian
              and afterwards presented at the meat house for meat and then delivered up.</p>
            <p>When the Indians were reported all in, the count was made on a particular day and the
              tickets delivered. The hour was not set. The Indians did not remain any longer at the
              Post than necessary for the count and issue of the rations.</p>
            <p>After the count was made and the tickets delivered I superintended the issue of the
              rations. The tickets were presented by the squaws usually.</p>
            <p>I do not know at what date the Indians first commenced to delivery the hay. I should
              <pb n="13"/> say about the middle of March.</p>
            <p>The ration tickets were sometimes delivered to the men, sometimes to the women.</p>
            <p>The hay was delivered almost every day.</p>
            <p>I do not know how many women there were on the reservation about the 30th of April.</p>
            <p>The <term corresp="./glossaries.xml#manta">manta</term> was used by the Indians for
              clothing.</p>
            <p>All of the Indians wore the <term corresp="./glossaries.xml#manta">manta</term> for
              clothing. I do not recollect the prices of all the other articles for sale.</p>
            <p>I stipulated only for the <term corresp="./glossaries.xml#manta">manta</term>--for a
              good article at the lowest price. The Indians were in and out of the reservation and I
              frequently went out to their camp.</p>
            <p>I heard rumors that the Indians were depredating upon the whites but I believed the
              rumors were untrue from my own observation.</p>
            <p>There are at times wounded Indians at the <placeName
                ref="./glossaries.xml#camp_grant">Camp Grant</placeName> reservation. I have no
              knowledge that they were wounded after they came in.</p>
            <pb n="14"/>
            <p>Subsequently to the 30 of April one woman and one girl were brought to the post and
              treated there.</p>
            <p>I have had official correspondence connected with the killing at <placeName
                ref="./glossaries.xml#camp_grant">Camp Grant</placeName>. I have written letter
              concerning it which were published. One unofficial letter addressed to Col. <persName
                ref="./glossaries.xml#james_grafton_lee">Lee</persName> has been published.</p>
            <p>I do not recollect that I ever made a statement to anybody that I was for <persName
                ref="./glossaries.xml#royal_whitman">Whitman</persName> only and that I was bound to
              win.</p>
            <p>I do not recollect ever having said that I stood to these Indians in the relation of
              a lawyer to his client.</p>
            <p>I have no recollection of ever having stated that I was bound only to tell my side of
              the case.</p>
            <p>I never knew a warrant had been issued against any Indian on that reservation.</p>
            <p>I was not informed by any one that he had a warrant for any Indian on the
              reservation.</p>
            <pb n="15"/>
            <p>No officer ever presented a warrant for any Indian on the reservation. I never saw in
              the possession of an Indian on the reservation arms marked with the Territorial brand.
              I proposed to the Indians to act as Guides to hunt for hostile Apaches when they first
              came in. This proposal was made in consequence of their peculiar relation to the
              government and the explanation of that to them.</p>
            <p>The Indians answered they "came in for peace. There are plenty of Indians out that
              will not come in. We are not at war with those Indians and may be driven out from
              here."</p>
            <p>I had a special talk with them about the killing at <placeName
                ref="./glossaries.xml#san_pedro_river">San Pedro</placeName> crossing, because it
              was directly charged to the Indians at <placeName ref="./glossaries.xml#camp_grant"
                >Camp Grant</placeName>. <pb n="16"/>
            </p>
            <p>They positively declined to join any expedition that might be fitted out against
              hostile Indians. They made the proposition to join a party against hostile Indians
              provided that in turn they should be assisted in an expedition upon <placeName
                ref="./glossaries.xml#sonora">Sonora</placeName>.</p>
            <p>The military Reservation at <placeName ref="./glossaries.xml#camp_grant">Camp
              Grant</placeName> is a mile square. On the 30th of April no Indians were living on the
              Reservation. There were Indians living about 5 miles from the post, in a direction
              nearly east. They might have been seen from the post with a glass. No guard of
              soldiers was ever stationed over the Indians.</p>
            <p>There were no positive means of knowing whether the Indians were off of the
              reservation for one two or three days at a time. I have passes for small parties to be
              absent for <term corresp="./glossaries.xml#mescal">mescal</term> over one ration
              day--say 3 or 4 men, and 15 or 20 women. They went to the mountains east of the
                <placeName ref="./glossaries.xml#san_pedro_river">San Pedro</placeName>
              <pb n="17"/> from 10 to 15 miles. I frequently discussed with them the condition in which
              they were at peace. I had some difficulty in making them understand that they were at
              peace with all surrounding them. Their understanding, when they first came in, was
              that they were at peace only with <placeName ref="./glossaries.xml#camp_grant">Camp
                Grant</placeName> and not with <placeName ref="./glossaries.xml#arizona"
              >Arizona</placeName>. When they first came in I made them understand that the
              government had no enemies but breakers of law, that if they were protected by the
              Govt. they should be at peace with all men in the boundaries of the U.S.</p>

          </div>

          <!-- new testimony: redirect of Whitman by prosecution, p.17 -->

          <div type="testimony">

            <head><persName ref="./glossaries.xml#converse_rowell">Rowell</persName> ex.</head>

            <p>The Indians called my attention to the fact that at the killing at <placeName
                ref="./glossaries.xml#san_pedro_river">San Pedro</placeName>, they were all in at
              the Reservation.</p>
            <p>I found that, at that time there were more Indians on the Reservation than at any
            other time.</p>
            
            <pb n="18"/>
            <p>They asked that the captives taken from them at the time of the killing at <placeName
                ref="./glossaries.xml#camp_grant">Camp Grant</placeName> should be returned to them
              and they protected. They understood the killing to be entirely foreign to the people
              of the post and that valley.</p>
            <p>A thousand Indians are now present. I have rationed as high at 798 since the killing.
              Their conduct has been generally good.</p>

          </div>

          <!-- new testimony: redirect of Whitman by defense, p.18 -->

          <div type="testimony">

            <head><persName ref="./glossaries.xml#james_mccaffrey">McCaffrey</persName> ex.</head>

            <p>They have been constantly increasing in number since the 1st of Sept.</p>
            <p>A number of them being absent about two months, say July and August.</p>
            <p>Never heard the Indians say they had heard who killed Mr. <persName
                ref="./glossaries.xml#charles_mckinney">McKenny</persName>.</p>
            <p>(Paper produced.) Lt. <persName ref="./glossaries.xml#royal_whitman"
              >Whitman</persName> acknowledged it as his production, he knows the Indians to whom he
              gave it.</p>

          </div>
          <pb n="19"/>
         
          <!-- new testimony: further redirect of Whitman by prosecution, p.19-->

          <div type="testimony">
           

            <head><persName ref="./glossaries.xml#converse_rowell">Rowell</persName> ex.</head>

            <p>The Indians complained that while they were at peace they were attacked and children
              stolen. They could get no redress and therefore they left the reservation.</p>
            <p>Mr. <persName ref="./glossaries.xml#converse_rowell">Rowell</persName> offers to
              introduce part of a paper with endorsement of Gen. <persName
                ref="./glossaries.xml#william_sherman">W.T. Sherman</persName> to show the status of
              the Indians at the time of the <term corresp="./glossaries.xml#camp_grant_massacre"
                >Camp Grant Massacre</term>.</p>

          </div>

          <!-- new testimony: further redirect of Whitman by defense, p.19 -->

          <div type="testimony">

            <head>
              <persName ref="./glossaries.xml#james_mccaffrey">Mr. McCaffrey</persName>
            </head>
            <p>Objects to the introduction of Gen. <persName ref="./glossaries.xml#william_sherman"
                >Sherman</persName>'s letter unless the whole of it is admitted.</p>
            <p>Admitted as a whole.</p>

          </div>

          <!-- new testimony: even further redirect of Whitman by prosecution, p.19-->

          <div type="testimony">

            <head>
              <persName ref="./glossaries.xml#converse_rowell">Rowell</persName>
            </head>

            <p>Will bring in his exception tomorrow relative to admitting the whole paper.</p>

          </div>


        </div>

        <div type="witness">

          <div type="testimony">

            <head>Ex. by Mr. <persName ref="./glossaries.xml#converse_rowell">Rowell</persName></head>

            <p><persName ref="./glossaries.xml#d_a_bennett">D.A. Bennett</persName> called and
              sworn.</p>

            <p>I know that an armed party of men left <placeName ref="./glossaries.xml#tucson"
                >Tucson</placeName> between the 25 and 30 of April 1871.</p>
            
            <pb n="20"/>
            <p>They proceeded in a N.E. direction. Something over a 100 comprised that party.</p>
            <p>They were of all nationalities. There were some Americans, the parties named in the
              Indictment. There were Mexicans and <term corresp="./glossaries.xml#papago_indians"
                >Papago Indians</term>. They were armed with guns and pistols.</p>
            <p>They went on the <placeName ref="./glossaries.xml#rillito">Rillito</placeName>Road.
              They passed through a pass in the mountains through a canon the name of which I do not
              know, across the <placeName ref="./glossaries.xml#san_pedro_river">San Pedro
              River</placeName>. They proceeded to within 10 or 12 miles of <placeName
                ref="./glossaries.xml#camp_grant">Camp Grant</placeName>. They were at the
                <placeName ref="./glossaries.xml#san_pedro_river">San Pedro River</placeName> the
              day after leaving <placeName ref="./glossaries.xml#tucson">Tucson</placeName>. They
              arrived at the <placeName ref="./glossaries.xml#san_pedro_river">San Pedro</placeName>
              in the morning about daybreak. Went into camp on the <placeName
                ref="./glossaries.xml#san_pedro_river">San Pedro</placeName>, stayed that day. Broke
              camp about 4 or 5 o'clock in the afternoon.</p>
            <pb n="21"/>
            <p>The main party continued on a trail in the direction of <placeName
                ref="./glossaries.xml#camp_grant">Camp Grant</placeName>. They continued to follow
              the trail to within 12 or 15 miles of <placeName ref="./glossaries.xml#camp_grant"
                >Camp Grant</placeName>.</p>
            <p>They arrived at the last point some time in the night. I left the party there and
              they went on.</p>
            <p>I saw Mr. <persName ref="./glossaries.xml#sidney_delong">DeLong</persName>, Mr.
                <persName ref="./glossaries.xml#james_lee">Lee</persName>, <persName
                ref="./glossaries.xml#charles_etchells">Etchell</persName>, <persName
                ref="./glossaries.xml#david_foley">Foley</persName> on the morning of the 30th.
                <persName ref="./glossaries.xml#sidney_delong">DeLong</persName>
              <persName ref="./glossaries.xml#charles_etchells">Etchell</persName> and <persName
                ref="./glossaries.xml#david_foley">Foley</persName> took the road leading to
                <placeName ref="./glossaries.xml#camp_grant">Camp Grant</placeName>. They went as
              far as <placeName ref="./glossaries.xml#camp_grant">Camp Grant</placeName>. They
              arrived at <placeName ref="./glossaries.xml#camp_grant">Camp Grant</placeName> about
              daylight. This party remained at the Post about 2 hours. They then started to return
              to <placeName ref="./glossaries.xml#tucson">Tucson</placeName>. They met the large
              party in camp about 9 or 10 miles this side of <placeName
                ref="./glossaries.xml#camp_grant">Camp Grant</placeName>. With the large party I saw
              those of the defendants I saw the day before. I saw no difference in their appearance.
              I saw some Indian children with them that were not with them the day before.</p>
            <pb n="22"/>
            <p>I heard some of them detailing the account of the fight with the Indians. They stated
              they had had the fight in <placeName ref="./glossaries.xml#aravypa_cañon">Aryvypa
                Canon</placeName>. I heard several statements: my conclusion was that they had
              killed and taken prisoner in the vicinity of 150 Indians. There was nothing said of
              any of this party being killed. The party came in the direction of and broke up in
                <placeName ref="./glossaries.xml#tucson">Tucson</placeName>. The party broke up the
              2nd or 3rd day after the killing. The party did not come on a direct road to
                <placeName ref="./glossaries.xml#tucson">Tucson</placeName>. I believe <placeName
                ref="./glossaries.xml#camp_grant">Camp Grant</placeName> to be in the <placeName
                ref="./glossaries.xml#pima_county">County of Pima</placeName>.</p>
          </div>

          <!-- new testimony: cross of Bennett by defense, p.22 -->

          <div type="testimony">

            <head><persName ref="./glossaries.xml#james_mccaffrey">McCaffrey</persName> ex.</head>

            <!-- Is col. Dunn's name below correct? -->

            <p>The object of the party was to scout after Indians but in no particular direction.
              The subject had been previously discussed in the party. They desired a large party to
              successfully cope with the Indians, arguing that smaller parties 
              
              <pb n="23"/> had been driven
              back. Meetings had been held previous to the expedition: had seen Military officers
              there--Cols. <persName ref="./glossaries.xml#james_grafton_lee">Lee</persName> and
                <persName ref="./glossaries.xml#thomas_dunn">Dunn</persName>. I think I saw Col.
                <persName ref="./glossaries.xml#james_grafton_lee">Lee</persName> frequently at
              those meetings. Col. <persName ref="./glossaries.xml#james_lee">J.G.C. Lee</persName>.</p>
            <p>The object of the organization was discussed in his, Col. <persName
                ref="./glossaries.xml#james_grafton_lee">Lee</persName>'s, presence.</p>
            <p>First struck trail of Indians just this side of the pass in the mountains. Took that
              trail because Indians had been more frequently seen in that direction, driving off
              stock from this vicinity. It was only determined to follow any trail they might strike
              of Indians going out.</p>
            <p>I was told by the Indian guide that the signs were fresh. I did not ask particularly.
              I asked for Indian sights and they said there were such.</p>

          </div>

          <!-- Judge's question, p.23 -->

          <div type="testimony">

            <head><persName ref="./glossaries.xml#john_titus">Judge</persName>'s Question.</head>

            <p>We were guided to the ultimate destination on this trail.</p>

          </div>

          <!-- new testimony: redirect of Bennett by prosecution, p.24 -->
          <pb n="24"/>
          <div type="testimony">

            <head>
              <persName ref="./glossaries.xml#converse_rowell">Rowell</persName>
            </head>

            <p>The question of attacking Indians where they could be found was discussed.</p>

          </div>

        </div>

      </div>

      <pb n="25"/>


      <div type="day">

        <head>The United States vs. <persName ref="./glossaries.xml#sidney_delong">Sidney R.
          DeLong</persName> et al.</head>

        <head>Thursday December 7th</head>

        <p>Mr. <persName ref="./glossaries.xml#charles_etchells">Etchells</persName> called and
          sworn says</p>

        <div type="witness">

          <div type="testimony">

            <head>
              <persName ref="./glossaries.xml#converse_rowell">Rowell</persName>
            </head>

            <p>I resided in <placeName ref="./glossaries.xml#tucson">Tucson</placeName> in April
              last. I know of an armed body of men leaving <placeName ref="./glossaries.xml#tucson"
                >Tucson</placeName> in April last, in the neighborhood of 100 men. The party was
              composed of all nationalities American Mexican and <term
                corresp="./glossaries.xml#papago_indians">Papago Indians</term>.</p>
            <p>They went in a N.E. direction from <placeName ref="./glossaries.xml#tucson"
              >Tucson</placeName> and proceeded to <placeName ref="./glossaries.xml#san_pedro_river"
                >San Pedro River</placeName>.</p>
            <p>They reached the <placeName ref="./glossaries.xml#san_pedro_river">San
              Pedro</placeName> in 24 hours.</p>
            <p>They reached the <placeName ref="./glossaries.xml#san_pedro_river">San
              Pedro</placeName> about the 28th of April between 8 and 9 in the morning and went into
              camp.</p>
            <p>Remained in camp 6 or 7 hours. The defendants were present in camp on the <placeName
                ref="./glossaries.xml#san_pedro_river">San Pedro</placeName>.</p>
            <p>So far as I know the names of them 
              
              <pb n="26"/> 
              
              I think all of the defendants were with the
              Party from <placeName ref="./glossaries.xml#tucson">Tucson</placeName> to the
                <placeName ref="./glossaries.xml#san_pedro_river">San Pedro</placeName>.</p>
            <p>The Camp in the <placeName ref="./glossaries.xml#san_pedro_river">San
              Pedro</placeName> was broken up about 3 PM. The party proceeded after breaking Camp
              down the <placeName ref="./glossaries.xml#san_pedro_river">San Pedro
              River</placeName>.</p>
            <p>The party proceeded down the <placeName ref="./glossaries.xml#san_pedro_river">San
                Pedro River</placeName> about 20 or 25 miles to within probably 10 miles of
                <placeName ref="./glossaries.xml#camp_grant">Camp Grant</placeName>.</p>
            <p>The Party arrived within about 10 miles of <placeName
                ref="./glossaries.xml#camp_grant">Camp Grant</placeName> about 3 A.M.</p>
            <p>I next saw the main party about 10 o'clock the same day.</p>
            <p>Messrs. <persName ref="./glossaries.xml#sidney_delong">DeLong</persName>
              <persName ref="./glossaries.xml#d_a_bennett">Bennet</persName> and <persName
                ref="./glossaries.xml#david_foley">Foley</persName> and myself proceeded to
                <placeName ref="./glossaries.xml#camp_grant">Camp Grant</placeName>.</p>
            <p>We arrived at <placeName ref="./glossaries.xml#camp_grant">Camp Grant</placeName>
              shortly after sunrise. The party went to no quarters or building at <placeName
                ref="./glossaries.xml#camp_grant">Camp Grant</placeName>.</p>
            <p>The part I speak of remained at <placeName ref="./glossaries.xml#camp_grant">Camp
            Grant</placeName> an hour or two. </p>
              
              <pb n="27"/> 
            <p>They then went back the road they had come.</p>
            <p>On my way back I saw the large party about six or 8 miles from <placeName
                ref="./glossaries.xml#camp_grant">Camp Grant</placeName>.</p>
            <p>I believe it was the same party I had been with the day before.</p>
            <p>I noticed additional parties with them Indian children--probably to the number of 10
              or 12.</p>
            <p>I heard talk of a fight with Indians--a fight at <placeName
                ref="./glossaries.xml#aravypa_cañon">Aryvypa Canyon</placeName>.</p>
            <p>None of the party had been wounded or killed that I know of.</p>
            <p>The party next proceeded to <placeName ref="./glossaries.xml#tucson"
              >Tucson</placeName>.</p>
            <p>I saw some of the Indian children along with the party.</p>
            <p>I saw no other disposition of the children except to bring them along.</p>
            <p>The party were two days in coming from the <placeName
                ref="./glossaries.xml#san_pedro_river">San Pedro</placeName> to <placeName
                ref="./glossaries.xml#tucson">Tucson</placeName> a distance of 50 or 60 miles.</p>
            <pb n="28"/>
            <p>The party were both mounted and on foot.</p>
            <p>They were armed with guns.</p>

          </div>

          <!-- cross examination of Etchells, p.28 -->

          <div type="testimony">

            <head>
              <persName ref="./glossaries.xml#james_mccaffrey">McCaffrey</persName>
            </head>

            <p>Meetings were held in <placeName ref="./glossaries.xml#tucson">Tucson</placeName>
              preparatory to the expedition.</p>
            <p>I believe the objects of this expedition were discussed at those meetings.</p>
            <p>I saw military officers present at those meetings.</p>
            <p>I saw Col. <persName ref="./glossaries.xml#james_grafton_lee">Lee</persName>, the
              quartermaster.</p>
            <p>Only recollect seeing Col. <persName ref="./glossaries.xml#james_grafton_lee"
              >Lee</persName> present once.</p>
            <p>I saw Mr. <persName ref="./glossaries.xml#converse_rowell">Rowell</persName> present
              at those meetings.</p>
            <p>The objects of the expedition were not discussed in the presence of Col. <persName
                ref="./glossaries.xml#james_grafton_lee">Lee</persName> and Mr. <persName
                ref="./glossaries.xml#converse_rowell">Rowell</persName> as I know of. There was a
              general discussion of Indian troubles.</p>
            <p>Means were discussed at those meetings for the stopping of Indian troubles.</p>
            <pb n="29"/>
            <p>A general scouting Party was prepared.</p>
            <p>This scouting party was supposed to be composed of Civilians. Am not positive but
              think it was civilians.</p>
            <p>I am not positive that Col. <persName ref="./glossaries.xml#james_grafton_lee"
              >Lee</persName> was present when this scouting party was discussed but I think Mr.
                <persName ref="./glossaries.xml#converse_rowell">Rowell</persName> was.</p>
            <p>Col. <persName ref="./glossaries.xml#james_grafton_lee">Lee</persName> or Mr.
                <persName ref="./glossaries.xml#converse_rowell">Rowell</persName> made no objection
              to this search for its objects I recalled.</p>
            <p>I do not recollect that the topic was discussed as to whether any Apaches were at
              peace.</p>
            <p>The scouting party first struck the trail in the mountains some 20 miles N.E. from
                <placeName ref="./glossaries.xml#tucson">Tucson</placeName>.</p>
            <p>I was not aware that the party left <placeName ref="./glossaries.xml#tucson"
              >Tucson</placeName> with the intention of taking that trail.</p>
            <pb n="30"/>
            <p>I know that the intention of the party in leaving was to kill Apache Indians,
              wherever they found them.</p>
            <p>They intended to be guided entirely by indications.</p>
            <p>I believe the party followed a particular trail.</p>
            <p>I saw Indian signs on this trail.</p>
            <p>I saw horse tracks, also moccasin tracks.</p>
            <p>To the best of my judgement the tracks were not over 24 hours old.</p>
            <p>I think the party continued on that trail.</p>
            <p>The Party followed the trail to <placeName ref="./glossaries.xml#san_pedro_river">San
                Pedro river</placeName>.</p>
            <p>I do not know whether the party that separated followed the road or not.</p>
            <pb n="31"/>

          </div>

          <!-- Rowel's redirect of Etchells pg. 31 -->

          <div type="testimony">

            <head>
              <persName ref="./glossaries.xml#converse_rowell">Rowell</persName>
            </head>

