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is believed to originate with the same parties and in the same spirit that prompted the efforts made to the Gov. of Texas, to communicate [sic] his original sentence of death to confinement in the Penitentiary for life, and to which he readily yielded.

Mil. Div. of Mo. Hq 492

Endorsement on communication from Judge Adv. D.T. dated Dec. 29 1874 States his opinion and asks decision of the Atty. Genl in reference to the prospective trial of certain hostile Indians by a Military Commission present points objectionable to their trial &c (108 DT 75) Received from Judge Adv. Dept of Tx. Jany, 8 1875

1st Endorsement Respectfully forwarded thro' Hq. Mil. Div. of the Mo., for a decision upon the point involved. I do not believe a single Indian can be convicted without a resort to Indian testimony. I respectfully invite attention to another point. The decision of the Atty. Genl in the case of the Modocs, covers crimes only which come under the head of violations of the laws of war. Can raids into Texas, or any other State, and stealing horses and cattle therefrom, be construed into violations of the laws of war? Can simple murder be so construed or even the shooting of soldiers. If not, they cannot be tried by a Mility Commission under the opinion of the Atty Genl, as given in the Modoc case. I think these points should all be settled before a Commission is ordered and from such high authority as a Commission, if ordered, is bound to respect and obey.

Hq DT Jan 8' 75 (Sgd) CC Augur Brig Genl USA Comd'g Official (Sgd J. A. Augur Aide-de-Camp

1875 Mil Div of Mo. Hq 17

Endorsement on communication from Interior Department dated Washington Dec 21, 1874. Encloses from Indian Office report of J. M Haworth agent of the Kiowa & Comanches, suggesting the disposition to be made of these Indians - that five or ten from each tribe who taken part in the present troubles be confined at Ft. Leavenworth. (113 D.T. 75) 2 Encl.

Hq d.T. Ft Sill, I.T. Nov 26 74 Sgd CC Augur Brig. Gen. Comd'g Official Aide-de-Camp