The New York Herald Newspaper, February 24, 1873, Page 4

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4 THE MODOC VICTORY. {Full Account of the Battle o: ; the Lava Beds. t |THE PLAN OF ATTACK. ‘Description of the Fight and the Retreat. LIST OF THE KILLED AND WOUNDED. —_-———_ Heroie Condact of the Troops—Without Over- goats, Blankets or Rations—Tho Official Re- ports—Strength of the Modoc Position. HEADQUARTERS, Lost RIVER Bae Oregon, Fob, 8, ira. ‘The battle of the lava beds has attracted 80 much general at‘ention, both from the faet of the United States troops receiving such a severe check ‘and from the varied descriptions of the scene of the contest, that I have prepared a pretty full re- port of that memorable engagement, feeling con- vinced that the details will be read with interest by the public in general. After Captain Jack was driven from his camp on ‘Lost River and took refuge in the lava beds, it was thought at first that he would come to terms and the war would be ended without further blood- shed, The addition, however, of fourteen warriors to his forces, that were really driven to the lava Deds by the threatsof the Sinkville citizens, heated by Sinkville whiskey, resulted in Captain Jack wishing to make his own terms, ( But Major General Frank Wheaton, who, as the commanding oflicer of the lakes, had come down in person to atiend to this affair, soon arrived at ‘the conclusion that if fighting was te be done the sooner this lava bed was inspected the better. Ar- rangemeuts were then made for an attack, and as 600n a8 the available troops had arrived in the neighborhood General Wheaton bad several ceun- cils with Colenel Green, Colonel Mason and others ‘a3 to the best means of getting at Jack in his lair. The lava beds were inspected and all the old Settlers interrogated as to the geography, with reference to the moving of troops in that airec- ‘tion, There appeared to be a good many opinions as to THE NATURE OF THE GROUND within the lava beds section, and, although all agreed in saying it wasa very rough country, no One was competent to describe the extraordinary volcanic formations that were afterwards discov- ered by the troops when they made the assault. Alter mature consideration of the various plans of attack that were suggested Geaeral Wheaton de- cided to make a movemeatin ferce, which, should at not prove successful, would atleast enable him to obtain a satisfactory reconno!ssance ef the ground upon which to base lis plans for any future aggressive movement, Everything being ar- ranged, the following orders were issued to the odicers in command :— THE ORDERS FOR THE ATTACK. HEADQUARTERS Dis7Rict oF RATING IN THB Mopoc TRY, AND OF THE TROOPS 0 Camp Near VAN BRiMM@ER’S RANCH, Ual., Jan. 12, 1873, GENERAL FIELD ORDERS—NO, 3. 1. The troops will move irom tueir present camp ‘east and-west of the lava beds on Thursday, 16th of January, and take positions for the attack on ue Modoc camp at sunrise on the following morn- ng. 2 At four A, M. on Thursday next Major John Green will detach Captain D, Perry’s Troop, F, First cavalry, wud order it to clear the blud south- West of Tule of Indian pickets and scouts, and cover the movement of the main force to a camp some three miles west of the Modoc position, 3, Major E. ©, Mason’s battalion Twenty-first infantry, two companies—C, Captain G. H. Burten, and B, commanded by Second Lieutenant H. D. W. Moore—and a detachment of twenty men of F com- any, ‘I'wenty-first iniantry, under First Sergeant oun McNamara; General J. kr Ross, Oregon volun- leer militia, two companies—A, Captain Hugh Kelly, and B, Captain 0. Bh. Applegate—and Lieuten- ant W. H, Miller's battery—a section of mountain howitzers—will march from Van Brimmer's Ranch to camp on bluff wesv of Tule Lake, in time to reach the designated camp not later than three P. M, on the 16th lust. The eamp will be so lecated and arranged as to be secure Irom observation by tne Modocs, and every precaution taken to prevent the Indians irom disceveriug our numbers and precise location. 4. District Headquarters will accompany the troops. 6. Early on the 17th of January the troops above named will move into the lava beds to at- tack the Modoc camp, and in the following order :— Major E. ©. Mason's battalion, Twenty-iirst_ infan- try, leading, followed by General J. E. Ross’ Oregen volunteer militia and the section of mountain howitzers packed. Captain D. Perry, Troop F, First ereny wili follow the howitzer battery. 