            <p>The meetings had been held for 2 or 3 weeks prior to the expedition--probably 3 or 4.</p>
            <p>I believe Mr. <persName ref="./glossaries.xml#john_anderson">John Anderson</persName>
              was chairmen at one of those meetings.</p>
            <p>I saw Col. <persName ref="./glossaries.xml#james_grafton_lee">Lee</persName> at one
              of those meetings.</p>
            <p>I saw Mr. <persName ref="./glossaries.xml#converse_rowell">Rowell</persName> present
              during the whole of one of these meetings.</p>
            <p>The subject of the Indian question generally was discussed at that meeting. Mr.
                <persName ref="./glossaries.xml#converse_rowell">Rowell</persName> was one of the
              Speakers at that meeting.</p>
            <p>I have heard Mr. <persName ref="./glossaries.xml#converse_rowell">Rowell</persName>
              speak once publicly in <placeName ref="./glossaries.xml#tucson">Tucson</placeName>.</p>
            <p>That time was during the session of the Legislature I think.</p>
            <p>I think the meeting Mr. <persName ref="./glossaries.xml#converse_rowell"
              >Rowell</persName> addressed was in January.</p>
            <p>The Party discovered enough moccasin tracks <pb n="32"/> to assure us it was an Indian
              trail.</p>

          </div>

          <!-- McCaffrey reexamines Etchell's pg. 32 -->

          <div type="testimony">

            <head>
              <persName ref="./glossaries.xml#james_mccaffrey">McCaffrey</persName>
            </head>

            <p>I do not recollect the burden of Mr. <persName ref="./glossaries.xml#converse_rowell"
                >Rowell</persName>'s remarks at the meeting I speak of, of the expedition.</p>
            

          </div>

        </div>

        <!-- New witness: Lee -->

        <div type="witness">

          <p>Mr. <persName ref="./glossaries.xml#james_lee">Lee</persName> called and sworn says.</p>

          <!-- No head here -->

          <div type="testimony">

            <p>I resided in <placeName ref="./glossaries.xml#tucson">Tucson</placeName> in April
              last.</p>
            <p>I know of an armed party leaving <placeName ref="./glossaries.xml#tucson"
              >Tucson</placeName> about 28th or 29th of April.</p>
            <p>I suppose the party numbered about 100 comprising Americans Indians and Mexicans.</p>
            <p>The Party proceeded towards the <placeName ref="./glossaries.xml#san_pedro_river">San
                Pedro River</placeName> about 35 or 40 miles from <placeName
                ref="./glossaries.xml#camp_grant">Camp Grant</placeName>.</p>
            <p>The Party arrived at that point about 9 o'clock A.M.</p>
            <p>The Party at that point went into Camp until afternoon, about 3 or 4 o'clock P.M.</p>
            <p>They then went down the <placeName ref="./glossaries.xml#san_pedro_river">San <pb n="33"/>
                Pedro river</placeName> towards <placeName ref="./glossaries.xml#camp_grant"
              >Grant</placeName> about 20 or 25 miles.</p>
            <p>They then went further down the <placeName ref="./glossaries.xml#san_pedro_river">San
                Pedro</placeName> leaving that river they followed an Indian trail to the <term
                corresp="./glossaries.xml#rancheria">Rancheria</term>.</p>
            <p>The latter was located partly in a canyon (<placeName
                ref="./glossaries.xml#aravypa_cañon">Aryvypa</placeName>) and partly on a Bluff.</p>
            <p>On arriving at the <term corresp="./glossaries.xml#rancheria">Rancheria</term> the
              party shot and killed what Indians they could.</p>
            <p>Mr. <persName ref="./glossaries.xml#william_oury">Wm. S. Oury</persName> was of that
              party. I did not see <persName ref="./glossaries.xml#juan_elias">Juan Elias</persName>
              with that party.</p>
            <p>There are parties indicated who were not there at all.</p>
            <p>A portion of the party were those indicted. After the attack the party proceeded back
              to the <placeName ref="./glossaries.xml#san_pedro_river">San Pedro</placeName>.</p>
            <p>Mr. <persName ref="./glossaries.xml#sidney_delong">DeLong</persName> was not of the
              party at the time of the attack.</p>
            <p>I last saw Mr. <persName ref="./glossaries.xml#d_a_bennett">Bennett</persName> Mr.
                <persName ref="./glossaries.xml#sidney_delong">DeLong</persName> Mr. <persName
                ref="./glossaries.xml#charles_etchells">Etchells</persName> and <persName
                ref="./glossaries.xml#david_foley">Foley</persName> about 12 miles from the <term
                corresp="./glossaries.xml#rancheria">Rancheria</term>. I next saw the above men
              about 10 or 11 o'clock in the morning abut 10 miles above <placeName
                ref="./glossaries.xml#camp_grant">Camp Grant</placeName>.</p>
            <pb n="34"/>
            <p>They came up the main road from <placeName ref="./glossaries.xml#camp_grant">Camp
                Grant</placeName>.</p>
            <p>On the occasion of the fight I believe there were some prisoners taken--children.</p>
            <p>After getting together the party came towards <placeName
                ref="./glossaries.xml#tucson">Tucson</placeName>.</p>

          </div>

          <div type="testimony">

            <head>
              <persName ref="./glossaries.xml#james_mccaffrey">McCaffrey</persName>
            </head>

            <!-- cross exam of Lee, p.34 -->

            <p>Meetings were held at <placeName ref="./glossaries.xml#tucson">Tucson</placeName>
              prior to the expedition.</p>
            <p>I was present twice.</p>
            <p>The objects of the expedition were discussed.</p>
            <p>The objects were to hunt Indians, and get them away from the vicinity around
                <placeName ref="./glossaries.xml#tucson">Tucson</placeName>.</p>
            <p>As well as I can remember they were stealing from once to twice a week.</p>
            <p>They were stealing from <placeName ref="./glossaries.xml#tucson">Tucson</placeName>
              and its vicinity <placeName ref="./glossaries.xml#san_xavier">San Xavier</placeName>.</p>
            <p>At those meetings I do not know whether there were present any U.S. Officers civil or
              military.</p>
            <p>The reason we followed the trail was because the Indians <pb n="35"/> had stolen cattle from
                <placeName ref="./glossaries.xml#san_xavier">San Xavier</placeName> some days
              before.</p>
            <p>I know the cattle had been driven over that trail by the tracks.</p>
            <p>That trail has generally been used by the Indians in driving off stock from about
                <placeName ref="./glossaries.xml#san_xavier">San Xavier</placeName>. </p>
            <p>It was the intention of the party to follow the trail wherever it went to. I was one
              of the trailers myself. We travelled party by day, partly by night. Part of the time
              it was moonlight but we could follow the track without that.</p>
            <p>It was the custom of the party to go into camp when we could not distinguish the
              trail easily.</p>
            <p>The point on that trail of a previous fight was pointed out where a band <pb n="36"/> of
              Indians had stolen cattle from <placeName ref="./glossaries.xml#san_xavier">San
              Xavier</placeName>; been followed and one man killed probably about 10 days before, to
              the best of my knowledge.</p>
            <p>Don't know certainly whether that same trail was followed to the <term
                corresp="./glossaries.xml#rancheria">rancheria</term> as a company of Cavalry horses
              had passed over the trail.</p>
            <p>We followed Indian signs to the <term corresp="./glossaries.xml#rancheria"
              >rancherias</term>.</p>
            <p>After leaving the <term corresp="./glossaries.xml#rancheria">rancheria</term>saw one
              Indian at the camp on the <placeName ref="./glossaries.xml#san_pedro_river">San
              Pedro</placeName>.</p>
            <p>I saw an Indian, that some of the party had killed from a horse that was said to
              belong to <persName ref="./glossaries.xml#leopoldo_carrillo">Carrillo</persName>. By
              them I mean some of those indicated.</p>
            <p>The owner of the horse was there and claimed it to be his and that it had been
              stolen.</p>
            <p><persName ref="./glossaries.xml#jesus_mangia">Jesus Mangia</persName> said "that is
              the horse that was stolen when the cattle were stolen."</p>
            <p>This was about 10 or 12 <pb n="37"/> miles from the <term
                corresp="./glossaries.xml#rancheria">rancheria</term>.</p>


          </div>

          <div type="testimony">

            <head>
              <persName ref="./glossaries.xml#converse_rowell">Rowell</persName>
            </head>

            <!-- Redirect of Lee by Rowell p. 37 -->

            <p>I said it was customary to go into Camp when it was too dark to follow the trail.</p>
            <p>About 2/3 of the march was made in the night going out.</p>

          </div>

          <div type="testimony">

            <head>
              <persName ref="./glossaries.xml#james_mccaffrey">McCaffrey</persName>
            </head>

            <!-- McCaffrey reexamines Lee p. 37 -->

            <p>It was the custom to travel until the moonlight disappeared and then encamp.</p>
            <p>There was moonlight while we were on the march.</p>
            <p>I have been on the march.</p>
            <p>I have been on Indian scouts before many times. It is customary to travel mostly at
              night.</p>

            <!-- Not sure how to format this. A paper is read from Army headquarters by Mr. Rowell -->

            <p>Paper from Head Qtrs of the Army read by Mr. <persName
                ref="./glossaries.xml#converse_rowell">Rowell</persName>.</p>
            <pb n="38"/>

          </div>

        </div>

      </div>

      <!-- New Day! p. 38 -->

      <div type="day">

        <head>The United States versus <persName ref="./glossaries.xml#sidney_delong">Sidney R.
            DeLong</persName> et al.</head>

        <p>Dec. 7 Defence opened. <persName ref="./glossaries.xml#james_mccaffrey"
          >McCaffrey</persName> addresses the Jury.</p>

        <p>Mr. <persName ref="./glossaries.xml#willard_rice">Willard Rice</persName> called and
          sworn says</p>

        <div type="witness">

          <div type="testimony">

            <head>
              <persName ref="./glossaries.xml#james_mccaffrey">McCaffrey</persName>
            </head>

            <p>I have resided in <placeName ref="./glossaries.xml#prescott">Prescott</placeName> and
              vicinity for the last 6 or 7 years.</p>
            <p>I have been connected with Indian scouts from that vicinity.</p>

          </div>

          <!-- Rowell makes an objection p. 38 -->

          <div type="testimony">

            <head>
              <persName ref="./glossaries.xml#converse_rowell">Rowell</persName>
            </head>

            <p><persName ref="./glossaries.xml#converse_rowell">Rowell</persName> makes an objection
              to the line of defence in bringing the present testimony. Evidence admitted by court.</p>

          </div>

          <div type="testimony">

            <head>
              <persName ref="./glossaries.xml#james_mccaffrey">McCaffrey</persName>
            </head>

            <p>I have been employed with military scouts as guide at <placeName
                ref="./glossaries.xml#camp_whipple">Camp Whipple</placeName>, <placeName
                ref="./glossaries.xml#camp_date_creek">Camp Date Creek</placeName>, and <placeName
                ref="./glossaries.xml#camp_verde">Camp Verde</placeName> for three or four years
              during that time.</p>
            <p>I have been with military parties who have attacked Indians, twelve or fifteen times.</p>
            <p>When they are following Indian trails, they travel as circumstances dictate by day or
              night.</p>
            <pb n="39"/>
            <p>If it is best to travel by night then by night. If best to by day then by day.</p>
            <p>Scouting Parties first discovered the situation at the <term
                corresp="./glossaries.xml#rancheria">Rancheria</term> and make a sudden attack
              killing as many as possible without discriminating between men women or children.</p>
            <p>They cannot discriminate until the fighting is over.</p>
            <p>The proceeding up to the attack is conducted as far as possible with secrecy.</p>
            <p>Perhaps in all 200 Indians have been killed in my experience with scouting parties.
              In one attack 3 captives were taken in another four altogether.</p>
            <p>The Indians never wait for an attack as far as my knowledge extends if they know it
              is coming.</p>
            <pb n="40"/>
            <p>I have known of civilians fitting out an attack upon Indians upon several occasions.</p>
            <p>These attack by civilians were not objected to by the Military Authorities.</p>

          </div>

          <div type="testimony">

            <!-- Cross examination by Rowell p. 40 -->

            <head>
              <persName ref="./glossaries.xml#converse_rowell">Rowell</persName>
            </head>

            <p>I do not know of any attack ever made by Civilians upon Indians as prisoners or
              otherwise under Military protection.</p>
            <p>All the prisoners I recalled of in my scouting experience were one woman and 3
              children.</p>
            <p>I never knew of a case of attack upon Indians by civilians while they were under
              military protection.</p>
            <p>With one exception all my scouting has been under the Military as Guide.</p>

          </div>

        </div>


        <div type="witness">

          <p><persName ref="./glossaries.xml#rais_mendoza">Rais Mendoza</persName> called and sworn</p>

          <div type="testimony">

            <head>
              <persName ref="./glossaries.xml#james_mccaffrey">McCaffrey</persName>
            </head>

            <p>I know something of an <pb n="41"/> expedition starting from <placeName
                ref="./glossaries.xml#tucson">Tucson</placeName> in April last and killing some
              Indians in the vicinity of <placeName ref="./glossaries.xml#camp_grant">Camp
              Grant</placeName>.</p>
            <p>In April last I resided in <placeName ref="./glossaries.xml#san_xavier">San
              Xavier</placeName>.</p>
            <p>I know of some cattle and horses having been stolen in the vicinity of <placeName
                ref="./glossaries.xml#san_xavier">San Xavier</placeName> in April last by the
              Indians.</p>
            <p>The stealing occurred about the middle of April last.</p>
            <p>Some persons followed the trail of these thieves and cattle and horses.</p>
            <p>Those persons were himself <persName ref="./glossaries.xml#juan_elias">Juan
                Elias</persName>,<persName ref="./glossaries.xml#jesus_mangia">Jesus
              Mangia</persName>, <persName ref="./glossaries.xml#tomas_elias">Tomas
              Elias</persName>, <persName ref="./glossaries.xml#refugia_pacheco">Refugia
              Pacheco</persName>, one man unknown, <persName
                ref="./glossaries.xml#william_zeckendorf">Wm. Zeckendorf</persName> and <persName
                ref="./glossaries.xml#ramon_gallego">Ramon Gallego</persName>.</p>
            <p>They followed the trail the other side of the pass of hot water that is about 18
              leagues (54 miles) from <placeName ref="./glossaries.xml#tucson">Tucson</placeName> in
              the direction of <placeName ref="./glossaries.xml#aravypa_cañon">Aryvypa</placeName>.</p>
            <p>I mean the fort which is <pb n="42"/> in the <placeName ref="./glossaries.xml#aravypa_cañon"
                >Aryvypa</placeName>.</p>
            <p>They caught up with the Indians and killed one Indian.</p>
            <p>They recovered 5 horses and cattle.</p>
            <p>The Indian killed said nothing but merely screamed.</p>
            <p>The 5 horses recovered were some of those that had been stolen.</p>
            <p>The Indians were riding the same horses that they had stolen.</p>
            <p>I saw 3 Indians mounted on 3 horses leaving from where the party had killed that one
              Indian.</p>
            <p>I know the horses the Indians were riding.</p>
            <p>The were known as the horses of <persName ref="./glossaries.xml#francisco_corrillo"
                >Francisco Corrillo</persName>.</p>
            <p>I had seen the horses in the possession of <persName
                ref="./glossaries.xml#francisco_corrillo">Francisco Corrillo</persName> before that
              time.</p>
            <p>One of the horses afterward got away from the Indians and came back about 8 days
              after.</p>
            <p>I afterward saw one of the <pb n="43"/> other 2 horses.</p>
            <p>I saw that horse when they went out on the expedition.</p>
            <p>I saw it about 4 miles this side of the <term corresp="./glossaries.xml#rancheria"
                >rancheria</term>.</p>
            <p>An Indian had the horse pulling it along.</p>
            <p>He was leading it in the direction of the <term corresp="./glossaries.xml#rancheria"
                >rancheria</term>. The Indian died, and the horse was brought along.</p>
            <p>I was with the party from here to <placeName ref="./glossaries.xml#camp_grant">Camp
                Grant</placeName>.</p>
            <p>I left <placeName ref="./glossaries.xml#san_xavier">San Xavier</placeName> with some
                <term corresp="./glossaries.xml#papago_indians">Papago</term> who had invited me to
              go on an expedition <!-- unsure of the word here, maybe against --> against Indians
              but I knew nothing of the organization here at the time.</p>
            <p>I started out with them to follow the trail of the theft before mentioned.</p>
            <p>They did follow this trail. They followed the trail to somewhere reaching there in 2
              days and one night.</p>
            <p>They travelled one day laid over one night and traveled the next day and night.</p>
            <pb n="44"/>
            <p>The last camp before reaching the <term corresp="./glossaries.xml#rancheria"
                >rancheria</term> was at <placeName ref="./glossaries.xml#san_pedro_river">San
              Pedro</placeName>.</p>
            <p>They left that camp in the afternoon. The were still on the same trail.</p>
            <p>They continued to follow the trail.</p>
            <p>They followed the trail all the time until reaching the <term
                corresp="./glossaries.xml#rancheria">rancheria</term>.</p>
            <p>Upon coming near the <term corresp="./glossaries.xml#rancheria">rancheria</term> 3
              trails divided; each one took the trail he pleased and I took the middle one that lead
              up on the hill.</p>
            <p>While I was following the trail one of my companions cries "look out" and I saw an
              arrow fly at me and afterwards saw another arrow shot at me.</p>
            <p>After the 2 arrows had been shot the firing commenced.</p>
            <p>They were there in the immediate vicinity of the <term
                corresp="./glossaries.xml#rancheria">Rancheria</term>. I saw who shot the arrow at
              me.</p>
            <p>It was an Apache Indian.</p>
            <p>On my return I was in the <term corresp="./glossaries.xml#rancheria">Rancheria</term>
              after the attack.</p>
            <pb n="45"/>
            <p>The Indian who fired the arrows at me was on the point of a mountain and others a
              little below.</p>
            <p>This Indian was killed.</p>
            <p>He was a big Indian. He was a middle aged man.</p>
            <p>I saw nothing but dead in the <term corresp="./glossaries.xml#rancheria"
              >rancheria</term>.</p>
            <p>I saw no property there.</p>
            <p>I have lived at <placeName ref="./glossaries.xml#san_xavier">San Xavier</placeName> 4
              years.</p>
            <p>During that time I know of Horses and cattle having been stolen from myself and
              neighbors, so often I could not keep count of the times.</p>
            <p>The stolen cattle were followed at different times by parties of sometimes five
              sometimes 10 or 13.</p>
            <p>Generally in the mountains of <placeName ref="./glossaries.xml#aravypa_cañon"
              >Aryvypa</placeName>.</p>
            <p>Sometimes those parties were successful, sometimes not.</p>
            <p>About 4 or 5 times from <placeName ref="./glossaries.xml#tucson">Tucson</placeName>
              and about 6 times from <placeName ref="./glossaries.xml#san_xavier">San
              Xavier</placeName> cattle have been stolen during the past year.</p>
            <pb n="46"/>
            <p>Sometimes the trail has been followed and sometimes not.</p>
            <p>The cattle were always driven to the <placeName ref="./glossaries.xml#aravypa_cañon"
                >Aryvypa</placeName>.</p>
            <p>It was after the attack on the <term corresp="./glossaries.xml#rancheria"
              >rancheria</term> that I saw the Indian leading the horse.</p>
            <p>It was the same day of the attack.</p>
            <p>I am positive that I identified the horse.</p>
            <p>Over a year I had known the horse. I am positive that it was the same horse that was
              stolen by the Indians and whose trail I had followed 2 weeks before. The attack on the
                <term corresp="./glossaries.xml#rancheria">Rancheria</term> was made about sunrise.</p>

          </div>

          <div type="testimony">

            <head>
              <persName ref="./glossaries.xml#converse_rowell">Rowell</persName>
            </head>
            <p>When we were first discovered by the Indians we were 20 or 30 yards from the <term
                corresp="./glossaries.xml#rancheria">rancheria</term>.</p>
            <p>When we came upon the Indians I don't know what they were doing: when they heard the
              noise they were running from the huts. We came up on the rear of the huts.</p>
            <pb n="47"/>
            <p>Saw no more than 2 arrows fired.</p>
            <p>The party first attacked where I was on the bluffs then they halloed and the <term
                corresp="./glossaries.xml#papago_indians">Papagoes</term> attacked below.</p>
            <p>I saw about 60 or 70 dead bodies altogether.</p>
            <p>I did no go over all the parts of the Camp.</p>
            <p>Where we went into Camp where we saw the horse, and the Indian died, it was 3 or 4
              miles from the <term corresp="./glossaries.xml#rancheria">rancheria</term>.</p>
            <p>We had a talk with the Indian that was on the horse.</p>
            <p>They killed the Indian that was leading the horse.</p>
            <p>Mexicans have stolen horses from the vicinity within a year and a half.</p>
            <p>It was 10 or 12 days between the time the scout went out after the stolen horses, and
              the expedition to <placeName ref="./glossaries.xml#camp_grant">Camp Grant</placeName>.</p>
            <p>In the expedition that went to <placeName ref="./glossaries.xml#camp_grant">Camp
                Grant</placeName> there were over 100 men.</p>
            <pb n="48"/>
            <p>All the trails of cattle stolen during the last year have led towards the <placeName
                ref="./glossaries.xml#aravypa_cañon">Aryvypa</placeName>. I can only remember one
              stealing during the months of February March and April.</p>
            <p>I saw one captive Indian.</p>
            <p>At the time the arrows were fired there were about 4 men near me.</p>
            <p>From the time we left the river until we reached the Camp sometimes I was ahead and
              sometimes behind.</p>
            <p>Saw no Americans ahead.</p>
            <p>I joined the expedition on the <placeName ref="./glossaries.xml#rillito"
              >Rillito</placeName>. The expedition was out five days from <placeName
                ref="./glossaries.xml#tucson">Tucson</placeName> and back again.</p>
            <p>The Party came directly back to <placeName ref="./glossaries.xml#tucson"
              >Tucson</placeName>.</p>

          </div>

          <div type="testimony">

            <head>
              <persName ref="./glossaries.xml#james_mccaffrey">McCaffrey</persName>
            </head>

            <p>I saw one gun shot by the Indians, in addition to the 2 arrows. Saw the gun.</p>
            <p>It was a carbine.</p>
            <p>I have been on Scouts before.</p>
            <pb n="49"/>
            <p>After having made an attack it is customary to immediately return generally being in
              small parties.</p>
            <p>The party that went out had no rations.</p>

          </div>

        </div>

        <!-- New witness called: Francisco Carrillo p. 49 -->

        <div type="witness">

          <p><persName ref="./glossaries.xml#francisco_carrillo">Francisco Carrillo</persName>
            called and sworn says</p>

          <div type="testimony">

            <head>
              <persName ref="./glossaries.xml#converse_rowell">Rowell</persName>
            </head>

            <p>I know the obligations of and oath--to say the truth.</p>
            <p>There is punishment for not speaking the truth.</p>

          </div>

          <div type="testimony">

            <head>
              <persName ref="./glossaries.xml#james_mccaffrey">McCaffrey</persName>
            </head>

