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Show REPORT OF OOMMISSIONER OX INDIAN AFFAIRS. 9s Hosteen-et-so, who, being an old man, he thought should be released and returned home from Fort Wingate; this was done. I recommended that the other 9 prisoners be transported to Fort Huachuca in Arizona, and confined there at hard labor for an indefinite period, the time of release to be settled in each case on its own merits, considering the conduct of the prisoner during con-finement and his promise of good behavior after his return home. This recommendation was carried out. Mele-yon has since been relased and returned to the southern part of the reservation, but 8 of the prisoners are stilI confined in the military prison at Huachuca. They have admitted that By-a-lil-le had told them to be ready always to shoot the soldiers or the police if they were interfered with. Outside of By-a-lil-le's immediate band no regrets have been ex-pressed that the two Indians De-cla-yaze and Nah-pah-yaz were killed. The father of De-cla-yaze visited the San Juan superintend-ent on November 4, and said that he blamed no one but his son, who had been advised repeatedly by good people but had persisted in obeying By-a-lil-le. It seems that De-cla-yaze was more than a mile up the river from the place where the Indians were arrested, and that when he heard the troops and police pass he followed them, and it was - he who fired at the sergeant and continued shooting until killed. Nah-pa-yaz, or Smarty, the other Indian killed, is reported by the superintendent to have been "an all-around bad man," and the wounded Indian, By-a-lil-le-be-tah, jr., is a nephew of By-a-lil-le and was one of his regular body guards. He has since recovered. On November 21, the department referred to this office a letter from Howard R. Antes, a missionary residing at Aneth, complain-ing of the arrest of By-a-ld-le and his confederates, and the alleged shooting in the back " of two Indian boys while running from the soldiers. On April 2, 1908, the War Department, under instructions from the President, directed Col. Hugh L. Scott, Superintendent of the United States Military Academy at West Pointan officer of long experience in dealing with Indians, who fully understands their character and sympathizes with them, and who is a master of their sign language--to proceed to such points in Utah, Arizona, and New Mexico as might be necessary to investigate thoroughly the charges made by Mr. Antes. Colonel Scott reported on April 25 that Mr. Antes was given ample notice to appear at Aneth to present his testimony and bring forward witnesses to sustain his charges; but that while under oath Mr. Antes submitted a statement retracting of his own free will and accord each and every one of the charges made. Colonel Scott reviewed the cir-cumstances which led to the capture of the By-a-lil-le gang, and con-cluded that if the Government desired to maintain its supremacy and give protection to the white settlers in Utah, Colorado and New |