6. When the tioops have reached a position near the Modoc camp the main force will be deployed on the right of the infantry battalion, in close skirmish order, and @ leit hali-wheel of the whole line will be executed in order to enclose the southern side of the Modoc position and conuect the right of the main force with the left of Captain Bernard’s troop, who are simultaneously to attack on the east, 7. Also the troops operating against the Modecs are to move from this camp, with three days’ coeked rations in haversacks, two blankets, one huadred rounds of ammunition on the person, and flity rounds in close reserve. Canteens will be filled at Little Klamath Lake by the troops moving from Van Brunimer’s Ranch, and care taken to water every horse and pack mule at that poiut, as there ig ne water on the bluff where the main force will encamp on the night of the loth inst. 8. Major John Green, First cavalry, is charged with the execution of theso movements and the details of the attack, 9. Lieutenant W. H. Miller, First cavalry, com- mmanding the howitzer battery, will report to Major Green for orders and instructions as to when and Where to prepare Lis guns for action in the pro- posed attack. 10, The troops on the east side of the lava beds at Land’s ranch, Troops “G," Captain KR. F. Ber- hard, and “8,” Captain James Jackson, First cavairy, and the Klamath Indian scouts under Dave Hill, Will move trom camp on the 16th inst. toa point not more than two miles from the Modoc position, At sunrise on the 17th this force will attack the Modoc camp, with their right resting on ornear Tule Lake, aud when sufliciently near to render the movement advisable a right half wheel will be executed, in order to connect the leit of this force with the troops attacking from the west. Jn his advance Captain Bernard will take steps to capture any canoes the Modocs may have near Uneir camp, or at least use 'y edlort to prevent Indians escaping by water, Vaptain RK, F. Bernard, First cavalry, will execute these movem such detailed instructions as he may re: Mane John Green, First cavalry. i, Alter the first three siiots have been fired by the howitzer battery as the signal ‘or the troops attacking on the e ide of the Modoc camp airing Will cease for fifteen minutes, and an Indian scow to notify the nearest Modocs that ten minutes’ time will be allowed them to permit their women and chiidrem to come into our lines, Any propost een. by the Modocs to surrender will be referred at once to the District Commander, who will be present, 12 Lieutenant W. H. Boyle, Twenty-first infan- try, Acting Field Quartermaster and Commissary of subsistence, @ guard of ten men, will remain at this camp in charge of the temporary fleld depot until further orders, 13, Lieutenant Joho Me ymeg ebobd cavalry, Acting Assistant Adjutant General, District of the Lakes, and commanding detachment, H troop, First cav- “ry, will furnish from his command such 4 thay be required fer the howitzer battery, company the District Commander. — Licute: Adauns will be prepared to communicate by signals With the Sigual Sergeant, who has been detailed for duty with the troops operating on the east side Of the Modoc position, 14. Assistant Surgeon Henry og United States Army, will give the necessary directions and Instructions to the medical officers with the different commands and detachments in the Meld. By order or FRANK WHEATON, U, 8. A., Brevet Major General Lieutenant Voionel ‘Twenty-tirst iniantry, Commanding District or the JOUN. Q. ADAMS, First Lieutenant ‘Virst ‘ea alr Acting Assistant Adjutant General, oe In pursuance of the above anu according te in- etructions, the troops moved from. cheir quarters on the 16th inst. and camped in the respective loca- tions to which they were assigned. Colono} Ber- nard, with two troops of the First cavairy, had a little skirmish on the evening of the 16th, as in the fog, which is very prevalent in that section of the wountry, he advanced rather nearer to Jack's Stronghold than he intended, and when he founa OUt his mistake and made a move to retiro, THE INDIANS OPENED Fine from @ position they had taken in tne rocks, They Wore Gually driven rom their shelter and forced NEW YORK HERALD, MONDAY, FesxUARY 24, 1873U7RIPER SHEET. _ THE BATTLE OF THE LAVA BEDS. MAP OF THE NEW SEAT OF WAR. | FISK & RUSSELL,N.Y, to retreat to their stronghold, but not before they had wounded three of the cavalry. On the following morning the troops had all arrived at their assigned positions, and at day- break Lieutenant Adams, Acting Assistant Adju- tant General, reported to General Wheaton, the District Commander, the following force in the field Commanting Oficer, Muster. Captain Perry, F troop... 