            <p>In April last I lived at <placeName ref="./glossaries.xml#punta_de_agua">Punta de
                Agua</placeName>.</p>
            <p>At that time I had there cattle and horses.</p>
            <p>From <placeName ref="./glossaries.xml#san_xavier">San Xavier</placeName>, <placeName
                ref="./glossaries.xml#punta_de_agua">Punta de Agua</placeName> is about 2 or 3
              miles.</p>
            <p>In April last property was stolen from me, namely, sixteen horses; I followed them:
              with me was <persName ref="./glossaries.xml#tomas_elias">Tomas Elias</persName>,
                <persName ref="./glossaries.xml#rais_mendoza">Rias Mendoza</persName>, <persName
                ref="./glossaries.xml#jesus_mangia">Jesus Mangia</persName>, <persName
                ref="./glossaries.xml#ramon_gallego">Ramon Gallego</persName>, and <persName
                ref="./glossaries.xml#william_zeckendorf">Wm Zeckendorf</persName>.</p>
            <pb n="50"/>
            <p>We followed the trail toward <placeName ref="./glossaries.xml#camp_grant">Camp
              Grant</placeName>. I went with the party four leagues from here. Did not go on; my
              horse gave out. The Party that did go on brought back 5 horses. I went with a large
              party that started out the latter part of April.</p>
            <p>The took the same trail as the stolen horses.</p>
            <p>They followed that trail till dark and then followed the direction the trail had been
              leading. They went on to the <term corresp="./glossaries.xml#rancheria"
              >rancheria</term>, could not tell whether the trail terminated at the <term
                corresp="./glossaries.xml#rancheria">rancheria</term>.</p>
            <p>At the <term corresp="./glossaries.xml#rancheria">rancheria</term> the party attacked
              the Indians about 8 o'clock of the morning.</p>
            <p>The sun was not very high at the time I got there.</p>
            <p>The fighting was not over when I got there. I was at the <term
                corresp="./glossaries.xml#rancheria">rancheria</term> when the <pb n="51"/> fighting was
              over. I saw some things in the <term corresp="./glossaries.xml#rancheria"
              >rancheria</term>, goods, lead and ammunition, bows and clothing.</p>
            <p>The ammunition was for <term corresp="./glossaries.xml#needle_gun">needle
              guns</term>. I saw various lots of ammunition; bags of it in several huts. I saw about
              200 rounds after leaving the <term corresp="./glossaries.xml#rancheria"
              >rancheria</term>. I was still with the party: one came to <placeName
                ref="./glossaries.xml#tucson">Tucson</placeName>.</p>
            <p>We met Apaches after leaving the <term corresp="./glossaries.xml#rancheria"
              >rancheria</term>. Only one Apache had anything. One had a gun, one had a horse, going
              towards the <term corresp="./glossaries.xml#rancheria">rancheria</term>. They were
              about 3 miles from the <term corresp="./glossaries.xml#rancheria">rancheria</term>
              when we met them. The horse was mine.</p>
            <p>The horse was in my possession the 11th of April.</p>
            <p>Within the year previous to the last of April, horses have been stolen from me almost
              continually.</p>
            <p>During that time about fifty horses and mules, and one hundred head of cattle have
              been stolen from me.</p>
            <pb n="52"/>
            <p>I follow the trail of stolen animals whenever it is fresh.</p>
            <p>My neighbors usually accompany me.</p>
            <p>We seldom recover the stolen property.</p>
            <p>Within that length of time I know of no stock having been recovered by the
            military.</p>
          </div>

          <div type="testimony">

            <head>
              <persName ref="./glossaries.xml#converse_rowell">Rowell</persName>
            </head>

            <p>Between the 1st of February and the 30th of April of the present year stock has been
              stolen about ten times from me.</p>
            <p>Cannot recollect how many cattle I have lost during that time.</p>
            <p>During that time I have lost 8 horses.</p>
            <p>The Party killed the 2 Indians they met coming back from the <term
                corresp="./glossaries.xml#rancheria">rancheria</term>.</p>
            <p>My name is <persName ref="./glossaries.xml#francisco_carrillo">Francisco
              Carrillo</persName>.</p>
            <p>I do not know of any stock having been stolen by Mexicans during the last year.</p>
            <pb n="53"/>

          </div>

        </div>

        <!-- New witness called: John T. Smith p. 49, should read p. 53 -->

        <div type="witness">

          <p><persName ref="./glossaries.xml#john_smith">John T. Smith</persName> called and sworn
            says</p>

          <div type="testimony">

            <head>
              <persName ref="./glossaries.xml#james_mccaffrey">McCaffrey</persName>
            </head>

            <p>I have resided 9 miles south of <placeName ref="./glossaries.xml#tubac"
              >Tubac</placeName> at <placeName ref="./glossaries.xml#bosque_ranch">Bosque
              Ranch</placeName> during the last year.</p>
            <p>Mr. <persName ref="./glossaries.xml#leslie_wooster">Wooster</persName> lived 1 1/2
              miles north of my place.</p>
            <p>Mr. <persName ref="./glossaries.xml#leslie_wooster">Wooster</persName> was killed the
              21st day of March last.</p>
            <p>Received the information of his death at <placeName ref="./glossaries.xml#tubac"
                >Tubac</placeName> from her brother.</p>
            <p>Took a load of men up to <persName ref="./glossaries.xml#leslie_wooster"
              >Wooster's</persName> place with me. I found the body of Mr. <persName
                ref="./glossaries.xml#leslie_wooster">Wooster</persName>. We found the body of Mr.
                <persName ref="./glossaries.xml#leslie_wooster">Wooster</persName> at that time and
              subsequently that of his wife.</p>
            <p>We found his body in the corral back office of his house. The body had been stripped.</p>
            <p>We found the body of his wife in the woods about 300 yards from there.</p>
            <pb n="54"/>
            <p>Her body was stripped and lanced in 3 places and dead.</p>
            <p>Guns ammunition clothing everything was taken from the place and part of the shed
              over the stable was burned.</p>
            <p>No clothing was left whatever.</p>
            <p>Had seen Mr. <persName ref="./glossaries.xml#leslie_wooster">Wooster</persName>
              frequently. Cannot describe his ordinary clothing.</p>
            <p>Noticed particularly a pair of moccasins that he wore. They are the sort of shoe
              commonly called <term corresp="./glossaries.xml#tegua">Tegua</term>.</p>
            <p>They were very heavy of smoked tanned skin.</p>
            <p>The country where I have resided has been very dangerous during the last 3 years.
              Particularly during the last year.</p>
            <p>I am a farmer. Not safe to be out on farm without arms.</p>
            <p>Been six attacks by Indians the last 18 months generally successful except in one
              instance and partly so in that.</p>
            <pb n="55"/>
            <p>During those attacks they the Indians have killed Messrs. <persName>Blanchard</persName>
              <persName>Sanders</persName> and <persName ref="./glossaries.xml#leslie_wooster"
                >Wooster</persName> and his wife also a child of Mr. <persName
                ref="./glossaries.xml#pete_kitchen">Kitchen</persName>'s wife and wounded <persName
                ref="./glossaries.xml#joseph_king">Joseph King</persName>.</p>
            <p>The result of this condition of affairs has been almost total depopulation of the
              country.</p>
            <p>It is the most fertile portion of Southern <placeName ref="./glossaries.xml#arizona"
                >Arizona</placeName>.</p>
            <p>About 3 years ago some 300 or 400 people there now only about 25. Mostly transient.</p>
            <p>The town of <placeName ref="./glossaries.xml#tubac">Tubac</placeName> is wholly
              depopulated.</p>
          </div>

          <div type="testimony">

            <head>
              <persName ref="./glossaries.xml#converse_rowell">Rowell</persName>
            </head>

            <p>I reside about sixty miles south of here. In my neighborhood are <persName
                ref="./glossaries.xml#cochise">Cochise</persName>'s and the <term
                corresp="./glossaries.xml#aryvypa_indians">Aryvypa Indians</term>. <term
                corresp="./glossaries.xml#pinal_indians">Pinal</term> and <term
                corresp="./glossaries.xml#aryvypa_indians">Aryvypa Indians</term> are the same.</p>
            <p>The Indians killed <persName>Blanchard</persName> and <persName>Sanders</persName>
              the 24th of May. Shortly afterward the child of Mrs. <persName
                ref="./glossaries.xml#pete_kitchen">Kitchen</persName> and many robberies have been
              committed at the same time.</p>
          </div>
        </div>
      </div>

      <pb n="56"/>

      <div type="day">
        <head>The United States vs. <persName ref="./glossaries.xml#sidney_delong">Sidney R.
          DeLong</persName> et al.</head>
        <head>Friday Dec. 8th 1871</head>
        <p>Prosecution opened</p>
        <p><persName ref="./glossaries.xml#william_zeckendorf">Wm. Zeckendorf</persName> called and
          sworn</p>
        <div type="witness">
          <div type="testimony">
            <head/>
            <p>I resided in April last at <placeName ref="./glossaries.xml#tucson"
              >Tucson</placeName>. I know of some horses and cattle being stolen on the 12th of
              April last from <placeName ref="./glossaries.xml#san_xavier">San Xavier</placeName> by
              the Apaches. The trail was followed by Mexicans and myself.</p>
            <p>The trail led in a N.E. direction from here towards <placeName
                ref="./glossaries.xml#san_pedro_river">San Pedro river</placeName>: followed the
              trail about 50 miles; caught up with the stolen horses and cattle and killed one
              indian.</p>
            <p>With me were <persName ref="./glossaries.xml#juan_elias">Juan Elias</persName>,
                <persName ref="./glossaries.xml#tomas_elias">Tomas Elias</persName>, <persName
                ref="./glossaries.xml#jesus_mangia">Jesus Mangia</persName>, <persName
                ref="./glossaries.xml#refugio_pecheco">Refugio Pecheco</persName>, <persName
                ref="./glossaries.xml#ramon_gallego">Ramon Gallego</persName>, <persName
                ref="./glossaries.xml#rais_mendoza">Rias Mendoza</persName> and I think 2 or 3
              others whose names I don't know.</p>
            <p>There were 4 Indians altogether. 3 escaped. Don't know how, whether on foot or
              mounted.</p>
            <pb n="57"/>
            <p>I saw the Indian that was killed noticed the body particularly. There was 1
              particular mark that drew my attention to the body. He had one of his front teeth gone
              and noticing closely, as he was a very young Indian, I thought it was knocked out by a
              ball but saw it was not so, upon examination.</p>
            <p>Prior to the last of April of the present year I attended several meetings at
                <placeName ref="./glossaries.xml#tucson">Tucson</placeName> having in view an
              expedition against Indians. At those meetings the subjects discussed were the means of
              protecting ourselves against Indians. At one meeting it was proposed to call on
              General <persName ref="./glossaries.xml#george_stoneman">Stoneman</persName>. Then it
              was proposed to organize a party of civilians to go on a general Indian campaign. </p>
            <p>At some of those meetings <pb n="58"/> I have seen officers but don't remember who they
              were. I do not recollect having seen Mr. <persName
                ref="./glossaries.xml#converse_rowell">Rowell</persName> and did see Col. <persName
                ref="./glossaries.xml#james_grafton_lee">Lee</persName> present at one of those
              meetings.</p>
          </div>

          <div type="testimony">
            <head>
              <persName ref="./glossaries.xml#john_titus">Judge Titus</persName>
            </head>
            <p>The distance from here (<placeName ref="./glossaries.xml#tucson">Tucson</placeName>)
              to <placeName ref="./glossaries.xml#camp_grant">Camp Grant</placeName> is fifty-five
              miles: from <placeName ref="./glossaries.xml#san_xavier">San Xavier</placeName> to
                <placeName ref="./glossaries.xml#camp_grant">Camp Grant</placeName> 65 miles.</p>
            <p><placeName ref="./glossaries.xml#tucson">Tucson</placeName> lies between <placeName
                ref="./glossaries.xml#san_xavier">San Xavier</placeName> and <placeName
                ref="./glossaries.xml#camp_grant">Camp Grant</placeName>. There is a trail from
                <placeName ref="./glossaries.xml#san_xavier">San Xavier</placeName> to <placeName
                ref="./glossaries.xml#camp_grant">Camp Grant</placeName> without going through
                <placeName ref="./glossaries.xml#tucson">Tucson</placeName>.</p>
            <p>By trail I mean Bridle Road; an Indian Road.</p>
          </div>

          <div type="testimony">
            <head>
              <persName ref="./glossaries.xml#converse_rowell">Rowell</persName>
            </head>
            <p>Where we overtook the Indian it was fifty miles from <placeName
                ref="./glossaries.xml#san_xavier">San Xavier</placeName>.</p>
          </div>
        </div>

        <div type="witness">
          <div type="testimony">
            <head><persName ref="./glossaries.xml#granville_oury">G. Oury</persName> ex-during
              absence of <persName ref="./glossaries.xml#james_mccaffrey">McCaffrey</persName></head>
            <p><persName ref="./glossaries.xml#joseph_felman">Joseph Felman</persName> called and
              sworn.</p>

            <p>On the 30th of April last I was living about 3 miles above <placeName
                ref="./glossaries.xml#camp_grant">Camp Grant</placeName>. <pb n="59"/> I have resided at
                <placeName ref="./glossaries.xml#camp_grant">Camp Grant</placeName> 3 years.</p>
            <p>I was residing at <placeName ref="./glossaries.xml#camp_grant">Camp Grant</placeName>
              when an attack was made upon the Indians in that vicinity.</p>
            <p>I am well acquainted with the character of those Indians. I was personally acquainted
              with many of them. Just previous to the attack Indians were in the habit of leaving
              the Indian Camp near <placeName ref="./glossaries.xml#camp_grant">Camp
              Grant</placeName>.</p>
            <p><persName ref="./glossaries.xml#james_mccaffrey">McCaffrey</persName> relieves Mr.
                <persName ref="./glossaries.xml#granville_oury">G. Oury</persName></p>
            <p>I know of some of the Indians having been absent.</p>
            <p>I know they were absent; one party left there about the 5th or 6th of April last.</p>
            <p>They were absent about 8 days. I know when they returned. I noticed the Indians when
              they returned. I saw one Indian with his hair cut off--the Indians sign of mourning. I
              speak the Apache language.</p>
            <pb n="60"/>
            <p>I talked with these Indians after they returned. I missed one of the Indians. I asked
              one where was his brother. Says he "don't say nothing about it. I have lost my
              brother." I asked him how he came to lose his brother. He says he went on a campaign
              near <placeName ref="./glossaries.xml#tucson">Tucson</placeName> or <placeName
                ref="./glossaries.xml#san_xavier">San Xavier</placeName> to bring in some stock,
              that he was followed by the people here of <placeName ref="./glossaries.xml#tucson"
                >Tucson</placeName> and they killed this brother of mine.</p>
            <p>I had other conversation at different times with the Indians.</p>
            <p>The Indian that was killed was behind, he was the only one killed. They lost some of
              the stock they had with them but brought 2 horses into camp; one I am sure. I was
              acquainted with the missing Indian; had seen him frequently, <pb n="61"/> he was an Indian, I
              should judge, of 18 or 20 years of age. His hair had been cropped sometime previous to
              that; had one tooth out in front, upper tooth.</p>
            <p>That was a distinguishing mark to me.</p>
            <p>I had known him at <placeName ref="./glossaries.xml#camp_goodwin">Camp
              Goodwin</placeName>.</p>
            <p>Had known his brother for the same length of time.</p>
            <p>I have never seen the missing Indian since. I have had conversation with the Indians
              at <placeName ref="./glossaries.xml#camp_grant">Camp Grant</placeName> relative to
              other expeditions made by them. One, a petty chief, <persName
                ref="./glossaries.xml#taccan">Taccan</persName>, had told me that he had been
              frequently on expeditions, one at <placeName ref="./glossaries.xml#tres_alamos">Tres
                Alamos</placeName>, one at the <placeName ref="./glossaries.xml#sonoita"
              >Sonoita</placeName>, and at another attack which they made on the <placeName
                ref="./glossaries.xml#camp_grant">Camp Grant</placeName> road.</p>
            <p>They stated how they killed <pb n="62"/>
              <persName ref="./glossaries.xml#leslie_wooster">Wooster</persName> at <placeName
                ref="./glossaries.xml#sonoita">Sonoita</placeName>; shot him in the door: did not
              know the woman was inside but finally found her and took her out in the mesquite and
              killed her there.</p>
            <p>I know an Indian at <placeName ref="./glossaries.xml#camp_grant">Camp
              Grant</placeName> called <persName ref="./glossaries.xml#eskminzin"
              >Eskiminzin</persName>, a chief. Had conversation with him previous to the last of
              April. He stated that he was with the party that killed <persName
                ref="./glossaries.xml#leslie_wooster">Wooster</persName>. I also talked with
                <persName ref="./glossaries.xml#carse">Carse</persName>, a chief. He was interested
              in all the business.</p>
            <p>I mean the killing. He told me that he was accustomed to lead parties from <placeName
                ref="./glossaries.xml#camp_grant">Camp Grant</placeName> on stealing and murdering
              expeditions, was never there at <placeName ref="./glossaries.xml#camp_grant">Camp
                Grant</placeName> more than 2 days at a time. This remark applies to the Indians who
              were at <placeName ref="./glossaries.xml#camp_grant">Camp Grant</placeName> prior to
              the last of April and at that time also.</p>
            <pb n="63"/>
            <p>I asked <persName ref="./glossaries.xml#eskminzin">Eskiminzin</persName> whether he
              had killed Mr. <persName ref="./glossaries.xml#charles_mckinney">McKenney</persName>;
              he said he had. He says "I started for your place to kill you but God told me he was a
              friend of yours and I did not go.</p>
            <p>I then went down below and with these hands and this lance I killed an American down
              below." I understood him to mean Mr. <persName ref="./glossaries.xml#charles_mckinney"
                >McKenney</persName>. He had been talking about <persName
                ref="./glossaries.xml#charles_mckinney">McKenney</persName>; just before. He said "I
              was seeking revenge and was going to take it out on you but God told me you were a
              friend and not to do it." </p>
            <p>I was not at <placeName ref="./glossaries.xml#camp_grant">Camp Grant</placeName> in
              October last when Mr. <persName>Franklin</persName> deputy U.S. Marshall went there. I
              went there 2 days afterwards. When I arrived there I saw <persName
                ref="./glossaries.xml#eskminzin">Eskiminzin</persName>. <pb n="64"/> I stayed there from
              the 1st of November to the 14 and <persName ref="./glossaries.xml#eskminzin"
                >Eskiminzin</persName> was there all that time.</p>
            <p><persName ref="./glossaries.xml#carse">Carse</persName>, <persName
                ref="./glossaries.xml#eskminzin">Eskiminzin</persName> and <persName
                ref="./glossaries.xml#taccan">Taccan</persName> spoke of the affair at <placeName
                ref="./glossaries.xml#tres_alamos">Tres Alamos</placeName>.</p>
            <p>They said they had killed one man first and then ambushed the others following, and
              they (the Indians) got away with no one hurt. About 4 white men were killed they told
              me. They told me this about 3 months ago.</p>
            <p>These 3 Indians spoken of first came into the <placeName
                ref="./glossaries.xml#camp_grant">Camp Grant</placeName> reservation about the
              latter part of February last.</p>
            <p>I have had conversations with the Indians relative to the condition of peace in which
              they stood. 
              
