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Show XXVI =PORT OF TEE COXMISBIOX?ER OF IiiBIAN AFBAIM, nimn, went in pimuit, overtook and overpewx+d Wm, tOak possaesion of the prisoner, and iu all pmbabiiity speedily killed him. A warrant was soon after issued by a justice of the pea% at Gunnison for t,he arrest of L4gent Berry on a charge of murder, but, not deeming it safe to submit to such a proceeding, and believing that the clamar raised in that vicinity would result in an apglicatiot~o f lynch law to him- .self and others, he kept himself aloof from the jnridiction of said justice .and other State officers until due proeesx wm issued by a higher tribu-nal, wheu he voluntarilg- gare himself up to the custody oE the United States marshal, and mas takeu by him to Denver, where he awaits his 'rial on a cl~argem hiali, it is believed, has no foundation in fact. The staterneut 11utt11: b~ tlre ageuk is fully sustained by Maj. R. H. Offley, the militarg- olficer who had charge of the troops md accompanied him to Cline's Ranch. In his report of the matter to the War Department he .sa>-s: " The Iudiaus seemecl to be acting with the r~tmouft orbearance and calnu~essd~e siring nothiug but the pnuishmeut of the individual \vno had cotnmitted tJhe ontrage upon them. ' * * 'The man who shot and killed t.he Iudiau mas a stranger in this part of the country, and this ~vas his first trip over the road, and it mas stated by parties who saw the meu coi~uected mith this traiu that they were under the infiuence of liquor." I t seems that the Indians applied to the freighters for food, aud from their own statements and the evidence of others they were somewhat roughly repulsed. Xajor Offleg- says that the testimony of the Indians themselves seems to be straightforward md trustworthy; that they dis-elaim firing npon the white mexi or quarreling with them; that they were monnted,atld when food was denied them turned their horses toleave, and thatJohnson mas shot <'and fell (lead from his horse after going about a hundred feet." That officer adds : ' 6 With the light before me I cannot look upon this lnatter otberaise than as a mallton and unprovoked 111uriler of the Iudia,n l>j a. recliless, half-drunken teamster, and that tlre hte of the murderer w;ts a clear case of lyncKing, which, as much as it is to be deplored, is uot an uucommon occurrence throughout the .eo~ultryin the midst of civilizatiou and eulighteume~~t?I' u regard to the recapture and lynching of the prisoner, Major Ottley says that white me~mi ere with the Indians when they committed the offense,a nd that "ther enmuraged and assisted them to lynch him." Iu regard to the freighter, he also makes the following statement: Tlla Inen Jackson, \vho ,,.as in ~1:ll;wgoef the train, ha8 told XiEereut stories abollt the affair; I Lto~lr l nu" that ttlleI ndians did not fice at his party; to others he has said they shot twice. He has oisimed relatiosuhip of nearly every kind to the men who %-as killed; he told me he rrasolle of hie Inen or bops. Ha has ako said that the party who had ~hargeof the prisoner follo~vet~hle cavalry to near the Bloo; the cavalry did not get to Ciine'~ until the svenillg of Ootoher 1; the prisoner waa taken about 11 dolook in the morning of that day; he alee states that Cline [one of the Qtisens who started with the prisoner to Gnnnison] was home in about an hour afkr starting, whorn:~11 % tlicl ,rot yet brek until acst &a)-. The Infiian, Johnson, has bee~~employed by Fol.Haclrenrie rlnring the sn~~imea~n.d, was cvnsi,lemd~p niet and psnoeable man. |