46 Corps. First cavalry... «Captain Jackson, B troop. 42 First cavalry... First cavalry. -Captain Bermard, reop. 47 First cavalry. -Lieut, Adams, H troop... 16 ‘Twenty-first infanutry.. Lieut. Ross, B company.. es ‘Twenty-first infantry..Capt, Burton, © company. Oregen fle!d officers. os: « Oregen volunteers... Oregon volunteers. . Califerni: voluntee: .Captain Kelly, B co: Captain Fairchild -Dave Hil. ‘There was also a section of mountain howitzers under the charge of Licutenant Miller, of the First cavalry. The troops on the west side moved down the precipiteus bluff from their camping ground tn the direction of the lava beds, Celonel Mason's battalion of the Twenty-first infantry, leading, followed by Captain Fairchila’s California riflemen, General Ross’ two companies of Oregon velunteers, the howitzer section, packed on mules, under the command of Lieutenant W. H, Miller, of the First cavalry, and Brevet Colonel D. Perry's troop of the First cavalry bringing up the rear. Tho morning was damp and cold, and THE LAVA BEDS were nearly obscured from sight by a dense fog, which, however, only hung over that section and did not rise to the bluff which the troops had just left. The troops on the cast side, commanded by Brevet Colonel R, B. Bernard, of the First cavalry, comprising his Troop G, and Brevet Major James Jackson's Troop B, First cavalry, with twenty Klamath Indlan scouts, commanded by Dave Hill, simultaneously advanced from the position they had taken the previous evening, two miles from Captain Jack's stronghold. Un account of the deep chasm and gorge in his front Colonel Bernard was unable to advance further than the position he had reached by severe skirmishing on the evening of the 16th. THE ADVANCE, ATTACK AND MANAGEMENT OF THE TROOPS were conducted by Major John Green, First cav- airy, Brevet Colonel United States Army, and the district commander, Brevet Major General Frank Wheaton, Lieutenant Colonel of Twenty-first in- fantry, accompanied the troops, operating on the west side. This force had moved ferward from the base of the bluffs, with Captain Burton’s com- pany of the Twenty-first infantry ahead in skir- mishing order. Upon the arrival of the troops at the lake @ rush was made for water, as the men were naturally thirsty, having passed the night at adry camp. The advance was then re- sumed across this rugged country, and-it was with the greatest difficulty the men were kept in line, as the unnatural irregularities of the volcanic roxk formed nearly insurmountable obstacles to thelr progress. The line was now being deployed to the right, with Colonel Perry on the extreme right, stretching into the heart of this fastness about @ mile and a half, wnile Captain Burton moved with his company on the extreme left, sup- ported by Lieutenant Moore and his command on his right. The Oregon and Californian volunteers spread out the line between the extreme peints and kept a steady advance, although the nature of the ground kept an irregularity in the face ef the ine. THE PLAN OF TH!y ATTACK was to keep deploying in a half wheel to the right until Colonel Perry should connect with Colonei Bernard, who was adopting similar tactics, but moving from the left. Tke fog still hufg tow and shrouded the mysteries of this craggy fastness from these daring explorers, though the frequent crack of a rifle, followed by an unearthly war whoop, denoted some fresh victim to the unerring marksmanship of these dusky warriors. It was impossible for men to do more than both the soldiers and the veluntcers did on this eccasion, and although every now and then there would be ® vacancy in the muster roll, and some gallant soul would fall by the bullet of an unseen foe, another brave heart weuld fil! up the gap and press on with the steadiness of a disciplined soldier, In vain the troops looked high and low for some Indian sign, and although the