              <pb n="65"/> 
              They have told me their understanding of the conditions of Peace.</p>
            <p>They were to remain on the reservations; to be rationed and clothed if possible, and
              the men to be peaceable and not to go out to war, and the Government would protect
              them on the reservation.</p>
            <p>That whenever they wished to leave the reservation they were to get leave of absence,
              which they got from time to time from 1 to 7 days in different parties. I had good
              opportunities of observing the Indians as to how they conducted themselves because I
              was living close to them and frequently some of them stayed with me at night.</p>
            <p>I saw property with the Indians then that I recognized, <pb n="66"/> namely arms, horses,
              mules, clothes and saddles. The arms were improved <term
                corresp="./glossaries.xml#needle_gun">needle guns</term> stamped A.T.</p>
            <p>I saw 3 stamped guns stamped on the breach. I called the attention of Lt.
                <persName>Calhoun</persName> and I think that of Mr. <persName
                ref="./glossaries.xml#frederick_austin">Austin</persName> to the fact of these guns
              being in the possession of these Indians.</p>
            <p>I saw the 3 stamped guns with the Indians between the 1 and 14 of last November.</p>
            <p>I saw in the possession of these Indians a mare belonging to the Mail Rider who was
              killed near <placeName ref="./glossaries.xml#tucson">Tucson</placeName>. She had on a
              brand Mr. <persName ref="./glossaries.xml#frederick_contzen">Contzen</persName> gave
              me. One government horse branded U.S. "K" Troop 1st Cavalry. One American mule owned
              by Mr. <persName ref="./glossaries.xml#james_speedy">Speedy</persName> now. One grey
              mare since dead been bought by a <pb n="67"/> Mexican and taken away from him by someone at
                <placeName ref="./glossaries.xml#tucson">Tucson</placeName>. I saw in the possession
              of the Indians at <placeName ref="./glossaries.xml#camp_grant">Camp Grant</placeName>
              a blanket answering the description of the one taken from the mail rider who was
              killed. It was a dark colored wool blanket with the red and black stripes mixed.</p>
            <p>I never saw a similar blanket. The Indians had some women's clothes. I saw none I
              recognized.</p>
            <p>The saddle I saw was a McClellan saddle taken from man that was killed on an
              expedition with Governor <persName ref="./glossaries.xml#anson_safford"
              >Safford</persName>.</p>
            <p>The man's name was <persName ref="./glossaries.xml#david_nunes">David
              Nunes</persName>.</p>
            <p>The saddle is now as far as I know in the possession of a lame Indian at <placeName
                ref="./glossaries.xml#camp_grant">Camp Grant</placeName>. I saw the last article
              between the 10 of October 
              
              <pb n="68"/> 
              
              and the 14th of November last.</p>
          </div>

<!--pb fixed by Jihan until 70. 10/24/08 -->
          
          <div type="testimony">
            <head>
              <persName ref="./glossaries.xml#converse_rowell">Rowell</persName>
            </head>
            <p>These articles were all seen since the 30th of April last--excepting the arms.</p>
            <p>I had the conversation with <persName ref="./glossaries.xml#carse">Carse</persName>
              before the 30th of April last.</p>
            <p>It was soon after the stealing of the stock at <placeName
                ref="./glossaries.xml#san_xavier">San Xavier</placeName>, and the killing of the
              Indian. He had been on and off the reservation since the 1st of February last.</p>
            <p>He had been absent off and on for from 5 to 15 days at a time. I think it was in
              March or April last that Mr. <persName ref="./glossaries.xml#leslie_wooster"
              >Wooster</persName> was killed.</p>
            <p>It was <persName ref="./glossaries.xml#carse">Carse</persName> and <persName
                ref="./glossaries.xml#taccan">Taccan</persName> that were talking to me about the
              killing of <persName ref="./glossaries.xml#leslie_wooster">Wooster</persName>.</p>
            <p><persName ref="./glossaries.xml#taccan">Taccan</persName> was on the reservation
              before and after the killing of Mr. <persName ref="./glossaries.xml#leslie_wooster"
                >Wooster</persName>.</p>
            <p><persName ref="./glossaries.xml#eskminzin">Eskiminzin</persName> was the first male
              Indian that <pb n="69"/> came into the reservation in February last.</p>
            <p>I know the blanket belonged to the Mail Rider from the description given me by his
              friends.</p>
            <p>I saw the blanket first between the 10 and the last of October. That was also the
              last I saw it and it is out there now as far as I know.</p>
            <p>I understood from the Indian that the killing of <persName
                ref="./glossaries.xml#charles_mckinney">McKenney</persName> was out of revenge.</p>
            <p>The Indian had 2 wives killed and one child in the <term
                corresp="./glossaries.xml#camp_grant_massacre">Grant Affair</term>. The Indians in
              revenge repay life for life 10 to one.</p>
            <p>I did not notify the Commanding Officer of <placeName
                ref="./glossaries.xml#camp_grant">Camp Grant</placeName> Col. <persName
                ref="./glossaries.xml#frank_stanwood">Stanwood</persName> of the presence of
                <persName ref="./glossaries.xml#eskminzin">Eskiminzin</persName> in November last.</p>
            <p>I have not made <placeName ref="./glossaries.xml#camp_grant">Camp Grant</placeName>
              my home since the 14th of November last.</p>
            <pb n="70"/>
            <p>The affair at <placeName ref="./glossaries.xml#tres_alamos">Tres Alamos</placeName>
              occurred early in the year.</p>
            <p>I had the conversation with <persName ref="./glossaries.xml#carse">Carse</persName>,
                <persName ref="./glossaries.xml#taccan">Taccan</persName> and <persName
                ref="./glossaries.xml#eskminzin">Eskiminzin</persName> prior to the 30th of April
              last.</p>
            <p>The Indians in conversation said they did not like to stay at <placeName
                ref="./glossaries.xml#camp_grant">Camp Grant</placeName> to be bound down.</p>
            <p>They wanted to get out to the mountains to hunt and make <term
                corresp="./glossaries.xml#mescal">mescal</term>.</p>
            <p>They would get leave of absence in numbers from 1 to 20 sometimes the whole tribe to
              the number of 50 or 60. <persName ref="./glossaries.xml#taccan">Taccan</persName> used
              to take his whole tribe, most every month. He with his whole tribe went out in
              February then again in March last. He and his tribe also went between the 1 and 14 of
              November--on leave at all times excepting the last.</p>
            <pb n="71"/>
            <p>I know not of any persons claiming any of the things I saw in the possession of the
              Indians. From the Commanding Officer I know of no persons reporting any of the
              depredations committed by the Indians to the Commanding Officer of <placeName
                ref="./glossaries.xml#camp_grant">Camp Grant</placeName>.</p>
            <p>I have known the Indian who was in possession of the saddle I speak of for six years.</p>
            <p>It is customary for the Indians to sometimes trade the stolen property in their
              possession with each other: if it is good property they do not dispose of it very
              often. They generally keep it if it is good property. They value most a good rifle,
              horses, mules, saddle and blankets. Rifles best. Could not buy a good rifle from them
              at any money.</p>
            <p>I have been in good employ at <placeName ref="./glossaries.xml#camp_grant">Camp
              Grant</placeName> for <pb n="72"/> 2 years and six months as a good blacksmith.</p>
          </div>

          <div type="testimony">
            <head>
              <persName ref="./glossaries.xml#john_titus">Judge</persName>
            </head>
            <p><persName ref="./glossaries.xml#eskminzin">Eskiminzin</persName> is a chief of the
                <term corresp="./glossaries.xml#pinal_indians">Pinal tribe</term>.</p>
          </div>

          <div type="testimony">
            <head>
              <persName ref="./glossaries.xml#james_mccaffrey">McCaffrey</persName>
            </head>
            <p>About 50 persons compose <persName ref="./glossaries.xml#eskminzin"
              >Eskiminzin</persName>'s tribe, men, women and children.</p>
          </div>

          <div type="testimony">
            <head>Juror</head>
            <p>The parties leaving the camp on leave are permitted to take their arms with them.
              They have never been deprived of their arms at any time.</p>
            <p>I have been familiar with the conditions of prisoners of war for 16 years.</p>
            <p>It is always the practice of Government to deprive prisoners of war of their
            arms.</p>
          </div>

          <div type="testimony">
            <head>Juror</head>
            <p>I have served in the U.S. Army from a private up to 1st Lieutenant.</p>

            <pb n="73"/>

            <p>The <term corresp="./glossaries.xml#rancheria">rancheria</term> was in no particular
              place, cannot keep them in any one place more than 2 or 3 days at a time.</p>
            <p>The <term corresp="./glossaries.xml#rancheria">rancheria</term> attacked on the 30th
              of April was between 4 and 5 miles from the flag staff at the post.</p>
          </div>

          <div type="testiony">
            <head>Juror</head>
            <p>Never knew of any troops guarding these Indians with the exception of 3 put in the
              guard house.</p>
          </div>

          <div type="testimony">
            <head>
              <persName ref="./glossaries.xml#james_mccaffrey">McCaffrey</persName>
            </head>
            <p>Hat produced. I know it. The hat has been at mine or Mr. <persName
                ref="./glossaries.xml#frederick_austin">Austin</persName>'s ranch probably a hundred
              times and was owned by an old Indian.</p>
            <p>The Indian who owned the hat has been off and on the reservation ever since
            February.</p>
          </div>

          <div type="testimony">
            <head>
              <persName ref="./glossaries.xml#converse_rowell">Rowell</persName>
            </head>
            <p>That is not the only hat of that description among the Indians, but I have frequently
              seen the hat before and I know <pb n="74"/> it because the Indian used to come to my house to
              pack flour in it.</p>
            <p>I saw it last at <placeName ref="./glossaries.xml#camp_grant">Camp Grant</placeName>
              last August.</p>
            <p>I saw it last here in <placeName ref="./glossaries.xml#tucson">Tucson</placeName>
              when it was brought here a month or five weeks ago.</p>
          </div>
        </div>

        <div type="witness">
          <div type="testimony">
            <p>Lt. <persName ref="./glossaries.xml#william_ross">Ross</persName> called and sworn.</p>
            <p>I am 2nd Lt. 21st Infantry and present aide de camp to General <persName
                ref="./glossaries.xml#george_crook">Crook</persName>.</p>
            <p>I reported for duty at <placeName ref="./glossaries.xml#camp_crittenden">Camp
                Crittenden</placeName> in August 1869 and have been there till the 30th of June of
              the present year. </p>
            <p>I know of an Indian attack in that vicinity last spring. Mr. <persName
                ref="./glossaries.xml#samuel_hughes">Hughes'</persName>
              <term corresp="./glossaries.xml#rancheria">rancheria</term> attacked about 17th of
              March last. Mr. <persName ref="./glossaries.xml#samuel_hughes">Hughes</persName>'s
              ranch is about 2 miles from <placeName ref="./glossaries.xml#camp_crittenden">Camp
                Crittenden</placeName>.</p>
            <pb n="75"/>
            <p>We were promptly notified of the attack and I at once went down with 10 men, half of
              the command.</p>
            <p>At Mr. <persName ref="./glossaries.xml#samuel_hughes">Hughes'</persName> Ranch we
              found that Mr. <persName>Cook</persName>, an employee of Mr. <persName
                ref="./glossaries.xml#samuel_hughes">Hughes</persName>, had been killed and
              everything taken out of the house that could be carried and the rest destroyed so as
              to render it of no further use.</p>
            <p>We found Mr. <persName>Cook</persName>'s body filled with arrows after evidently
              having been killed with gunshot wound. One arrow head was left in the wrist but could
              not find any arrows. They had all been taken out. We made search next day and found
              one arrow; evidently one that they had overlooked <pb n="76"/> driven in the ploughed ground
              at the edge of a field. This arrow is now at <placeName
                ref="./glossaries.xml#camp_crittenden">Camp Crittenden</placeName> and experts have
              told me it is an arrow belonging to the tribe of Indians on the Reservation at
                <placeName ref="./glossaries.xml#camp_grant">Camp Grant</placeName>. I had the trail
              of the Indians followed for 4 or 5 miles--far enough to know it was heading towards
              the <placeName ref="./glossaries.xml#santa_cruz">Santa Cruz</placeName>. Four days
              before the killing of Mr. <persName ref="./glossaries.xml#leslie_wooster"
              >Wooster</persName>, they were heading towards his place.</p>
            <p>I have seen other places where Indians have made attack.</p>
            <p>Never before saw a place where they had taken off all the arrows.</p>
            <p>My opinion as to their carrying off their arrows was that they wished to avoid
              identification. I have been twice at every post in the territory <pb n="77"/> and don't think
              it safe to travel anywhere without a large party.</p>
            <p>At no time since I have been here has it been safe to travel without a large
              party--in my opinion.</p>
            <p>It has been the custom for military authorities to encourage expeditions against
              Indians by citizens.</p>
            <p>There are orders on file from different bureaus of the war department of the
              government to provide citizen parties against Indians with arms, ammunition and
              subsistence. There is also a similar order from Gen. <persName
                ref="./glossaries.xml#george_stoneman">Stoneman</persName>. Under that order I fed
              the entire command of Gov. <!-- no idea  bottom 77--> where he went on an Indian scout
              in the summer of last year.</p>
            <pb n="78"/>
            <p>I have noticed the farmers at work on their ranches, in different parts of the
              Territory.</p>
            <p>They always have their arms on their person at work or intend to have them in reach
              for fear of Indians.</p>
          </div>

          <div type="testimony">
            <head>
              <persName ref="./glossaries.xml#converse_rowell">Rowell</persName>
            </head>
            <p>It is not customary to fit out parties to attack friendly Indians.</p>
            <p>It is not customary to fit out parties either citizens or military against Indians
              who are claimed to be under military protection and friendly.</p>
          </div>
        </div>

        <div type="witness">
          <div type="testimony">
            <head>
              <persName ref="./glossaries.xml#james_mccaffrey">McCaffrey</persName>
            </head>
            <p><persName ref="./glossaries.xml#james_cornelius">James Cornelius</persName> called
              and sworn says:</p>
            <p>I was at <placeName ref="./glossaries.xml#camp_grant">Camp Grant</placeName> on the
              20 or 21 of September last.</p>
            <p>I with others was there prospecting for minerals.</p>
            <pb n="79"/>
            <p>We made known our presence there to the commanding officer of the post.</p>
            <p>He told us he would have to escort us off of the reservation.</p>
            <p>Believe the commanding officer was Capt. <persName
                ref="./glossaries.xml#frank_stanwood">Stanwood</persName>.</p>
            <p>He told our party how far the reservation extended. I did not hear him.</p>
            <p>Twenty men, soldiers, went with us to escort us off. I suppose we went with them some
              16 or 18 miles in a northerly direction from <placeName
                ref="./glossaries.xml#camp_grant">Camp Grant</placeName>. Did not reach the
                <placeName ref="./glossaries.xml#gila_river">Gila River</placeName>.</p>
            <p>We camped out about nine miles north from <placeName
                ref="./glossaries.xml#camp_grant">Camp Grant</placeName> the first day out on a
              small stream, don't know the name.</p>
            <pb n="80"/>
            <p>At that point in the night the Indians fired into us. Two arrows were found. The
              soldiers were with us at that time; they fired at the soldiers.</p>
            <p>Saw no Indians at the time; it was too dark; saw some in the morning at day
              light--some 3 or 4 on the mountain. They built up a fire and hollered at us.</p>
            <p>We saw no more of the Indians at that place, 6 or 7 miles further on we saw one
              Indian. He came on right over the mountain and disappeared.</p>
            <p>That was on the South Side of the <placeName ref="./glossaries.xml#gila_river"
              >Gila</placeName>.</p>
            <p>We returned to <placeName ref="./glossaries.xml#camp_grant">Camp Grant</placeName>
              and reported what had <pb n="81"/> occurred to the camp officer. He asked if we returned the
              fire.</p>
            <p>I told him we did not.</p>
            <p>I told him we were on the reservation.</p>
            <p>I was on a prospecting tour with Gov. <persName ref="./glossaries.xml#anson_safford"
                >Safford</persName>. </p>
            <p>Have seen the man that was killed with that <persName
                ref="./glossaries.xml#anson_safford">Safford</persName>'s party. The horse of the
              man was seen with the Indians.</p>
            <p>I have not seen the horse in the hands of the Indians.</p>
          </div>

          <div type="testimony">
            <head>
              <persName ref="./glossaries.xml#converse_rowell">Rowell</persName>
            </head>
            <p>I understood Capt. <persName ref="./glossaries.xml#frank_stanwood"
              >Stanwood</persName> was in Command of <placeName ref="./glossaries.xml#camp_grant"
                >Camp Grant</placeName> at the time we were fired onto.</p>
          </div>
        </div>

        <div type="witness">
          <div type="testimony">
            <head>
              <persName ref="./glossaries.xml#james_mccaffrey">McCaffrey</persName>
            </head>
            <p><persName ref="./glossaries.xml#mauricio_castro">Mauricio Castro</persName> called
              and sworn.</p>
            <p>Hat produced.</p>
            <p>I know that hat. First saw it on the head of a chief they were following on the 24 or
              25 of September.</p>
            <p>The Indians had stolen <pb n="82"/> cattle from <placeName ref="./glossaries.xml#san_xavier"
                >San Xavier</placeName> and ranch of <persName
                ref="./glossaries.xml#guadeloupe_seis">Guadeloupe Seis</persName>: I followed on
              their trail--followed to near the <placeName ref="./glossaries.xml#cañon_del_oro "
                >Canada del Oro</placeName> about 10 leagues.</p>
            <p>They recovered six head of cattle. They had stolen altogether about 24 head. Saw
              Indian tracks on the trail. Found the hat where we first caught up with the Indians
              when they had killed a beef.</p>
          </div>

          <div type="testimony">
            <head>
              <persName ref="./glossaries.xml#converse_rowell">Rowell</persName>
            </head>
            <p>Where the cattle had been killed was leading to <placeName
                ref="./glossaries.xml#camp_grant">Camp Grant</placeName>. The balance of the cattle
              appeared to follow on the same trail.</p>
            <p>Where we left the trail was about 18 miles from <placeName
                ref="./glossaries.xml#camp_grant">Camp Grant</placeName>.</p>
            <p>Did not go to <placeName ref="./glossaries.xml#camp_grant">Camp Grant</placeName> and
              notify the camp officer of the theft.</p>
            <pb n="83"/>
          </div>
        </div>

        <div type="witness">
          <div type="testimony">
            <head>
              <persName ref="./glossaries.xml#james_mccaffrey">McCaffrey</persName>
            </head>
            <p><persName ref="./glossaries.xml#jose_ma_yesques">Jose Ma Yesques</persName> called
              and sworn.</p>
            <p>I have lived with the Apache Indians for 19 years and 6 months and some days.</p>
            <p>The Indians captured me at 6 years of age and killed my father. I have been a guide
              for the last 2 years.</p>
            <p>Have resided in <placeName ref="./glossaries.xml#tucson">Tucson</placeName> during
              that time.</p>
            <p>Have been a guide at <placeName ref="./glossaries.xml#camp_grant">Camp
              Grant</placeName> during that time.</p>
            <p>Was guide there last year when Col. <persName ref="./glossaries.xml#john_green"
              >Green</persName> was at <placeName ref="./glossaries.xml#camp_grant">Camp
              Grant</placeName>. This year have been with General <persName
                ref="./glossaries.xml#george_crook">Crook</persName>.</p>
            <p>Have been at <placeName ref="./glossaries.xml#camp_grant">Camp Grant</placeName>
              twice during this year.</p>
            <p>Was there in July the first time. The 2nd time in November.</p>
            <p>Am acquainted with all the grown Indians on the reservation at <placeName
                ref="./glossaries.xml#camp_grant">Camp Grant</placeName>.</p>
            <p>I have had much conversation with those <pb n="84"/> Indians at <placeName
                ref="./glossaries.xml#camp_grant">Camp Grant</placeName>.</p>
            <p>They have talked with me of expeditions they have been on against the whites.</p>
            <p>They were telling me about the mare. I asked them where they got it from.</p>
            <p>They said they got it from <placeName ref="./glossaries.xml#sonora"
              >Sonora</placeName>. A friend told me not to buy it as it was stolen from <placeName
                ref="./glossaries.xml#tucson">Tucson</placeName>.</p>
            <p>This friend was an Indian, but they did not want to tell me the truth.</p>
            <p>After further inquiry where the mare came from they at last told me it came from a
              man from <placeName ref="./glossaries.xml#sonora">Sonora</placeName>. He had a bag
              with papers and they were smoking the paper.</p>
            <p>They offered to trade the mare for 40 yards of <term corresp="./glossaries.xml#manta"
                >manta</term> and 20 cartridges.</p>
            <p>I did not give them any thing for the mare and <pb n="85"/> afterward came to <placeName
                ref="./glossaries.xml#tucson">Tucson</placeName>.</p>
            <p>I was hunting with these men below the ford on Saturday evening, about 3 miles below
              the ford.</p>
            <p>I was working with <persName ref="./glossaries.xml#frederick_austin">Don Frederico
                (Austin)</persName> about 8 or 9 days before the killing and had been there some
              time.</p>
            <p>They had made peace before I came in from the <placeName
                ref="./glossaries.xml#gila_river">Gila</placeName> to work for Mr. <persName
                ref="./glossaries.xml#frederick_austin">Austin</persName>--about a month and day
              before.</p>
            <p>Had talk with Indians who were in there at the time. They said they were very afraid
              of the people because they had killed a man and woman in the kitchen. They the Indians
              said they had killed the woman in the woods. This killing was above <placeName
                ref="./glossaries.xml#tubac">Tubac</placeName>.</p>
            <pb n="86"/>
            <p>I saw one of the Indians who was shot in the arm.</p>
            <p>I saw the wound. The wound seemed to be by a gun.</p>
            <p>The Indians said some of them came home and 5 went on the mountains back of
                <placeName ref="./glossaries.xml#tubac">Tubac</placeName></p>
            <p>I know something of the arms the Indians had. They had 5 <term
                corresp="./glossaries.xml#needle_gun">needle guns</term>. They proposed selling one
              and I wouldn't buy it. They had one double barreled shot gun and some others.</p>
            <p>They also had guns commonly known as <term
                corresp="./glossaries.xml#mississippi_yager">Mississippi yagers</term>. Arrows they
              have many. They always carry their arrows with them. They all have and bring arms.
              They say that because their women were killed they always carry their arms. At first
              they did not carry their arms-- <pb n="87"/> only a few of them.</p>
            <p>They complained that the ration was not sufficient was the cause of their leaving the
              reservation. Some of them went without license away from the post.</p>
            <p>I have seen mules in the possession of the Indians. Know some of the mules. Have seen
              a big mule on which <persName ref="./glossaries.xml#eskminzin">Eskiminzin</persName>
              was riding which is now in <placeName ref="./glossaries.xml#tucson"
              >Tucson</placeName>.</p>
            <p><persName ref="./glossaries.xml#james_speedy">Speedy</persName> has the mule.</p>
            <p>Some of them can be at peace but they want another commanding officer as they think
              that the present commanding officer sold them.</p>
            <p>They think they are at peace here but not with <placeName
                ref="./glossaries.xml#sonora">Sonora</placeName>. Some said they were not at peace
              with any place. Other said they were at peace on one place but not with another.</p>
            <pb n="88"/>
            <p>Some went out for cattle and the citizens caught up with them and killed one.</p>
          </div>

          <div type="testimony">
            <head><persName ref="./glossaries.xml#william_oury">Wm. S. Oury</persName> interrupts</head>
            <p>I know the Indian that was killed and his brother also well. The Indian that was
              killed had a tooth out in front.</p>
            <p>I think above.</p>
            <p>The brother of the Indian that was killed told me of the killing of his brother. Some
              of the Indians told me of some of their number having attacked a train beyond the
              station at the <placeName ref="./glossaries.xml#cienega_station">Cienega</placeName>
              and that they had made a great mistake thinking there was no one with the train but
              teamsters. That there were soldiers in the wagons and in the fight they the Indians
              had lost 5 of their number among them 2 petty chiefs.</p>
            <pb n="89"/>
            <p>I think this occurred in July.</p>
            <p>Some of the Indians tell one thing, some another, sometimes untruth and you have to
              do the same with them.</p>
          </div>

          <div type="testimony">
            <head>
              <persName ref="./glossaries.xml#converse_rowell">Rowell</persName>
            </head>
            <p>The last time I went to <placeName ref="./glossaries.xml#camp_grant">Camp
              Grant</placeName> was in October last.</p>
            <p>I remained there 2 days only.</p>
            <p>The next time before that I was there, was in June.</p>
            <p>The time I was there before June was in March.</p>
            <p>In March was the first time I was in <placeName ref="./glossaries.xml#camp_grant"
                >Camp Grant</placeName>.</p>
            <p>In March I remained in <placeName ref="./glossaries.xml#camp_grant">Camp
              Grant</placeName> about a month.</p>
            <p>I June I remained at <placeName ref="./glossaries.xml#camp_grant">Camp
              Grant</placeName> from the 1st to the 23rd of June. From there I came to <placeName
                ref="./glossaries.xml#tucson">Tucson</placeName> on the 24th of June.</p>
            <p>From <placeName ref="./glossaries.xml#tucson">Tucson</placeName> I went then with
              General <persName ref="./glossaries.xml#george_crook">Crook</persName>.</p>
            <p>In October I had the talk with the Indians with the tooth out.</p>
            <pb n="90"/>
            <p>It was in June when I had the talk with the Indians about the killing of the man and
              woman.</p>
            <p>In October I talked with them about their condition of peace in which they were.</p>
            <p>Saw the guns all the three times I was there.</p>
            <p>I saw the mule there in October. I am 33 years old past.</p>
            <p>I was taken prisoner at the age of about 6 years.</p>
            <p>It is now 6 or 7 years since I escaped at <placeName
                ref="./glossaries.xml#camp_goodwin">Camp Goodwin</placeName> from bondage.</p>
            <p>First they took me prisoner. Afterwards I lived with them voluntarily. I was taken by
              and lived with the <term corresp="./glossaries.xml#cerro_blanco_indians">Cerro Blanco
                Indians</term>.</p>
            <p>The Indians I lived with are not the same Indians as those at <placeName
                ref="./glossaries.xml#camp_grant">Camp Grant</placeName>.</p>
            <pb n="91"/>
          </div>
        </div>

        <div type="witness">
          <div type="testimony">
            <head>
              <persName ref="./glossaries.xml#james_mccaffrey">McCaffrey</persName>
            </head>
            <p><persName ref="./glossaries.xml#andres_ochoa">Andres Ochoa</persName> called and
              sworn.</p>
            <p>Boots produced.</p>
            <p>I know them--first saw them in the Indian Reservation at <placeName
                ref="./glossaries.xml#aravypa_cañon">Aryvypa</placeName> about the 1st of May. The
              boots were in the <term corresp="./glossaries.xml#rancheria">rancheria</term> where
              the Indians had been killed immediately after the fight.</p>
            <p>Found the boots on the side of the hill just above the <term
                corresp="./glossaries.xml#rancheria">rancheria</term>--they have been in my
              possession ever since.</p>
          </div>
        </div>

        <div type="witness">
          <div type="testimony">
            <head>
              <persName ref="./glossaries.xml#james_mccaffrey">McCaffrey</persName>
            </head>
            <p><persName ref="./glossaries.xml#john_smith">Josh T. Smith</persName> recalled.</p>
            <p>Have seen the boots before.</p>
            <p>Think to the best of my knowledge they were Mr. <persName
                ref="./glossaries.xml#leslie_wooster">Wooster</persName>'s, as the description
              answers exactly--have seen many matching pairs. Never saw another pair that looked so
              much like Mr. <persName ref="./glossaries.xml#leslie_wooster">Wooster</persName>'s as
              these.</p>
          </div>
          <pb n="92"/>
          <div type="testimony">
            <head>
              <persName ref="./glossaries.xml#converse_rowell">Rowell</persName>
            </head>
            <p>Think the boots have been half-soled. Last time I saw them in the possession of Mr.
                <persName ref="./glossaries.xml#leslie_wooster">Wooster</persName> had leather
              soles. I think they were bullet holes in the boots when I first saw them--I think in
              the legs.</p>
          </div>
          <div type="testimony">
            <head>
              <persName ref="./glossaries.xml#james_mccaffrey">McCaffrey</persName>
            </head>
            <p>Think the boots were made of an Indian-tanned skin. Mr. <persName
                ref="./glossaries.xml#leslie_wooster">Wooster</persName> informed me that he had
              bought it of an Indian I think.</p>
          </div>
        </div>
        <div type="witness">
          <div type="testimony">
            <head>
              <persName ref="./glossaries.xml#james_mccaffrey">McCaffrey</persName>
            </head>
            <p><persName ref="./glossaries.xml#william_rainey">Wm. Rainey</persName> called and
              sworn</p>
            <p>Resided at <placeName ref="./glossaries.xml#camp_grant">Camp Grant</placeName> during
              the last year.</p>
            <p>Have seen the Indians there but not noticed particularly.</p>
            <p>I saw a pistol, rifle and saddle in their possession that I had loaned to a <pb n="93"/> man
              who was killed with Gov. <persName ref="./glossaries.xml#anson_safford"
              >Safford</persName>. His name was <persName ref="./glossaries.xml#gallego_nunes"
                >Gallego Nunes</persName>.</p>
            <p>About a month after the death of the man I saw the articles.</p>
            <p>The gun belonged to me.</p>
            <p>Had a mark on it: was loaned to the man and with him when he was killed.</p>
            <p>The saddle used to be mine, too. I had sold it to <persName
                ref="./glossaries.xml#gallego_nunes">Nunes</persName>.</p>
            <p>I identified the pistol by the holster.</p>
            <p>I know that was the holster he had with him.</p>
            <p>I have seen an Indian there have a large mule.</p>
            <p>I think it was <persName ref="./glossaries.xml#eskminzin">Eskiminzin</persName>.</p>
          </div>
          <div type="testimony">
            <head>
              <persName ref="./glossaries.xml#converse_rowell">Rowell</persName>
            </head>
            <p>These Indians were <term corresp="./glossaries.xml#pinal_indians">Pinal
              Indians</term> that had the above articles.</p>
            <pb n="94"/>
            <p>They were Indians that had newly come in.</p>
            <p>Some of the Indians had been in there some months.</p>
            <p>I have no positive knowledge when the Indians came in who had the arms, etc.</p>
          </div>
        </div>

        <div type="witness">
          <div type="testimony">
            <head>
              <persName ref="./glossaries.xml#james_mccaffrey">McCaffrey</persName>
            </head>
            <p>Mr. <persName ref="./glossaries.xml#james_speedy">Speedy</persName> called and sworn.</p>
            <p>Have now in my possession a large American mule.</p>
            <p>Got it at <placeName ref="./glossaries.xml#camp_grant">Camp Grant</placeName>.</p>
            <p>Traded for it.</p>
            <p>Thought when I first saw it I knew it, now I am positive I know it.</p>
            <p>Had seen the mule with <persName ref="./glossaries.xml#leopoldo_carrillo">Leopoldo
                Carrillo</persName>, bringing it with another to <placeName
                ref="./glossaries.xml#tucson">Tucson</placeName> coming from the <placeName
                ref="./glossaries.xml#gila_river">Gila</placeName>.</p>
            <p>Identified it by general appearance and thought I had seen the brand before.</p>
            <pb n="95"/>
            <p>The mule is now in my corral.</p>
          </div>
          <div type="testimony">
            <head>Juror</head>
            <p>Traded with the butcher for the mule.</p>
          </div>
        </div>
        <div type="witness">
          <div type="testimony">
            <head>
              <persName ref="./glossaries.xml#james_mccaffrey">McCaffrey</persName>
            </head>
            <p><persName ref="./glossaries.xml#w_a_smith">W. A. Smith</persName> called and sworn.</p>
            <p>I resided at <placeName ref="./glossaries.xml#cienega_station">Cienega
              Station</placeName> 30 miles east of here. Have resided there a little over 3 years.</p>
            <p>Have been attacked by Indians there; general attack made there about the tenth of
              August last year.</p>
            <p>The attack was from about 8 o'clock in the morning until sundown. Indians did not
              keep up a regular fire all that time.</p>
            <p>Should judge there were about 60 Indians there.</p>
            <pb n="96"/>
            <p>There were two of our men killed: one of them the mail rider. Horse belonging to the
              mail company taken and considerable property destroyed together with the garden crop.</p>
            <p>Never been considered safe to travel either direction from my place while I have been
              there.</p>
            <p>Nothing less than 20 men well armed would be safe to travel with.</p>
            <p>Generally travel in the night. Mail travels in the night on account of hostile Apache
              Indians.</p>
          </div>
          <div type="tesimony">
            <head>
              <persName ref="./glossaries.xml#converse_rowell">Rowell</persName>
            </head>
            <p>The last attack made near <placeName ref="./glossaries.xml#cienega_station">Cienega
                Station</placeName> was bout 8 miles from there, in June of the present year.</p>
            <pb n="97"/>
            <p>There were more attacks in 1870 than in 1871.</p>
            <p>It is not safe for any number of men to travel in my vicinity.</p>
          </div>
        </div>

        <div type="witness">
          <div type="testimony">
            <head>
              <persName ref="./glossaries.xml#james_mccaffrey">McCaffrey</persName>
            </head>
            <p><persName ref="./glossaries.xml#juan_borquez">Juan Borquez</persName> called and
              sworn</p>
            <p>During the last year I have lived on the <placeName ref="./glossaries.xml#rillito"
                >Rillito</placeName>.</p>
            <p>Am a farmer.</p>
            <p>Cattle and horses have been stolen from that vicinity during the last year.</p>
            <p>Where I reside is in an easterly direction from <placeName
                ref="./glossaries.xml#tucson">Tucson</placeName> about 6 miles from here.</p>
            <p>The trail of the stolen property has sometimes been followed. I have followed them
              twice within the last year.</p>
            <p>We have been compelled to turn back because the animals were tired out.</p>
            <pb n="98"/>
            <p>The trails were toward the north.</p>
            <p>In that vicinity Indian signs are frequently seen.</p>
            <p>Moccasin tracks.</p>
            <p>The Indians have been seen around there all the time I have lived there.</p>
            <p>They have not been more frequent this year than last--less frequent.</p>
          </div>

          <div type="testimony">
            <head>
              <persName ref="./glossaries.xml#john_titus">Judge</persName>
            </head>
            <p>The <persName ref="./glossaries.xml#rillito">Rillito</persName> from <placeName
                ref="./glossaries.xml#tucson">Tucson</placeName> is 6 miles east.</p>
            <p>The Indians I saw were Apaches.</p>
            <p>They came from the north and went away toward the north.</p>
          </div>

          <div type="testimony">
            <head>
              <persName ref="./glossaries.xml#converse_rowell">Rowell</persName>
            </head>
            <p>They have never complained to the commander of <placeName
                ref="./glossaries.xml#camp_grant">Camp Grant</placeName> of this depredation.</p>
          </div>
        </div>
        <pb n="99"/>
        <div type="witness">
          <div type="testimony">
            <head>
              <persName ref="./glossaries.xml#james_mccaffrey">McCaffrey</persName>
            </head>
            <p><persName ref="./glossaries.xml#juan_tomas">Juan Tomas</persName> called and sworn</p>
            <p>During the last year have resided on the <placeName ref="./glossaries.xml#rillito"
                >Rillito</placeName>.</p>
            <p>I live in the nieghborhood--about 700 yards from <persName
                ref="./glossaries.xml#juan_borquez">Juan Borquez</persName>.</p>
            <p>Cattle and horses have been stolen from there in the last year.</p>
            <p>On the 3rd of July of the last year the Indians stole 3 yoke of cattle and 2 yoke in
              September of last year.</p>
            <p>One yoke stolen in February of this year from him.</p>
            <p>I do not know of any others losing cattle. The Indians ran a mare into his place in
              April of the present year and left in the direction of <placeName
                ref="./glossaries.xml#san_xavier">San Xavier</placeName>.</p>
            <pb n="100"/>
            <p>During the present year have seen Indian identification in my vicinity.</p>
            <p>In August the Indians tried to get a yoke of cattle of mine but did not succeed. Took
              some melons.</p>
            <p>The Indians who took the yoke of cattle from me in February of this year went in the
              direction of the <placeName ref="./glossaries.xml#cañon_del_oro ">Canon del
              Oro</placeName>.</p>
          </div>
        </div>