fog would rise every now and then, not an indian showed as much as the top of his head feathers. About noon Captain Perry, on the extreme right, arrived at AN IMPASSABLE CiLAsM, at least it fas impassable without a fearfal sacri- fice of life. Oaptain Perry sent back to the dis- trict commander that it would be impossibie for him to connect with Colonel Bernard by the right except by an immense loss of life, and added that if necessary he would carry the chasm, but be did not expect to take tem men across. General Whea- ton then came to the conclusion that if the pro- posed connection could not be made they might as well retire and wait for @ few days, and conse- quently issued orders to that eifect, but gave Major Green a discretionary power to push for- ward and connect by the left if he deemed it feasi- ble, Major Green then ordered A PLANK MOVEMENT BY THE LEFT, and, skirting along the lake under the shadow of some craggy strata of volcanic rock, in the possession of the enemy, they @nally mad ‘he desired connection, but not before the galling fro to which they had been sub- Aeated Wad VubMed GasIe FAM COMaidoradr It would fill columns to detail the incidents of this fight, which proved such a trial to the offl- cers, soldiers and volunteers that formed the at- tacking party. General Wheaton (old me the other day tnat he had been through all the principal battles during the rebellion and he had never seen ofMicers and men appear so utterly indifferent to danger or 80 cool and stcady under such & har- rassing fire. The Indians did not waste much powder and shot, as they were excellent marks- men, and, having the advantage of a rest for the rifle and pertect safety froma return fire, were un- erring in their aim, Often a man would fall badly wounded, and, looking eagerly around for his encmy, would only see the smoke of a rifle curling up from a small hole on some inaccessible crag overhanging his position. On one occasion a man ‘Was shot dead at a certain spot, and another man was sent with a stretcher to carry away his body. The second met the fate of the first, and a third, who went on the same errand, fell badly wounded, These three men ail FELL WITHOUT KNOWING THE POSITION OF INDIANS who had shot them. Every littke narrow passage between the rocks that was likely to be of umpor- tance was guarded by two or thyee rifles peeping out from loopholes that the Indians had formed for that purpose. On the move along the lake to the left the men had to move with the greatest cau- tion, as the Indians had lined the overhanging blufis with their men, and to show yourself in full view was nearly certain death. They crawled on their hands and feet, making a dart every now and then from one rock to another, but Stull pushing forward in the direction of Colonel Bernard. Captain Perry, who was with his troops on the left, while stretched behind a rock acciden- tally turned on his. side and exposed a portion of his shoulder and arm, recelving a severe flesh wound, which compelled htm to retire. Colonel Green and Colonel Mason were perpetually in the hottest of the fire, and appear to have charmed lives, as although their unforms were, in many instances, cut by a passing ball, neither received @ scratch during the fight. There was not an oM- cer that went into the lava beds that did not come out with some portion of his clothing marked or tora by a bullet. When THE TROOPS ON THE WEST SIDE finally connected with Colonel Bernard they found him stopped from further advance by an immense chasm that appeared impassable, and which was strongly defended by Indians, Shoruy beiore dark tne fog lifted slightly and showed the Oregon volunteers, @ portion of Captain Perry’s troop and tne iniantry reserve still on the west side, and, at a signal from the District Com- mander, Major Green fell back to Land’s Ranch to camp for the night with Bernard’s command and the infantry battalion. The Oregon and California volunteers retired by the west side and fell back in Van Bremmer’s Ranci. I cannot conclude with- out saying something of THE DIFFICULTIES EXPERIENCED IN THE RETREAT to Land’s ranch, and of the bravery and heroism exhibited by the officers and men on that occasion. They had been up since four A. M. and fighting since half-past six A. M. up to dark, The retreat commenced at half-pest ten P. M. and continued gil night and up