      </div>
      <pb n="101"/>

      <div type="day">
        <head>The United States vs. <persName ref="./glossaries.xml#sidney_delong">Sidney R.
          DeLong</persName> et al.</head>
        <head>Saturday Dec. 9th 1871</head>
        <p>Defense opened</p>
        <p><persName ref="./glossaries.xml#joseph_felman">Joseph Felman</persName> recalled</p>
        <div type="witness">
          <div type="testimony">
            <head>Ex. Mr. <persName ref="./glossaries.xml#james_mccaffrey">McCaffrey</persName></head>
            <p>I was at <placeName ref="./glossaries.xml#camp_grant">Camp Grant</placeName> at the
              30th of April last.</p>
            <p>The Biggest portion of the Bucks (male Indians) were absent from the <term
                corresp="./glossaries.xml#rancheria">rancheria</term> on the 30th of April--12 or 14
              of them only being present.</p>
            <p>I know from my own observation that the greater portion of these Indians were absent.</p>
            <p><persName ref="./glossaries.xml#carse">Carse</persName> told me his cartridges were
              not good.</p>
            <p>That if his cartridges had been good and all the bucks there they would have killed a
              good many of them (whites).</p>
            <p>The absent Indians did not return until the 9th or 12th of May.</p>
            <pb n="102"/>
            <p>Did know some of the horses in Lt. <persName ref="./glossaries.xml#howard_cushing"
                >Cushing</persName>'s command. Frequently shod some of them at <placeName
                ref="./glossaries.xml#camp_grant">Camp Grant</placeName>.</p>
            <p>The horses formerly belonged to "K" Troop 1st Cavalry to Lt. <persName
                ref="./glossaries.xml#howard_cushing">Cushing</persName>.</p>
            <p>Have seen one of these horses in the possession of Indians at the Indian camp at
                <placeName ref="./glossaries.xml#camp_grant">Camp Grant</placeName> and the horse is
              there still. The horse was offered for sale to me between the 1st and 14th of November
              last by one of the Indians at <placeName ref="./glossaries.xml#camp_grant">Camp
              Grant</placeName>. <persName ref="./glossaries.xml#eskminzin">Eskiminzin</persName>
              was the Indian's name.</p>
            <p>I first saw the horse in October about the 1st, in the possession of those Indians.</p>
            <p><persName ref="./glossaries.xml#eskminzin">Eskiminzin</persName> was not one of the
              Indians at <placeName ref="./glossaries.xml#camp_grant">Camp Grant</placeName> before
              the 30 of April. He came in since.</p>
            <pb n="103"/>
            <p>I have been frequently on scouts against Indians during the time I was in the U.S.
              Service and since. The ordinary mode of all the Indians is to attack them at daybreak
              if possible. Generally track them to the <term corresp="./glossaries.xml#rancheria"
                >rancheria</term> and wait for morning to take them by surprise. The object
              generally in the attack is to destroy the Indians and take prisoners I presume. No
              attempt is ordinarily made to take prisoners before the fight is finally ended.</p>
            <p>In these attacks can't distinguish the females from males; all look and dress alike.
              Sometimes the Indians stand to make a fight; after the fight is over they generally
              get in the mountains to fire.</p>
            <!--check last word-->
          </div>
          <pb n="104"/>
          <div type="testimony">
            <head>
              <persName ref="./glossaries.xml#converse_rowell">Rowell</persName>
            </head>
            <p>Rations were probably issued two days prior to the 30 of April last. Good many
              Indians but most all females on that ration day.</p>
            <p>Should judge there were about 20 bucks.</p>
            <p>I had seen as many as 100 bucks there previously on ration days. I should think there
              were about 200 Indians altogether on the last ration day prior to the 30 of April
              last.</p>
            <p>I am as positive about the last statement as I was about my previous statements as to
              numbers.</p>
            <p>The horse that I saw with the Indians I know to be one of the 14 spoken of as turned
              over to Lt.<persName ref="./glossaries.xml#howard_cushing">Cushing</persName> from K
              Troop 1st Cavalry.</p>
            <p>There might have been one buck to five Indians on last ration day.</p>
          </div>
          <pb n="105"/>
          <div type="testimony">
            <head>Juror</head>
            <p>I have never seen any soldiers placed over the Indians as guards.</p>
          </div>
          <div type="testimony">
            <head>
              <persName ref="./glossaries.xml#james_mccaffrey">McCaffrey</persName>
            </head>
            <p>There was no line laid out as boundaries of the limits of Indians at <placeName
                ref="./glossaries.xml#camp_grant">Camp Grant</placeName>. They were in possession of
              their arms all the time. These Indians were frequently at the citizen ranches around
              so much so as to be troublesome.</p>
          </div>
        </div>
        <div type="witness">
          <div type="testimony">
            <head><persName ref="./glossaries.xml#jose_ma_yesques">Jose Ma Yesques</persName>
              recalled</head>
            <head>
              <persName ref="./glossaries.xml#james_mccaffrey">McCaffrey</persName>
            </head>
            <p>I have heard from the Indians relative to the killing of Lt. <persName
                ref="./glossaries.xml#howard_cushing">Cushing</persName> at <placeName
                ref="./glossaries.xml#camp_apache">Camp Apache</placeName> the Indians told me that
              they had gone over to the <placeName ref="./glossaries.xml#huachuca_mountains"
                >Huachuca Mountains</placeName> and that there they had ambushed a party of soldiers
              and killed their Captain. The Indians described the place of the attack <pb n="106"/>at a
              mountain this side of <placeName ref="./glossaries.xml#babacomari"
              >Babacomari</placeName>.</p>
            <p>I understand the relation of the Apaches with the <term
                corresp="./glossaries.xml#papago_indians">Papagoes</term>, from conversations with
              them. The Apaches understand that they are always at war with the <term
                corresp="./glossaries.xml#papago_indians">Papagoes</term> and want no peace with
              them.</p>
            <p>The Apaches under no circumstance would agree to any peace with the <term
                corresp="./glossaries.xml#papago_indians">Papagoes</term>.</p>
          </div>
          <div type="testimony">
            <head>
              <persName ref="./glossaries.xml#converse_rowell">Rowell</persName>
            </head>
            <p>I last had talk with the Apaches concerning peace or war on the 4th day of October of
              the year at <placeName ref="./glossaries.xml#cerro_blanco">Cerro
                Blanco</placeName>--<placeName ref="./glossaries.xml#camp_apache">Camp
              Apache</placeName>.</p>
          </div>
        </div>
        <div type="witness">
          <div type="testimony">
            <head><persName ref="./glossaries.xml#guillermo_telles">Guillermo Telles</persName>
              called and sworn.</head>
            <head>
              <persName ref="./glossaries.xml#james_mccaffrey">McCaffrey</persName>
            </head>
            <p>I live at <placeName ref="./glossaries.xml#tucson">Tucson</placeName> born and raised
              here.</p>
            <pb n="107"/>
            <p>I am a farmer.</p>
            <p>With the last year in the vicinity of <placeName ref="./glossaries.xml#san_xavier"
                >San Xavier</placeName> the Apache have made two attacks on the <term
                corresp="./glossaries.xml#papago_indians">Papagoes</term> that I know of. At the
              present time the <term corresp="./glossaries.xml#papago_indians">Papagoes</term>
              expect attacks from the Apaches at any time.</p>
          </div>
          <div type="testimony">
            <head>
              <persName ref="./glossaries.xml#converse_rowell">Rowell</persName>
            </head>
            <p>The attacks in the vicinity of <placeName ref="./glossaries.xml#san_xavier">San
                Xavier</placeName> were upon property.</p>
          </div>
        </div>
        <div type="witness">
          <div type="testimony">
            <head><persName ref="./glossaries.xml#leopoldo_carrillo">Leopoldo Carrillo</persName>
              called and sworn.</head>
            <head>
              <persName ref="./glossaries.xml#james_mccaffrey">McCaffrey</persName>
            </head>
            <p>I have had animals stolen from me by Indians had some so stolen about August the
              last.</p>
            <p>The animals stolen were about 12 head of cattle the first time from the 1st to the
              15th of August and that time I found the Indians had taken some of my mules also.
              Followed them to the other side of the <pb n="108"/><placeName
                ref="./glossaries.xml#point_of_mountain">Point of Mountain</placeName>.</p>
            <p>All around the mountain.</p>
            <p>The <placeName ref="./glossaries.xml#point_of_mountain">Point of Mountain</placeName>
              is about 17 miles from here on the <placeName ref="./glossaries.xml#yuma">Yuma
              road</placeName>.</p>
            <p>When we abandoned the trail it led toward <placeName
                ref="./glossaries.xml#camp_grant">Camp Grant</placeName>.</p>
            <p>We abandoned the trail because we had not enough to follow. We were only 8 men. I was
              one of the party myself.</p>
            <p>Some of the stolen animals were marked brand on the side--that was 2 large mules were
              so branded.</p>
            <p>Have since seen one of these mules spoken of. I saw it in the possession of Mr.
                <persName ref="./glossaries.xml#james_speedy">Speedy</persName> once and yesterday
              again.</p>
            <p>Don't remember when I first saw it in the possession of Mr. <persName
                ref="./glossaries.xml#james_speedy">Speedy</persName>: it was when we went to
                <placeName ref="./glossaries.xml#camp_grant">Camp Grant</placeName> he bought the
              mule back, over 40 days ago. <pb n="109"/>He called my attention to his having the mule.</p>
            <p>I demanded the mule from him. He did not give it up to me. He said he bought it from
              the Indians at <placeName ref="./glossaries.xml#camp_grant">Camp Grant</placeName> and
              paid too much to lose it. The matter was settled by compromise.</p>
            <p>Have been accustomed to follow the trail of Indians and stolen cattle from here and
                <placeName ref="./glossaries.xml#san_xavier">San Xavier</placeName>: all the time I
              follow in the direction of <placeName ref="./glossaries.xml#camp_grant">Camp
              Grant</placeName>. I have stock the other side of <placeName
                ref="./glossaries.xml#san_xavier">San Xavier</placeName> in the vicinity of the
                <term corresp="./glossaries.xml#papago_indians">Papago</term> Indians. The <term
                corresp="./glossaries.xml#papago_indians">Papagoes</term> keep stock in the same
              vicinity.</p>
          </div>
          <div type="testimony">
            <head>
              <persName ref="./glossaries.xml#converse_rowell">Rowell</persName>
            </head>
            <p>The time I followed the Indians to the <placeName
                ref="./glossaries.xml#point_of_mountain">Point of Mountain</placeName> there were
              about 8 Indians we were in pursuit of.</p>
            <p>Never went to <placeName ref="./glossaries.xml#camp_grant">Camp Grant</placeName> and
              informed the commanding officer of these depredations.</p>
            <pb n="110"/><p>These animals were stolen about 3 miles west of this town. There were 2 Indians
              mounted and 6 on foot.</p>
            <p>Did not get near enough to see them.</p>
          </div>
        </div>
        <div type="witness">
          <div type="testimony">
            <head>Capt.<persName ref="./glossaries.xml#frank_stanwood">Frank Stanwood</persName>
              called and sworn.</head>
            <head>
              <persName ref="./glossaries.xml#james_mccaffrey">McCaffrey</persName>
            </head>
            <p>I am Captain of the 3rd U.S Cavalry. Have been recently in command of <placeName
                ref="./glossaries.xml#camp_grant">Camp Grant</placeName>.</p>
            <p>There are records kept at the Post of the number of Indians supposed to be in that
              vicinity.</p>
            <p>Have been in command there since the 1st of April till now excepting when on scout.</p>
            <p>While I was in command some considerable number of Indians were absent at times. At
              one ration day previous to the 30th of April there were absent perhaps 75 Indians men
              women and children <pb n="111"/>and they came in within a day or two afterword.</p>
            <p>At the massacre they were all out. Afterward about 150 came back and then afterward
              again went out: they all stayed out until the <persName
                ref="./glossaries.xml#vincent_colyer">Colyer</persName> Party came in and flags of
              truce were sent out to try and bring them in.</p>
            <p>After that the Indians commenced coming in and now about 800 are in. They have not
              since then been off in large parties that I know of.</p>
            <p>Since Mr. <persName ref="./glossaries.xml#vincent_colyer">Colyer</persName>'s visit I
              do not know of many parties of any size being absent, though parties of considerable
              number might be gone without our knowledge.</p>
            <p>When I first went to <pb n="112"/>the Post they were encamped near the post and I had them
              moved up to the first water on the <placeName ref="./glossaries.xml#aravypa_cañon"
                >Aryvypa</placeName> about 5 miles from the post.</p>
            <p>No line of limits is designated for them. They were expected to be rationed every 3
              days. Lt. <persName ref="./glossaries.xml#royal_whitman">Whitman</persName> was
              particularly in charge of them: Mr. <persName ref="./glossaries.xml#royal_whitman"
                >Whitman</persName> particularly attended to issuing rations to them; it was his
              duty as acting Commissary.</p>
            <p>The Indians in that vicinity are located about 2 miles below the post and most all of
              them within 2 1/2 miles of the Post and a small portion within 4 or 5 miles of the
              Post. The limits of the reservation are 2000 acres.</p>
            <pb n="113"/>
            <p>The post is about in the centre of the 2000 acres. There is a map of the reservation
              at the Post. Have never looked for any marks to define the reservation. Has never been
              endeavored to keep the Indians in the exact limits. Had instructions from General
                <persName ref="./glossaries.xml#george_stoneman">Stoneman</persName> to camp them
              near there wherever I saw fit.</p>
            <p>An order was made by Mr. <persName ref="./glossaries.xml#vincent_colyer"
              >Colyer</persName> setting apart a portion of land as an Indian reservation. From
                <placeName ref="./glossaries.xml#camp_grant">Camp Grant</placeName> due north to the
                <placeName ref="./glossaries.xml#gila_river">Gila</placeName> is about 20 miles to
              reach the boundary of the reservation.</p>
            <pb n="114"/>
            <p>I know the <placeName ref="./glossaries.xml#gila_river">Gila</placeName> can be
              reached in about 15 miles in a N.W direction by going down the valley of the
                <placeName ref="./glossaries.xml#san_pedro_river">San Pedro</placeName>.</p>
            <p>The limits of the reservation were designated by <persName
                ref="./glossaries.xml#vincent_colyer">Colyer</persName> when he was there.</p>
          </div>
          <div type="testimony">
            <head>
              <persName ref="./glossaries.xml#converse_rowell">Rowell</persName>
            </head>
            <p>The Indians first commenced to come into <placeName ref="./glossaries.xml#camp_grant"
                >Camp Grant</placeName> about the 1st of March. From the time I came there the
              numbers coming in gradually increased while I was there and up to April 21st. The
              Indians seemed to be friendly they said they were tired of fighting and wanted to come
              in. I don't think while I was there prior to the Massacre that any of the Indians at
                <placeName ref="./glossaries.xml#camp_grant">Camp Grant</placeName> went out on
              hostile scouts.</p>
            <pb n="115"/>
            <p>It is the duty of the commander of the post to inspect the Indians counting them
              every 3 days prior to 30th of April and every five days since.</p>
            <p>I have superintended most of the counting of these Indians. Some days other duties
              rendered it impossible and then I might have been absent.</p>
            <p>Those present at one counting were present at the next.</p>
            <p>I have been absent from 3 months to 3 1/2 months from the post since he 30th of April
              on Indian scouts; Have followed Indian trails on three scouts. Have never followed any
              trails from the point of attack.</p>
            <pb n="116"/>
            <p>I killed some Indians about 25 miles west of <placeName
                ref="./glossaries.xml#camp_apache">Camp Apache</placeName>.</p>
            <p>While out on these scouts I never saw anybody that led me to believe that the Indians
              I had left at <placeName ref="./glossaries.xml#camp_grant">Camp Grant</placeName> were
              out depredating.</p>
            <p>After the massacre in April about 150 came in and stayed a month and after that all
              the Indians went out and were hostile up to the time that by orders of the war dept. a
              flag of truce was sent to them and then they commenced coming in.</p>
            <p>On my counts I have seen no indications that these Indians who came in were out on
              depredations.</p>
            <p>I know a petty Indian chief named <persName ref="./glossaries.xml#carse"
              >Carse</persName>. <pb n="117"/>He is not a chief of much influence.</p>
            <p>I think he was there when I came there. Can't tell whether he was there continuously
              up to the 24 of April last. Don't recollect whether he was there every ration day.</p>
            <p>No complaints have been made to me by the citizens of depredations.</p>
          </div>
          <div type="testimony">
            <head>Juror</head>
            <p><persName ref="./glossaries.xml#eskminzin">Eskiminzin</persName> was not present at
              all the inspections or ration calls.</p>
          </div>
          <div type="testimony">
            <head>
              <persName ref="./glossaries.xml#converse_rowell">Rowell</persName>
            </head>
            <p>Since the return of the Indians to the post don't know of any stock being stolen.</p>
            <p>Very little stock running loose around the post only the contractor's stock and that
              belonging to the Post.</p>
            <pb n="118"/>
            <p>The Indians were coming back and forth from the point where I moved them in the
                <placeName ref="./glossaries.xml#aravypa_cañon">Aryvypa</placeName>.</p>
            <p>I don't know of them having any <term corresp="./glossaries.xml#rancheria"
              >rancherias</term> except in the <placeName ref="./glossaries.xml#aravypa_cañon"
                >Aryvypa</placeName>.</p>
          </div>
          <div type="testimony">
            <head>
              <persName ref="./glossaries.xml#john_titus">Judge</persName>
            </head>
            <p>I first took command the 2nd or 3rd of April, and the statements I have made have
              reference to time and events; subsequent to which I do not know of any of the
              regulations of the conduct of the Indians previous to the 1st of April.</p>
          </div>
          <div type="testimony">
            <head>
              <persName ref="./glossaries.xml#james_mccaffrey">McCaffrey</persName>
            </head>
            <p>The Indians were not counted at any time except when rations were issued to them.</p>
            <p>The Indians are ranged in bands distributed in families <pb n="119"/> and the families are
              kept together.</p>
            <p>Have no roll or list of names.</p>
            <p>The highest number of rations issued to one family have been about 12.</p>
            <p>Have no list of the number of grown males. Used to keep a list of the number of men,
              women and children. Have not done it lately.</p>
            <p>Speaking of Massacre I refer to that of the 30th of April last.</p>
            <p>There are about 6 chiefs. There is no one chief with supreme control. <persName
                ref="./glossaries.xml#eskminzin">Eskiminzin</persName> has more in his command than
                <persName ref="./glossaries.xml#carse">Carse</persName>. <persName
                ref="./glossaries.xml#eskminzin">Eskiminzin</persName> has 250.</p>
            <p>There were 4 ranches raising grain there this year. <pb n="120"/> They have abandoned their
              ranches because they were within the reservation described by Mr. <persName
                ref="./glossaries.xml#vincent_colyer">Colyer</persName>.</p>
            <p>I know that the U.S. Marshall went to <placeName ref="./glossaries.xml#camp_grant"
                >Camp Grant</placeName> for the arrest of <persName ref="./glossaries.xml#eskminzin"
                >Eskiminzin</persName>. I tried for 2 days but could not find him--<persName
                ref="./glossaries.xml#eskminzin">Eskiminzin</persName>. There are no instructions
              for the Indians to stay in.</p>
            <p>Since Mr. <persName ref="./glossaries.xml#vincent_colyer">Colyer</persName>
              established the reservation they are not required to stay on any particular part of
              the reservation and there are no instructions to compel them to report--only if they
              do not report they don't get any rations.</p>
          </div>
        </div>
        <pb n="121"/>
        <div type="witness">
          <div type="testimony">
            <head><persName ref="./glossaries.xml#asencio">Asencio</persName> (<term
                corresp="./glossaries.xml#papago_indians">Papago</term>) called and sworn</head>
            <head>
              <persName ref="./glossaries.xml#james_mccaffrey">McCaffrey</persName>
            </head>
            <p>I am a <term corresp="./glossaries.xml#papago_indians">Papago Indian</term>. I am a
              Captain. The <term corresp="./glossaries.xml#papago_indians">Papagoes</term> are at
              war with the Apaches, have so been since I was born. The condition between the <term
                corresp="./glossaries.xml#papago_indians">Papagoes</term> and the Apaches is the
              same now as ever.</p>
            <p>Never been any peace between them. If I was alone among the Apaches they would kill
              me. They would do so with any of my tribe we would look for nothing else.</p>
            <p>The larger part of the <term corresp="./glossaries.xml#papago_indians"
              >Papagoes</term> live in the vicinity of <placeName ref="./glossaries.xml#santa_rosa"
                >Santa Rosa</placeName>. Some live at <placeName ref="./glossaries.xml#san_xavier"
                >San Xavier</placeName> which is a portion of the <term
                corresp="./glossaries.xml#papago_indians">Papago</term> country.</p>
            <pb n="122"/>
            <p>The Apaches are now and have been always in the habit of stealing stock from us.</p>
            <p>When stock has been stolen from us by the Apache, we follow on the trail and try to
              recover the stock.</p>
            <p>The <term corresp="./glossaries.xml#papago_indians">Papagoes</term> usually follow
              till they find either stock or Apaches. When we follow sometimes we recover the stock
              and sometimes not.</p>
          </div>
          <div type="testimony">
            <head>
              <persName ref="./glossaries.xml#converse_rowell">Rowell</persName>
            </head>
            <p>There are not many Apaches at <placeName ref="./glossaries.xml#camp_grant">Camp
              Grant</placeName> as far as I know. Have never known of the Americans being at Peace
              with the Apaches.</p>
          </div>
        </div>
        <div type="witness">
          <div type="testimony">
            <head><persName ref="./glossaries.xml#gertrude_mcward">Gertrude McWard</persName> called
              and sworn says</head>
            <head>
              <persName ref="./glossaries.xml#james_mccaffrey">McCaffrey</persName>
            </head>
            <p>In the month of April last I was living at <placeName ref="./glossaries.xml#tucson"
              >Tucson</placeName>. <pb n="123"/>I went to live at <placeName
                ref="./glossaries.xml#camp_grant">Camp Grant</placeName> in July.</p>
            <p>I lived there one month.</p>
            <p>I was personally acquainted with the wife of <persName
                ref="./glossaries.xml#leslie_wooster">Wooster</persName>. Knew her well, when she
              lived in <placeName ref="./glossaries.xml#tucson">Tucson</placeName>. I knew her well
              enough to recognize a portion of her clothing.</p>
            <p>I saw some of Mrs. <persName ref="./glossaries.xml#trinidad_iguera"
              >Wooster</persName>'s clothing after her death.</p>
            <p>I saw it at the <placeName ref="./glossaries.xml#aravypa_cañon">Aryvypa</placeName> I
              mean <placeName ref="./glossaries.xml#camp_grant">Camp Grant</placeName>.</p>
            <p>The wife an Apache Indian of the interpreter had the clothing.</p>
            <p>It was a marino dress, red stripped, with black silk trimmings.</p>
            <p>I saw no other articles of clothing of Mrs. <persName
                ref="./glossaries.xml#trinidad_iguera">Wooster</persName>'s there at <placeName
                  ref="./glossaries.xml#camp_grant">Camp Grant</placeName>. <pb n="124"/>Saw no jewelry of
              Mrs. <persName ref="./glossaries.xml#trinidad_iguera">Wooster</persName>'s there.</p>
          </div>
          <div type="testimony">
            <head>
              <persName ref="./glossaries.xml#converse_rowell">Rowell</persName>
            </head>
            <p>I saw this clothing in July of this year.</p>
            <p>The interpreter was living at <placeName ref="./glossaries.xml#camp_grant"
              >Grant</placeName>.</p>
            <p>The interpreter was said to be a Mexican; he had been a Captive among the Indians.
              The name of the interpreter is <persName ref="./glossaries.xml#concepcion_biella"
                >Concepcion</persName>.</p>
          </div>
        </div>
        <div type="witness">
          <div type="testimony">
            <head><persName ref="./glossaries.xml#concepcion_biella">Concepcion Biella</persName>
              called and sworn</head>
            <head>
              <persName ref="./glossaries.xml#james_mccaffrey">McCaffrey</persName>
            </head>
            <p>I was at <placeName ref="./glossaries.xml#camp_grant">Camp Grant</placeName> within a
              couple of months past. I did some trading with the Indians there. I swapped them a
              Jackass for a grey mare and saddle.</p>
            <p>I got the grey mare and saddle from an Indian don't know who he was.</p>
            <pb n="125"/> 
            <p>When I swapped for the grey mare and saddle I received a paper from the Lt. there.</p>
            <p>The Paper was left there and I was given a copy to take back to <placeName
                ref="./glossaries.xml#camp_grant">Camp Grant</placeName>.</p>
            <p>The mare was claimed there by a <term corresp="./glossaries.xml#papago_indians"
                >Papago</term> and the authorities took it away from me. The saddle was also claimed
              and it remained in the Justice's office. (Saddle produced) recognized.</p>
            <p>The Indian from whom I got the property was one of those on the reservation. That is
              all I know.</p>
          </div>
        </div>
        <div type="witness">
          <div type="testimony">
            <head><persName ref="./glossaries.xml#frederick_contzen">Fritz Contzen</persName> called
              and sworn</head>
            <head>
              <persName ref="./glossaries.xml#james_mccaffrey">McCaffrey</persName>
            </head>
            <p>I know the witness last on the stand.</p>
            <p>Saw him in town when he came from <placeName ref="./glossaries.xml#camp_grant">Camp
              Grant</placeName> with mare <pb n="126"/>and saddle. Did not know the mare. I knew the
              brand--it had a <term corresp="./glossaries.xml#papago_indians">Papago</term>
              brand--the <term corresp="./glossaries.xml#papago_indians">Papagoes</term> claimed her
              and got her. She was a white small mare. I knew the saddle that is the saddle which I
              see in court.</p>
            <p>The man that rode the mail for me had used it for six months. Knew it that way.</p>
            <p>The man rode the mail from here to <placeName ref="./glossaries.xml#sasiba_flat"
                >Sasiba Flat</placeName>.</p>
            <p>Last saw the saddle when a man went out with it sometime in Sept. The man was killed
              about 4 miles from town coming in. I am sure that is the saddle but the stirrup
              leathers <pb n="127"/> have been renewed.</p>
            <p>I am sure that is the saddle the man had when he left here.</p>
            <p>Mail Rider was killed by Indians and the mail lost.</p>
          </div>
          <div type="testimony">
            <head>
              <persName ref="./glossaries.xml#converse_rowell">Rowell</persName>
            </head>
            <p>Know the saddle well by its general appearance--the horn of the saddle had had a new
              skin on it just previous to its loss.</p>
            <p>Satisfied the man was killed by Indians.</p>
          </div>
        </div>
        <div type="witness">
          <div type="testimony">
            <head><persName ref="./glossaries.xml#samuel_hughes">Samuel Hughes</persName> called and
              sworn</head>
            <head>
              <persName ref="./glossaries.xml#james_mccaffrey">McCaffrey</persName>
            </head>
            <p>I am adjutant General of this Territory.</p>
            <p>The duties of that office for the last 8 months have been to receive the arms mark
              them and reissue them. <pb n="128"/> I commenced marking the arms about the 1st of February
              last.</p>
            <p>I allude to Spencer and Sharpe's carbines and <term
                corresp="./glossaries.xml#needle_gun">needle muskets</term>. The arms were marked
              A.T. on the breach--on the left hand side of the stock and under the middle band in
              the wood.</p>
            <p>I have generally issued these arms to every person that was in need of them.
              Generally reissuing the same arms to the persons that brought them in. Some of these
              arms were taken by the Indians from Mr. <persName
                ref="./glossaries.xml#leslie_wooster">Wooster</persName>.</p>
            <p>Mr. <persName>Blanchard</persName> had some taken from him--Mr.
              <persName>Sanders</persName> had some taken from him and Mr. <persName
                ref="./glossaries.xml#samuel_hughes">Hughes</persName> had 3 of these arms taken
              from him by Indians <pb n="129"/> when Mr. <persName>Cook</persName> was killed. 3 were taken
              when <persName ref="./glossaries.xml#henry_long">Long</persName> and <persName
                ref="./glossaries.xml#alexander_mckenzie">McKenzie</persName> and others were killed
              at the <placeName ref="./glossaries.xml#san_pedro_river">San Pedro</placeName>--3 were
              taken when <persName ref="./glossaries.xml#charles_mckinney">McKenney</persName> was
              killed at <placeName ref="./glossaries.xml#camp_grant">Camp Grant</placeName>. One was
              taken from <persName>Brigham</persName> when he was killed carrying the mail: one from
              Mr. <persName ref="./glossaries.xml#w_h_simpson">Simpson</persName> when he was killed
              with Lt. <persName ref="./glossaries.xml#howard_cushing">Cushing</persName>: one from
              the mexican mail carrier that was killed out by the mill. Numbers of others that I
              can't recollect.</p>
            <p>Never issued any guns to the Apaches and there was no other way for them to get arms
              but from murdered <pb n="130"/> citizens. I keep such track of the guns that I know where they
              are all except when captured by the Apaches.</p>
          </div>
          <div type="testimony">
            <head>
              <persName ref="./glossaries.xml#converse_rowell">Rowell</persName>
            </head>
            <p>I estimate about 35 or 40 stand of arms have been taken by the Indians. All the
              others are accounted for.</p>
            <p>The arms have been issued for maybe 2 years.</p>
          </div>
          <div type="testimony">
            <head>
              <persName ref="./glossaries.xml#james_mccaffrey">McCaffrey</persName>
            </head>
            <p>I commenced marking the guns about the 1st of February. I know of none being marked
              before.</p>
          </div>
        </div>
        <div type="witness">
          <div type="testimony">
            <head><persName ref="./glossaries.xml#charles_brown">C.O. Brown</persName> called and
              sworn</head>
            <head>
              <persName ref="./glossaries.xml#james_mccaffrey">McCaffrey</persName>
            </head>
            <p>In the months of January, February, March and April last I resided in <placeName
                ref="./glossaries.xml#tucson">Tucson</placeName>.</p>
            <pb n="131"/>
            <p>I know of meetings during this time being held and I attended them--in regard to the
              Indians--to try to do something to prevent them from raiding on this country.</p>
            <p>Attended meetings in this Court House.</p>
            <p>Speeches were made. I don't recollect the speakers in the month of April last. I had
              conversation with an officer of the U.S. relative to fitting out an expedition against
              the Indians.</p>
            <p>The officer was Mr. <persName ref="./glossaries.xml#converse_rowell"
              >Rowell</persName> with whom I had some conversation.</p>
            <p>It was on or about the 26th day of April.</p>
            <p>Mr. <persName ref="./glossaries.xml#converse_rowell">Rowell</persName> came to my
              house--I told him I wished to have a talk with him that I wanted <pb n="132"/> some advice--I
              told him that the Indians had been depredating on the people here for many years--that
              since the <placeName ref="./glossaries.xml#camp_grant">Camp Grant</placeName>
              reservation had been established the Indian raids had become bolder and more frequent
              than ever before. The people of the valley were satisfied that it was the <placeName
                ref="./glossaries.xml#camp_grant">Camp Grant</placeName> Indians who were committing
              most of the depredations and the people were satisfied that those were the Indians
              that were raiding on us: that the people had formed a company of from 150 to 200 men:
              that their intentions were to go out to <placeName ref="./glossaries.xml#camp_grant"
                >Camp Grant</placeName>
              <pb n="133"/> and attack the Indians and kill everything in the shape of an Indian that could
              be found--and that I had been invited to go with the party. I told Mr. <persName
                ref="./glossaries.xml#converse_rowell">Rowell</persName> I wanted his advice on the
              subject: Mr. <persName ref="./glossaries.xml#converse_rowell">Rowell</persName> said
              to me that he had lost a great deal by the Indians--as much or more than a great many
              of those who were going out with the party--and that he would like to see every Indian
              in the Territory killed and he advised me not to go out with the party <pb n="134"/> but if I
              could assist them in any way to help the thing along to do it--but not to go out
              myself--Mr. <persName ref="./glossaries.xml#converse_rowell">Rowell</persName> said if
              these people went out there and attacked those Indians that it would create a bigger
              excitement in Washington than anything that ever had occurred in this country--that
              this affair would be investigated--and in all probability "I would be called on to
              prosecute these people" he says--"for the act which they are about now to commit and
              as you have as much or <pb n="135"/> more than any one that is going out you would be one of
              the first ones gobbled up"--he said "anything you can do to help this party you do it
              but my advice to you is to keep out of it and don't go out yourself"--that is about
              all the conversation I had with Mr. <persName ref="./glossaries.xml#converse_rowell"
                >Rowell</persName> with regard to it.</p>
            <p>Subsequent to that time I have had no particular conversation with Mr. <persName
                ref="./glossaries.xml#converse_rowell">Rowell</persName>--I was summoned on the
              Grand jury and I got Mr. <persName ref="./glossaries.xml#converse_rowell"
              >Rowell</persName> to get me excused from it.</p>
            <p>I was subpoenaed as a witness before the Grand Jury.</p>
            <pb n="136"/>
            <p>Mr. <persName ref="./glossaries.xml#converse_rowell">Rowell</persName> told me he
              thought he would want me up before the Grand Jury the next day. I told him he did not
              want me before the Grand Jury. I did not think he would have much use for me--he said
              he did not know but he might want me. I told Mr. <persName
                ref="./glossaries.xml#converse_rowell">Rowell</persName> then that if I was brought
              before the Grand Jury that I would probably be asked some questions that I would have
              to answer in regard to the conversation that took place between me and him on or about
              the 25th of April.</p>
            <p>Mr. <persName ref="./glossaries.xml#converse_rowell">Rowell</persName> said "I may
              not want you."</p>
            <pb n="137"/>
            <p>That was all the conversation. I was not called before the Grand Jury.</p>
          </div>
          <div type="testimony">
            <head>
              <persName ref="./glossaries.xml#converse_rowell">Rowell</persName>
            </head>
            <p>The General topic at these meetings was about the Indians.</p>
            <p>I did not understand that the particular object of the organization was to go to
                <placeName ref="./glossaries.xml#camp_grant">Camp Grant</placeName>.</p>
            <p>I did not say that I knew nothing of the killing at <placeName
                ref="./glossaries.xml#camp_grant">Camp Grant</placeName> in our conversation of my
              being summoned on the Grand Jury.</p>
            <p>I do not recollect of your asking me whether I had heard any particular individuals
              described in the <term corresp="./glossaries.xml#camp_grant_massacre">Camp Grant
                affair</term>.</p>
            <p>Mr. <persName ref="./glossaries.xml#william_oury">Wm. S. Oury</persName> had talked
              with me in such a way as to give me to understand he had <pb n="138"/> been there.</p>
          </div>
          <div type="testimony">
            <head>
              <persName ref="./glossaries.xml#john_titus">Judge</persName>
            </head>
            <p>I do not think that I communicated this talk I had with Mr. <persName
                ref="./glossaries.xml#converse_rowell">Rowell</persName> to any of the parties that
              went on this expedition.</p>
          </div>
        </div>
        <div type="witness">
          <div type="testimony">
            <head><persName ref="./glossaries.xml#john_anderson">John Anderson</persName> called and
              sworn</head>
            <head>
              <persName ref="./glossaries.xml#james_mccaffrey">McCaffrey</persName>
            </head>
            <p>About the time the Grand Jury was in session I had conversation with Mr. <persName
                ref="./glossaries.xml#converse_rowell">Rowell</persName>.</p>
            <p>Mr. <persName ref="./glossaries.xml#converse_rowell">Rowell</persName> asked if I
              knew of any parties that could give any evidence in this case. I mentioned some names
              and Capt. <persName ref="./glossaries.xml#converse_rowell">Rowell</persName> mentioned
              the name of Mr. <persName ref="./glossaries.xml#charles_brown">Brown</persName> as he
              might give some testimony or information remarking at the same time that "I had kept
              Mr. <persName ref="./glossaries.xml#charles_brown">Brown</persName> out of this
              trouble by my advice." That was the substance of the conversation <pb n="139"/> as far as Mr.
                <persName ref="./glossaries.xml#charles_brown">Brown</persName> was concerned.</p>
          </div>
        </div>
        <div type="witness">
          <div type="testimony">
            <head><persName ref="./glossaries.xml#converse_rowell">Mr. Rowell</persName> called and
              sworn</head>
            <head>
              <persName ref="./glossaries.xml#james_mccaffrey">McCaffrey</persName>
            </head>
            <p>Some time in April prior to the <term corresp="./glossaries.xml#camp_grant_massacre"
                >Grant affair</term> Mr. <persName ref="./glossaries.xml#charles_brown"
              >Brown</persName> came to me and wanted my advice on some matter.</p>
            <p>As he stated he said to the best of my recollection about this the people are trying
              to organize a party to go against the Indians will you take command of that party if
              it would be satisfactory.</p>
            <p>I told him I could not do so that my business would not allow me to do it. He said
              that the expedition might strike <placeName ref="./glossaries.xml#camp_grant">Camp
                Grant</placeName> before it returned. <pb n="140"/> I told him I thought it would be a very
              dangerous thing to do. That as I understood the matter the Indians were in some way
              under the protection of the government--I said further that I had no love for the
              Apache Indians and would like to see them exterminated if we could not have peace
              without it.</p>
            <p>I said further in the same conversation that it was the duty of every good citizen to
              try and stop these depredations as they could get no protection from the Military:
              that I would myself and had done all that I could to assist parties going after
              hostile Indians in the Territory <pb n="141"/> for 8 or 9 years--but that if the expedition
              tended toward <placeName ref="./glossaries.xml#camp_grant">Camp Grant</placeName> I
              thought it safer for him not to go. But if it was intended for hostile Indians who had
              been committing raids and whose trail could be easily followed that I believed in
              following them--when I came to <placeName ref="./glossaries.xml#tucson"
              >Tucson</placeName> in September for the purpose of attending the U.S. District Court
              and it was generally understood that the government had ordered a prosecution of the
              parties engaged in the <term corresp="./glossaries.xml#camp_grant_massacre">Grant
                affair</term> Mr. <persName ref="./glossaries.xml#charles_brown">Brown</persName>
              came to me and stated that my advice to him at the time had saved him from having any
              trouble in this <pb n="142"/> matter and that he was very glad he had talked with me.</p>
            <p>I would state that in seeking evidence and consulting Mr. <persName
                ref="./glossaries.xml#john_anderson">Anderson</persName>--who was my substitute--we
              took the names of nearly all the prominent citizens of the place who were known not to
              have been connected with the <term corresp="./glossaries.xml#camp_grant_massacre"
                >Grant affair</term> personally, Mr. <persName ref="./glossaries.xml#charles_brown"
                >Brown</persName> among the number.</p>
            <p>It was impossible for us to find any single person in the town who knew any thing
              about the matter or who could state that they had heard any of the defendants tell
              them any of the circumstances of that transaction. <pb n="143"/> Several of them were called
              before the Grand Jury.</p>
            <p>I was compelled at last in order to get any evidence to call upon the defendants
              themselves.</p>
            <p>The reason that Mr. <persName ref="./glossaries.xml#charles_brown">Brown</persName>
              was not called before the Grand Jury was because all of the facts were being elicited
              by some of the defendants themselves who were before the Grand Jury as witnesses.</p>
            <p>I would state further that at the time of my conversation with Mr. <persName
                ref="./glossaries.xml#charles_brown">Brown</persName> and at no time afterward until
              after the affair had occurred did I believe that any attack upon <placeName
                ref="./glossaries.xml#camp_grant">Camp Grant</placeName> was seriously contemplated
              by the <pb n="144"/> citizens of the Territory. Nor do I now believe that such was the
              intention when the meetings were held. I had heard rumors for a month or more that
              such an attempt would be made.</p>
          </div>
        </div>
        <div type="witness">
          <div type="testimony">
            <head>Sergt. <persName>J.W. Collough</persName> called and sworn</head>
            <head>
              <persName ref="./glossaries.xml#james_mccaffrey">McCaffrey</persName>
            </head>
            <p>I am a Sergt. in the U.S. Army been Sergt. about 3 years.</p>
            <p>I was not acquainted with Mr. <persName ref="./glossaries.xml#sam_brown"
              >Brown</persName> a mail rider--don't know when he was killed.</p>
            <p>I know of some soldiers of my acquaintance being killed while with the mail.</p>
            <p>It was last year.</p>
            <p>I know the breach loaders that <persName>Moore</persName> and
              <persName>Peabody</persName> had can't recollect the numbers.</p>
            <p>Think one number was 220.</p>
            <pb n="145"/>
            <p>I think I have seen some of those guns since the soldiers were killed. To the best of
              my knowledge saw them the guns at <placeName ref="./glossaries.xml#camp_grant">Camp
                Grant</placeName> sometime this year.</p>
            <p>These were in the possession of Indians there. <persName ref="./glossaries.xml#carse"
                >Carse</persName> had one of the guns--another Indian had the other.</p>
          </div>
          <div type="testimony">
            <head>
              <persName ref="./glossaries.xml#john_titus">Judge</persName>
            </head>
            <p>That was a breach loading musket such as our army now uses.</p>
          </div>
          <div type="testimony">
            <head>
              <persName ref="./glossaries.xml#converse_rowell">Rowell</persName>
            </head>
            <p>I think it was in April when I saw these guns in the hands of the Indians.</p>
            <p>It might have been six months before that the soldiers were killed.</p>
          </div>
        </div>
        <div type="witness">
          <div type="testimony">
            <head><persName>Mr. Hopkins</persName> called and sworn</head>
            <head>
              <persName ref="./glossaries.xml#james_mccaffrey">McCaffrey</persName>
            </head>
            <p>I know of some meetings having been held in <placeName ref="./glossaries.xml#tucson"
              >Tucson</placeName> in the early <pb n="146"/> part of this year to take into consideration
              Indian affairs. </p>
            <p>I was appointed member of a committee at one of these meetings. Was on two
              committees. 1st one was to devise means of procedure against the Indians. The other
              was to get General <persName ref="./glossaries.xml#george_stoneman"
              >Stoneman</persName>'s cooperation.</p>
            <p>On the latter committee were Messrs. <persName ref="./glossaries.xml#sylvester_mowry"
                >Mowry</persName>, <persName ref="./glossaries.xml#sidney_delong">DeLong</persName>,
                <persName ref="./glossaries.xml#d_a_bennett">Bennett</persName> and <persName
                ref="./glossaries.xml#william_oury">Oury</persName>--<persName
                ref="./glossaries.xml#william_oury">W.S. Oury</persName>. They waited on General
                <persName ref="./glossaries.xml#george_stoneman">Stoneman</persName>.</p>
            <p>He promised no additional assistance.</p>
            <p>Someone speaking of the depredations committed in the vicinity of <placeName
                ref="./glossaries.xml#tucson">Tucson</placeName> and that they had reason to believe
              they were made by Indians from <placeName ref="./glossaries.xml#camp_grant">Camp
                Grant</placeName>. <pb n="147"/> Some one said what would be the consequence provided the
              trails were followed to <placeName ref="./glossaries.xml#camp_grant">Camp
              Grant</placeName> if the parties in pursuit should catch and kill those Indians. He
              General <persName ref="./glossaries.xml#george_stoneman">Stoneman</persName> said he
              thought it would facilitate the final result but he would have to follow and capture
              those who did it.</p>
            <p>His manner of saying it left the impression on my mind that he would do it purely as
              a matter of duty but that privately he would not condemn the pursuit of hostile
              Indians by citizens.</p>
            <p>I know that this was the impression left on the minds of the committee.</p>
            <p>I have frequently communicated this as my impression.</p>
            <pb n="148"/>
            <p>I have talked with Lt. <persName ref="./glossaries.xml#royal_whitman"
              >Whitman</persName> relative to <term corresp="./glossaries.xml#camp_grant_massacre"
                >Grant affair</term> since. He used expressions that left impressions on my mind.
              One relation that he claimed to stand in to the Indians was that of a lawyer to his
              clients</p>
            <p>In regard to his report, I charged him with suppressing the truth.</p>
            <p>He said in effect he was not bound to explain both sides of the question.</p>
          </div>














        </div>

      </div>
      
      <pb n="149"/> 
      <div type="day">
        <head>The United States vs. <persName ref="./glossaries.xml#sidney_delong">Sidney R.
          DeLong</persName> et al.</head>
        <head>Monday December 11th 1871</head>
        <p>Prosecution opened</p>
        <p><persName ref="./glossaries.xml#oscar_buckalew">Oscar Buckalew</persName> called and
          sworn</p>
        <div type="witness">
          <div type="testimony">
            <head><persName ref="./glossaries.xml#william_oury">W.S. Oury</persName> in place of
                <persName ref="./glossaries.xml#james_mccaffrey">McCaffrey</persName></head>
            <p>I have been present at meetings in this place on Indian subjects, have been present
              at some at which Mr. <persName ref="./glossaries.xml#converse_rowell"
              >Rowell</persName> was present.</p>
            <p>Mr. <persName ref="./glossaries.xml#converse_rowell">Rowell</persName> made a speech
              at one of those meetings.</p>
            <p>The last of January or 1st of February of this year I heard him make a long speech in
              favor of raising volunteers to carry on a war against the hostile Apache.</p>
            <p>That is the substance of his speech as far as I remember.</p>
            <p>He made no reference to any particular campaign as far as I remember.</p>
            <p>I remember that reference was made to the report of General <persName
                ref="./glossaries.xml#george_stoneman">Stoneman</persName> by Mr. <persName
                ref="./glossaries.xml#converse_rowell">Rowell</persName>.</p>
            <pb n="150"/>
            <p>The ground taken was that the assistance to be expected from General <persName
                ref="./glossaries.xml#george_stoneman">Stoneman</persName> would be nothing.</p>
            <p>He, Mr. <persName ref="./glossaries.xml#converse_rowell">Rowell</persName>, urged
              action to be taken by the citizens upon the Indian trouble--to raise companies and
              make war upon the Apache.</p>
          </div>

          <div type="testimony">
            <head>
              <persName ref="./glossaries.xml#converse_rowell">Rowell</persName>
            </head>
            <p>My impression is that the speech Mr. <persName ref="./glossaries.xml#converse_rowell"
                >Rowell</persName> made at the meeting was after the adjournment of the
              Legislature--never heard Mr. <persName ref="./glossaries.xml#converse_rowell"
              >Rowell</persName> make but one speech to the best of my recollection.</p>
            <p>I think Mr. <persName ref="./glossaries.xml#sidney_delong">DeLong</persName> or
                <persName ref="./glossaries.xml#john_anderson">Anderson</persName> was chairman of
              that meeting.</p>
            <p>The ground I remember that Mr. <persName ref="./glossaries.xml#converse_rowell"
                >Rowell</persName> took was that the report of General <persName
                ref="./glossaries.xml#george_stoneman">Stoneman</persName> was false.</p>
            <p>I think I remember remarks 
              <pb n="151"/>
              being made that that report ought to be
              counteracted--it was said measures should be taken to prove that that report was
              false.</p>
            <p>I know that a committee was appointed--evidence was gathered, pamphlet published and
              circulated on the subject.</p>
          </div>
        </div>

        <div type="witness">
          <div type="testimony">
            <head>
              <persName ref="./glossaries.xml#james_mccaffrey">McCaffrey</persName>
            </head>
            <p>Mr. <persName ref="./glossaries.xml#john_wasson">Wasson</persName> called and sworn</p>
            <p>I have a copy of the report of General <persName
                ref="./glossaries.xml#george_stoneman">Stoneman</persName> of October 31st 1870.</p>
            <p>I requested this from Washington from Mr. <persName
                ref="./glossaries.xml#richard_mccormick">McCormick</persName> or someone else. I do
              not distinctly remember.</p>
            <p>I have not the original now.</p>
            <p>I think it came under Mr. <persName ref="./glossaries.xml#richard_mccormick"
                >McCormick</persName>'s frank.</p>
            <p>(Verified copy of General <persName ref="./glossaries.xml#george_stoneman"
              >Stoneman</persName>'s report of October 31st 1870 offered and admitted)</p>
            <pb n="152"/>
            <p>I have a true copy of an order of <persName ref="./glossaries.xml#vincent_colyer"
                >Vincent Colyer</persName>--verified by the name of Capt. <persName
                ref="./glossaries.xml#frank_stanwood">Frank Stanwood</persName> relative to Indians
              at <placeName ref="./glossaries.xml#camp_grant">Camp Grant</placeName>.</p>
            <p>(The true copy dated <placeName ref="./glossaries.xml#camp_grant">Camp
              Grant</placeName> A.T. September 18th 1871 offered and admitted as evidence)</p>
            <p>I am Surveyor-General of the U.S. service territory of <placeName
                ref="./glossaries.xml#arizona">Arizona</placeName>.</p>
            <p>I have a certified tracing of the Plat of <placeName
                ref="./glossaries.xml#camp_grant">Camp Grant</placeName> reservation--(Plat
              presented). Am not allowed to make surveys on the ground described in Plat of that
              reservations.</p>
            <p>(The Plat offered in evidence by counsel for defense)</p>
            <p>I am not instructed particularly where but where not I am to make surveys in the
              territory.</p>
            <p>I have advices from Washington in relation to <placeName
                ref="./glossaries.xml#camp_grant">Camps Grant</placeName> and other reservations up
              to November 16th or 17th, 1871.</p>
            <p>(Plat admitted)</p>
          </div>
        </div>
        <pb n="153"/>
        <div type="witness">
          <div type="testimony">
            <head>
              <persName ref="./glossaries.xml#james_mccaffrey">McCaffrey</persName>
            </head>
            <p>Governor <persName ref="./glossaries.xml#anson_safford">Safford</persName> called and
              sworn</p>
            <p>In this Territory I hold the position of Governor.</p>
            <p>I have in the last year and a half travelled in various portions of the Territory.</p>
            <p>I have had interviews with the Apaches with the object of finding out their ideas of
              peace; whether they were in good faith and whether they desired to be at peace or not
              and whether they had any complaints to make.</p>
            <p>The Indians with whom I had these interviews were at <placeName
                ref="./glossaries.xml#camp_grant">Camps Grant</placeName> and <placeName
                ref="./glossaries.xml#camp_goodwin">Goodwin</placeName>.</p>
            <p>I had conversations with those at <placeName ref="./glossaries.xml#camp_goodwin"
                >Goodwin</placeName> in May 1870.</p>
            <p>The day I had conversation with those I should 
              <pb n="154"/>
              suppose there were 400 or 500
              men, women and children.</p>
            <p>I had conversation with those at Apache numbering about 500 a few days later.</p>
            <p>They talked with me as though they wanted peace--they talked about their former
              conduct.</p>
            <p>One chief spoke of the good old times when they could raid with safety but that the
              danger now made it to their interest to make and keep peace.</p>
            <p>Spoke of it merely as a matter of interest and with no regret for past crimes.</p>
            <p>He was now old and tired of war and went to bed at night not knowing that he would be
              alive in the morning.</p>
            <p>I had conversation with others, the substance 
              <pb n="155"/>
              was pretty much the same. One
              Indian up near the <placeName ref="./glossaries.xml#little_colorado">Little
              Colorado</placeName>--I asked if he was willing to make common cause with us: make our
              enemies his--hesitated and finally said that his tribe was intermixed with the others,
              their interests the same, and he could not join with whites.</p>
            <p>I do not know his name.</p>
            <p>The Indians I speak of seemed to be under no restraint whatever. On my return to
                <placeName ref="./glossaries.xml#camp_goodwin">Goodwin</placeName> I learned that an
              Indian chief named <persName ref="./glossaries.xml#captain_chiquito"
              >Chiquito-Capitan</persName> had been in from the <placeName
                ref="./glossaries.xml#pinal_mountains">Pinal Mountains</placeName> and desired
              peace--Col. <persName ref="./glossaries.xml#robert_pollock">Pollock</persName> stated
              that he was one of the leading chiefs of that section of country and considered 
              <pb n="156"/>
              it an important event--I subsequently learned that upon leaving the post he, the same
              chief, stole a burro and joined the war party that took the train between here and
                <placeName ref="./glossaries.xml#camp_grant">Grant</placeName> at the time that
                <persName>Kennedy</persName> and <persName>Israel</persName> were killed.</p>
            <p>Lt. <persName ref="./glossaries.xml#howard_cushing">Cushing</persName> informed me
              that between the time that the Indian with this burro joined the trail, there had been
              a rain, the Indian taking the trail subsequently, and that he would have been unable
              to follow the trail had it not been for the fresh track of the burro.</p>
            <p>The Indians at <placeName ref="./glossaries.xml#camp_goodwin">Goodwin</placeName>
              were in camp within two or three hundred yards 
              <pb n="157"/>
              of the camp but could come or go
              at will.</p>
            <p>There seemed to be no lines and no guard of any description.</p>
            <p>I had a conversation with Col. <persName ref="./glossaries.xml#robert_pollock"
                >Pollock</persName> in which speaking of the probability of them having raided on
              settlers--he said that some of those that come in were good Indians but that a portion
              of them did undoubtedly more or less raid on the citizens.</p>
            <p>Maj. <persName>Smith</persName> was in command at <placeName
                ref="./glossaries.xml#camp_apache">Apache</placeName> when I was there. Col.
                <persName ref="./glossaries.xml#john_green">Green</persName> was the appointed
              commander but Maj. <persName>Smith</persName> was acting.</p>
            <p>The Indians at <placeName ref="./glossaries.xml#camp_apache">Camp Apache</placeName>
              were living all over the country.</p>
            <pb n="158"/>
            <p>They were unrestrained and unlimited.</p>
            <p>The country is now and has been very unsafe.</p>
            <p>I have travelled with armed parties mostly, sometimes travelled alone by slipping
              through the more dangerous places at night--never travelled alone when I could avoid
              it.</p>
            <p>I consider it safe nowhere in the Territory to travel alone except on some parts of
              the <placeName ref="./glossaries.xml#little_colorado">Colorado</placeName>--perhaps
              down towards <placeName ref="./glossaries.xml#yuma">Yuma</placeName> and some places
              on the <placeName ref="./glossaries.xml#gila_river">Gila</placeName>--at the present
              time and for the last 2 years.</p>
            <p>There were perhaps more depredations a few months just previous to the last of
              October 1870 than at any other time.</p>
            <pb n="159"/>
            <p>The universal desire of the citizens is to have peace.</p>
            <p>Have had the best opportunities of knowing; have talked with nearly every man in the
              territory.</p>
            <p>I think there is a strong hatred among the people against the Apache arising from a
              long series of outrages and tortures.</p>
            <p>Have had opportunities to notice farmers conducting their farming operations, they
              either carry their arms with them or have them convenient to be reached.</p>
            <p>Freighters, herders and miners all go armed and carry their arms with them
              everywhere.</p>
            <p>There has not appeared any beneficial results 
              <pb n="160"/>
              since Mr. <persName
                ref="./glossaries.xml#vincent_colyer">Colyer</persName> visited the territory.</p>
            <p>I called upon General <persName ref="./glossaries.xml#george_thomas"
              >Thomas</persName> when he was in command of the Divisions of the Pacific for arms,
              ammunition and rations--I also called upon the Secretary of War for arms and
              ammunition.</p>
            <p>General <persName ref="./glossaries.xml#george_thomas">Thomas</persName> referred my
              request to the Gen. of the Army, General <persName
                ref="./glossaries.xml#william_sherman">Sherman</persName>--he replied authorizing
              the issue of arms, ammunition and rations to all citizens who wished to fight against
              hostile Indians under military officers.</p>
            <p>The Secretary of War responded by forwarding 744 stand of arms at different times and
              also a large quantity of ammunition for arming citizens.</p>
            <p>The arms  
              <pb n="161"/>
              have been issued to citizens under the Adjt. General of the Territory
              and his assistants.</p>
            <p>I know of arms, ammunition and rations having been issued to citizens in accordance
              with order of General <persName ref="./glossaries.xml#william_sherman"
              >Sherman</persName>.</p>
            <p>In August 1870 I raised a company and went out under the command of the military
              authorities, drawing arms, ammunition and rations in accordance with the order of
              General <persName ref="./glossaries.xml#william_sherman">Sherman</persName>.</p>
            <p>We were under the orders of the military officer that accompanied us. Officer with us
              all the time.</p>
            <p>There were U.S. officers present at the meetings to organize the expedition in August
              1870.</p>
            <pb n="162"/>
            <p>Col. <persName ref="./glossaries.xml#isaac_dunkleberger">Dunkleberger</persName>,
              Col. <persName ref="./glossaries.xml#james_grafton_lee">Lee</persName>, and Lt.
                <persName ref="./glossaries.xml#howard_cushing">Cushing</persName>.</p>
          </div>

          <div type="testimony">
            <head>
              <persName ref="./glossaries.xml#converse_rowell">Rowell</persName>
            </head>
            <p>I was at <placeName ref="./glossaries.xml#camp_apache">Camp Apache</placeName> the
              last day of May and left the 1st of June 1870.</p>
            <p>While there I was under the impression (don't know whether I expressed it or not)
              that those Indians might be made peaceable.</p>
            <p>Made no special examination how the Indians were fed.</p>
            <p>Think Mr. <persName ref="./glossaries.xml#vincent_colyer">Colyer</persName> was here
              about the 12th of September.</p>
            <p>I presume there is danger on the roads from others than Indians.</p>
            <p>I know of depredations being committed between here and <placeName
                ref="./glossaries.xml#sonora">Sonora</placeName> by outlaws.</p>
            <p>There is some danger
              <pb n="163"/>
              in travel besides that from Indians.</p>
            <p>I should not have much fear of other dangers--but like all new countries there is
              danger to a certain extent from outlaws.</p>
            <p>My whole trip occupied something over a month.</p>
            <p>3 days at <placeName ref="./glossaries.xml#camp_apache">Camp Apache</placeName>, 3
              days and nights at <placeName ref="./glossaries.xml#camp_goodwin">Goodwin</placeName>.</p>
            <p>Col. <persName ref="./glossaries.xml#robert_pollock">Pollock</persName> at <placeName
                ref="./glossaries.xml#camp_goodwin">Goodwin</placeName> seemed to be favorably
              inclined toward the Indians.</p>
            <p>Upon questioning him closely as to whether they committed depredations he could not
              say certainly, but that every Indian whom he could keep 
              <pb n="164"/>
              at the post he kept from
              raiding.</p>
            <p>Maj. <persName>Smith</persName> at <placeName ref="./glossaries.xml#camp_apache">Camp
                Apache</placeName> said they the Indians there had only been in a few days and had
              not much experience with them.</p>
            <p>They had been sometime at <placeName ref="./glossaries.xml#camp_goodwin"
              >Goodwin</placeName>.</p>
            <p>From conversation and observation with the Indians they expressed no fear nor
              suspicion. Seemed to accept the situation as it was and made no comments on it.</p>
          </div>
        </div>

        <div type="witness">
          <div type="testimony">
            <head>
              <persName ref="./glossaries.xml#james_mccaffrey">McCaffrey</persName>
            </head>
            <p>Lt. <persName ref="./glossaries.xml#john_bourke">J.G. Burke</persName> called and
              sworn.</p>
            <p>I am 2nd Lt. in 3rd U.S. Cavalry.</p>
            <p>I crossed the <placeName ref="./glossaries.xml#arizona">Arizona</placeName> line on
              the 3rd or 4th day March 1870. Been here constantly since.</p>
            <pb n="165"/>
            <p>Have had ample opportunity to observe Indian affairs in southern <placeName
                ref="./glossaries.xml#arizona">Arizona</placeName>.</p>
            <p>As far as the Indians are concerned they are in a constant state of war and
              depredation upon the whites.</p>
            <p>Since I have been here there has been no actual peace. The Indians at <placeName
                ref="./glossaries.xml#camp_apache">Camp Apache</placeName> professed to be at peace
              but I know of some of them committing depredations.</p>
            <p>I consider the peace a farce.</p>
            <p>I consider it to be no safer now than it has been for the last year and a half in the
              territory.</p>
            <p>From the time I arrived here to the 1st of April last
              <pb n="166"/>
              the condition of affairs
              was as I have described it.</p>
            <p>Between the 1st of February and the last of April of this year I know of one case of
              depredation of the Indians in the vicinity of <placeName
                ref="./glossaries.xml#camp_grant">Camp Grant</placeName>.</p>
            <p>About the 15th of April Lt. <persName ref="./glossaries.xml#howard_cushing"
              >Cushing</persName> commanding my company was notified that Indians had run off stock
              from the vicinity of <placeName ref="./glossaries.xml#san_xavier">San
              Xavier</placeName> and citizens were about starting after them.</p>
            <p>Lt. <persName ref="./glossaries.xml#howard_cushing">Cushing</persName> had about 20
              of the troop go with them the citizens. I accompanied them. We started out through the
                <placeName ref="./glossaries.xml#rillito">Rillito pass</placeName> to see if we
              could not get ahead of them on the
              <pb n="167"/>
              trail--the Indians took the right hand
              pass--there are two passes--and the citizens caught up to them at the extremity of the
              right hand pass.</p>
            <p>Killed one of them and recaptured the stock.</p>
            <p>There were only three Indians in the party.</p>
            <p>One was killed and the others escaped.</p>
            <p>We did not pursue them.</p>
            <p>That is the only affair I know of.</p>
            <p>The trail we were following when we found the Indians runs right to <placeName
                ref="./glossaries.xml#camp_grant">Camp Grant</placeName>.</p>
            <p>I know of no other depredations.</p>
          </div>
          
          <pb n="168"/>
          <div type="testimony">
            <head>
              <persName ref="./glossaries.xml#converse_rowell">Rowell</persName>
            </head>
            <p>We saw the tracks of the Indians we were following and the stock--did not overtake
              the Indians.</p>
            <p>I was with the expedition that went out with Gov. <persName
                ref="./glossaries.xml#anson_safford">Safford</persName>.</p>
            <p>The result of the last expedition (Gov. <persName
                ref="./glossaries.xml#anson_safford">Safford</persName>'s) was that the Indians left
              this portion of the country.</p>
            <p>We found 2 skulls and a scalp where they had been encamped.</p>
            <p>The mail bags we found in their <term corresp="./glossaries.xml#rancheria"
              >rancheria</term>--this was in September 1870.</p>
            <p>I mean to say that the trail we followed was the one used by the Indians in going to
                <placeName ref="./glossaries.xml#camp_grant">Camp Grant</placeName>. It divides in
              two--one comes out about 15, the other about 11 miles above <placeName
                ref="./glossaries.xml#camp_grant">Camp Grant</placeName>. There was no evidence of
              the Indians having left the trail, 
              <pb n="169"/>
              and they would naturally come out at the
                <placeName ref="./glossaries.xml#aravypa_cañon">Aryvypa</placeName>, <placeName
                ref="./glossaries.xml#camp_grant">Camp Grant</placeName>.</p>
          </div>
        </div>
        <div type="witness">
          <div type="testimony">
            <head>
              <persName ref="./glossaries.xml#james_mccaffrey">McCaffrey</persName>
            </head>
            <p>Dr. <persName>H. K. Durrand</persName> called and sworn.</p>
            <p>I only remember of one batch of Apache captives that was at <placeName
                ref="./glossaries.xml#camp_lowell">Camp Lowell</placeName> in 1869--they were
              provided straw for bedding, good food and medical attention.</p>
            <p>Some of these captives were prisoners--I think two died--2 or 3 others escaped.</p>
            <p>One little boy was turned over to me</p>
            <p>I have him now, have pledged myself for his kind treatment.</p>
            <p>He has been well treated by me, as much so as if he was my own child.</p>
            <p>He has been perfectly contented with us,
              <pb n="170"/>
              nothing would alarm him so much as to
              be told he was to be sent back to the Apaches.</p>
            <p>He has never evidenced any desire to go back to the Apache while in my charge.</p>
            <p>When delivered to me he was about 7 or 8 years of age.</p>
            <p>I don't remember of any other captive in the hands of whites.</p>
          </div>
          <div type="testimony">
            <head>
              <persName ref="./glossaries.xml#converse_rowell">Rowell</persName>
            </head>
            <p>I have been kind to him and he has reciprocated it.</p>
            <p>He appears to have as much intelligence as any white child.</p>
            <p>Learns easily.</p>
            <p>If he is a type of the Apaches, there would be no difficulty in making intelligent
              men of the Apaches.</p>
          </div>
        </div>
        
        <pb n="171"/>
        <div type="witness">
          <div type="testimony">
            <head>
              <persName ref="./glossaries.xml#james_mccaffrey">McCaffrey</persName>
            </head>
            <p>Dr. <persName ref="./glossaries.xml#john_handy">Handy</persName> called and sworn.</p>
            <p>Been about 5 years in the Territory.</p>
            <p>Have had opportunities of noticing the Indians on the reservations.</p>
            <p>At <placeName ref="./glossaries.xml#camp_apache">Camp Apache</placeName>, <placeName
                ref="./glossaries.xml#camp_goodwin">Camp Goodwin</placeName> and <placeName
                ref="./glossaries.xml#camp_grant">Camp Grant</placeName>.</p>
            <p>I speak the Apache language sufficiently to make myself understood by them.</p>
            <p>The understanding of the Indians at <placeName ref="./glossaries.xml#camp_grant">Camp
                Grant</placeName> was that they were to be fed and treated kindly at the post and
              were to have all they wanted.</p>
            <p>They were given to understand this.</p>
            <p>Their understanding with the officers was somewhat indefinite.</p>
            <p>It was an inducement held out to them that the officers had written to 
              <pb n="172"/>
              Washington and were going to get them blankets and horses and cattle and set them up
              in fine style but it was never realized.</p>
            <p>They did not consider themselves bound to remain where they were: they considered
              themselves independent and could go where they wanted--there were promises exacted
              from them to remain but they left when they wanted.</p>
            <p>Have seen some of the same Indians at <placeName ref="./glossaries.xml#camp_goodwin"
                >Goodwin</placeName> and Apaches that I saw at <placeName
                ref="./glossaries.xml#camp_grant">Camp Grant</placeName>.</p>
            <p>I have seen nearly all at <placeName ref="./glossaries.xml#camp_goodwin"
              >Goodwin</placeName> that were at <placeName ref="./glossaries.xml#camp_grant">Camp
                Grant</placeName> when peace was first made with them, excepting some <term
                corresp="./glossaries.xml#tontos_indians">Tontos</term>.</p>
            <pb n="173"/>
            <p>They had been at <placeName ref="./glossaries.xml#camp_goodwin">Goodwin</placeName>
              under conditions much the same as those they were under at <placeName
                ref="./glossaries.xml#camp_grant">Camp Grant</placeName>.</p>
            <p>They left <placeName ref="./glossaries.xml#camp_goodwin">Goodwin</placeName> every
              year as soon as the warm weather commenced without permission and sometimes would
              commit depredations, sacking houses etc., right at the post.</p>
            <p>I know <persName ref="./glossaries.xml#captain_chiquito">Capitan Chiquito</persName>
              at <placeName ref="./glossaries.xml#camp_grant">Camp Grant</placeName>; have seen him
              at <placeName ref="./glossaries.xml#camp_goodwin">Goodwin</placeName>, always some of
              his band at <placeName ref="./glossaries.xml#camp_goodwin">Goodwin</placeName>.</p>
            <p>Don't know whether <persName ref="./glossaries.xml#captain_chiquito"
              >Chiquito</persName> was at <placeName ref="./glossaries.xml#camp_grant">Camp
              Grant</placeName> previous to the 30th of April last.</p>
            <p>These Indians at <placeName ref="./glossaries.xml#camp_grant">Camp Grant</placeName>
              understood that they were to be at peace with the whites and Mexicans, that they were
              not to go into <placeName ref="./glossaries.xml#sonora">Sonora</placeName> ever, 
              <pb n="174"/>
              that they were to get leave when they wished to leave the reservation.</p>
            <p>I never heard the <term corresp="./glossaries.xml#papago_indians">Papagos</term> and
                <term corresp="./glossaries.xml#pima_indians">Pimas</term> named in treaty
              stipulations with the Apaches.</p>
            <p>I know what the treaty stipulations were with the Indians during the time I have been
              in the territory.</p>
            <p>I do know of Indians that I saw at <placeName ref="./glossaries.xml#camp_grant">Camp
                Grant</placeName> having previously left at <placeName
                ref="./glossaries.xml#camp_goodwin">Goodwin</placeName> on raids upon whites and
              while they were under treaty stipulations.</p>
          </div>
          <div type="testimony">
            <head>
              <persName ref="./glossaries.xml#john_titus">Judge</persName>
            </head>
            <p>I have been brought in contact with 9 sub-tribes of the Apaches acknowledging
              connection with the Apaches, viz.--commencing on the south is <term
                corresp="./glossaries.xml#cochise_tribe">Cochise's tribe</term>-- 
              <pb n="175"/>
              the next to
              the north is the <term corresp="./glossaries.xml#rio_bonito_indians">Rio Bonito
              tribe</term>--the third are the <term
                corresp="./glossaries.xml#white_mountain_indians">White Mountain or Coyotero
              Indians</term>--west of those are the <term>Pedro's Indians</term>--then
                <term>Miguel's tribe</term>, fifth--then comes the tribe known as the <term
                corresp="./glossaries.xml#tierra_colorado_indians">Tierra Colorada
              tribe</term>--then below that are two sub-divisions of the <term
                corresp="./glossaries.xml#pinal_indians">Pinals</term>--both north of the <placeName
                ref="./glossaries.xml#gila_river">Gila</placeName>--the ninth is the tribe of the
                <term corresp="./glossaries.xml#aryvypa_indians">Aryvypa</term>, formerly two now
              united into one.</p>
            <p>The Indians quartered in the neighborhood of <placeName
                ref="./glossaries.xml#camp_grant">Camp Grant</placeName> are Apaches.</p>
          </div>

          <div type="testimony">
            <head>Juror</head>
            <p>They were living in the <placeName ref="./glossaries.xml#aravypa_cañon">Aryvypa
              Canon</placeName> when I was there.</p>
            <p>Hostile Indians might have been living there without 
              <pb n="176"/>
              the officers knowing it--they
              might have brought stolen stock into that place and the officers of the post have
              known nothing about it.</p>
            <p>The families of such hostile Indians might have obtained rations and the officers
              have not have known it.</p>
          </div>

          <div type="testimony">
            <head>
              <persName ref="./glossaries.xml#john_titus">Judge</persName>
            </head>
            <p>I have known of good Indians at peace having been made the feeders of hostile Indians
              who made no professions of peace--at <placeName ref="./glossaries.xml#camp_goodwin"
                >Goodwin</placeName> and <placeName ref="./glossaries.xml#camp_grant">Camp
              Grant</placeName> both.</p>
            <p>I know of stuff being packed from <placeName ref="./glossaries.xml#camp_goodwin"
                >Goodwin</placeName> almost daily to the <placeName
                ref="./glossaries.xml#turnbull_mountains">Turnbull mountains</placeName> where there
              were hostile Indians and on 3 occasions when camps have been jumped there, I have
              found the <placeName ref="./glossaries.xml#camp_goodwin">Goodwin</placeName> stuff in
              the hostile camp.</p>
            <pb n="177"/>
            <p>The thing was done here daily and no attempt was made to conceal it. I don't remember
              of any of these instances particularly at <placeName ref="./glossaries.xml#camp_grant"
                >Camp Grant</placeName>.</p>
            <p>I remember more distinctly of <placeName ref="./glossaries.xml#camp_goodwin"
              >Goodwin</placeName> and <placeName ref="./glossaries.xml#camp_apache">Camp
              Apache</placeName>, but these Indians were all the same at the 3 posts, intermarried
              and friendly.</p>
            <p>I know of ammunition being furnished by friendly to hostile Indians at <placeName
                ref="./glossaries.xml#camp_goodwin">Goodwin</placeName> and <placeName
                ref="./glossaries.xml#camp_apache">Apache</placeName> and traded with them for
              horses etc. </p>
            <p>At both <placeName ref="./glossaries.xml#camp_goodwin">Goodwin</placeName> and
                <placeName ref="./glossaries.xml#camp_apache">Apache</placeName> I know that
              officers and U.S. service men traded ammunition to those friendly Indians.</p>
            <p>The same was done by citizen teamsters, as I was shown by the Indians the ammunition
              <pb n="178"/>
              traded to them by teamsters.</p>
            <p>Col. <persName ref="./glossaries.xml#john_green">Green</persName> was one of the
              officers that traded ammunition.</p>
            <p>I heard General <persName ref="./glossaries.xml#george_stoneman">Stoneman</persName>
              order ammunition to be issued to the Indians--he made this order probably in the
              summer of 1870.</p>
            <p>Col. <persName>Hunt</persName> and Capt. <persName
                ref="./glossaries.xml#dennis_barry">Barry</persName> traded ammunition with these
              Indians.</p>
            <p>They traded for game principally; also works of art, moccasins, etc., but mostly for
              game--sometimes for a buffalo robe, buckskins, etc.</p>
            <p>I have seen Col. <persName>Hunt</persName> pour from his powder flack into an
              Indian's breach-clout probably half a pound of powder and ask him if he wanted more in
              payment for a turkey. I have seen Col. <persName ref="./glossaries.xml#john_green"
                >Green</persName> trade copper cartridges 
              <pb n="179"/>
              for a turkey--looked like a hat full
              of cartridges.</p>
            <p>Have seen Capt. <persName ref="./glossaries.xml#dennis_barry">Barry</persName> trade
              ammunition for game--and there was a standing order that the post interpreter should
              give out 5 to 10 rounds of ammunition for each turkey brought in for the officers'
              mess. Col. <persName ref="./glossaries.xml#john_green">Green</persName> made this
              order and it was known all around.</p>
            <p>The interpreters name was <persName ref="./glossaries.xml#alex_dodson">Alex
              Dodson</persName>, commonly known as Smart Alex.</p>
            <p>There were hostile Indians in there (at <placeName ref="./glossaries.xml#camp_apache"
                >Camp Apache</placeName>) while this was being done all the time, and they were
              planning raids all the time I was there.</p>
            <p>I know of Indians who received ammunition daily from officers 
              <pb n="180"/>
              and soldiers
              absenting themselves from the post and on their return would bring back stock and I
              have reported it to Col. <persName ref="./glossaries.xml#john_green">Green</persName>,
              the commander of the post, and another time I reported to Maj. <persName
                ref="./glossaries.xml#frank_perry">Perry</persName> of a similar case, and I could
              frequently have reported similar cases but found no notice taken of it. The Indians
              would come in my quarters and report the raids they had been on--the last raid that
              was made in <placeName ref="./glossaries.xml#camp_apache">Camp Apache</placeName> some
              months since was planned while I was there and I had reported it to Col. <persName
                ref="./glossaries.xml#john_green">Green</persName>, commanding officer
              <pb n="181"/>
              and he
              laughed at it.</p>
            <p>During the time this ammunition was being issued to Indians, <persName
                ref="./glossaries.xml#cochise">Cochise</persName> and members of his band were in
              there occasionally.</p>
          </div>
          <div type="testimony">
            <head>
              <persName ref="./glossaries.xml#converse_rowell">Rowell</persName>
            </head>
            <p>I was at <placeName ref="./glossaries.xml#camp_apache">Camp Apache</placeName> about
              a year--through the year 1870--I was at <placeName ref="./glossaries.xml#camp_goodwin"
                >Goodwin</placeName> about 3 years prior to 1870--about a year at <placeName
                ref="./glossaries.xml#camp_grant">Camp Grant</placeName> in 1866.</p>
            <p>My statements relative to affairs at <placeName ref="./glossaries.xml#camp_grant"
                >Camp Grant</placeName> were only as to when I was there in 1866.</p>
            <p>About the numbers in the whole 9 tribes, is from 5000 to 7000 men, women and
              children.</p>
            <p>Prior to General <persName ref="./glossaries.xml#george_stoneman"
              >Stoneman</persName>'s order it was not unusual there to trade ammunition with these
              Indians.</p>
          </div>
        </div>
        <pb n="182"/>
        <div type="witness">
          <div type="testimony">
            <head>
              <persName ref="./glossaries.xml#james_mccaffrey">McCaffrey</persName>
            </head>
            <p><persName ref="./glossaries.xml#leopoldo_carrillo">Leopoldo Carrillo</persName>
              recalled.</p>
            <p>I have seen Apache captives in the hands of white men here in this territory and know
              how they are treated.</p>
            <p>The treatment is kind, generally so.</p>
            <p>These captives are contented and do not desire to return to the Apaches. All I have
              seen will cry if they are told they are to be sent back.</p>
            <p>I know of ten cases in this town--many of them will even deny that they are
            Apaches.</p>
          </div>
          <div type="testimony">
            <head>
              <persName ref="./glossaries.xml#converse_rowell">Rowell</persName>
            </head>
            <p>Some of these captive children are of those taken at <placeName
                ref="./glossaries.xml#camp_grant">Camp Grant</placeName>.</p>
            <p>I do not know that these captives are articles of sale.</p>
            <p>Those that I know of have been obtained from their captors by exchange but not
              actually bargain and sale.</p>
            <pb n="183"/>
            <p>The citizens have obtained these captives from their captors more as the object of
              charity and given them a Christian education but they are not treated as slaves.</p>
            <p>They are permitted to leave and go where they choose when of age or when they come to
              an age of understanding.</p>
          </div>
        </div>

        <div type="witness">
          <div type="testimony">
            <head>
              <persName ref="./glossaries.xml#james_mccaffrey">McCaffrey</persName>
            </head>
            <p>Mr. <persName ref="./glossaries.xml#james_lee">Lee</persName> recalled.</p>
            <p>I know of 8 or 10 captives (Apaches) taken 5 or 6 years ago--the Indian agent turned
              them over to the citizens in connection with the U.S. Marshal and they have usually
              been treated as the rest of the family--some of them probably had to work harder than
              others but been well cared for and received ordinary instruction, 
              <pb n="184"/>
              such as those
              received with whom they are brought into contact.</p>
            <p>The party that afterward arrived in the vicinity of <placeName
                ref="./glossaries.xml#aravypa_cañon">Aryvypa Canon</placeName> did not all start
              together. I left with the party that left here and we were joined by the party of
              Indians on the river.</p>
            <p>I saw the arms the <term corresp="./glossaries.xml#papago_indians">Papagos</term>
              had--some muskets--some <term corresp="./glossaries.xml#needle_gun">needle
              guns</term>, generally all long arms and some few pistols.</p>
            <p>They had some knives.</p>
            <p>I believe I saw 2 Indians with bows and arrows.</p>
            <p>I know of 2 or 3 chiefs of the <term corresp="./glossaries.xml#papago_indians"
                >Papagos</term> in the vicinity of <placeName ref="./glossaries.xml#san_xavier">San
                Xavier</placeName>.</p>
            <p>I know the chief that went in command of them to <placeName
                ref="./glossaries.xml#camp_grant">Grant</placeName> on the 30th of April last.</p>
          </div>
        </div>


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