to one A.M, nextday, Thirty: three hours without rest or food are cnongh te try the patience and endurance of most men, but these gallant fellows never uttered a word, and were aiways ready to relieve one another at the end of a bianket, carrying the sick and wounded, Surgeon Mckidery worked unceasingly, and through the day was exposed on several occasions to a danger- ous fire, but never flinched from his duty, and rushed from place to place to the assistance of the wounded. The following ts THE OFFICIAL REPORT of Brevet Colonel Mason, who was in command of the lines— HeaDQuanrens Mopoc nea} ol Jan, 25, 1873, ACTING ASSISTANT ADJUTANT GENSRAL,’ Distric the Lakes :— Sin—I have the honor to report that in compli- ance with General Order No.3, dated headquar- ters, District of the Lakes, January 12, 1873, the troops stationed at Van Brimmer’s ranch, consist- ing of aoe E. ©. Mason’s battalion, two companies Twenty-first infantry—Company 0, commanded by Captain 8, H, Burton, and Company B, commanded by Lieutenant J. M. Ross; Troop F, First cavalry, commanded by Captain Davis Perry; section of howitzers, commanded by Lieutenant Miller; First cavalry, Brigadier General John E. Koss, and two companies Oregon Volunteers—Company A, com- m led by Captain Hagh kelly, and Company B, commanded by Captain 0. 'U. Al plegate, an twenty-three Volunteers from Siskiyou county, commanded by Captain John Fairchild, moved, om the 16th inst., about twelve miles in the direction of the Modoc stronghold and encamped for the night within three miles of Captain Jack's eam; Captain Perry, with his troop, preceded the col- ump, with orders to clear the bluffs of Indian pickets that the movement of the other troops might be covered. Captain B. F. Bernard, with his command, con- sisting of his own Troep G, and Captain Jackson, of ‘Troop B, First cavalry, moved the same morning from the camp at Land's ranch to within two Iniies Of the Indian stronghold, where he eucamped for the night, I would here state that, ou account o1 the dense fog which prevatied, he got nearer the Indian eg 4 ‘han wag intended tor that day, and in moving back to the place he was te oc- cupy for the night the enemy endeavored to cut him oi, Some sharp fighting ensued, in which he had several men wounded, On the morning Of the 17th, at half-past six A. M., the troops on the west side moved down the biutf into it is Known as the lava beds, in the Jollowit ler:—First, Major E. C. Mason, with his batallion; second, Captain Fairchild, witit H the California volunteers; third, Brigadier General Ross, with Oregon volunteers; fourth, Lieutenant Miller, with section of mountain howitzers; and filth, Captain D. oer with his troop, vi YRve cecil bie (004 0s tae bind Canta Bus: ton’s company was deployed as skirmishers, and ordered to move forward until his leit reached the lake, when the line was halted until all got water (the troops having made a dry camp the previous night). “When the advance was again ordered the skirmishers’ line extended as follows:—'The half of ompaay: B, Twenty-first infantry, commanded by Second Lieutenant H. D. W. Moore, formed on the right of Captain Burton’s company; the other half, under First Lieutenant J. M. Ross, being kept in reserve, and alterwards used as a support to the howitzer section; the Oregon volunteers were formed on the right of the infantry, and the line Was moved forward about a mile and a hall, when 1 found it necessary to change its direction nearly to the left to reach Captain Jack’s camp. At this point I ordered Captain Perry, with his troop, to deploy on the right of the volunteers, He had not moved far in the new direction when the Indians opened fire, but the line moved steadily forward and we drove them from point to point over the most ditticult country any troops ever operated in and at @ disadvantage on account of the dense fog still prevailing. At about two P, M. & point was reached presenting a very deep chasm, beyond which no advance could be made without, great sacrifice of liie, and it was then doubted whether the place could be taken, After consulting with the District Commander I concluded te make a flank movement to the left and along the shore of the lake with the hope that 1 could distodge the Indians from that side—a movement exceedingly dificult to make, owing to the nature of the country; and after fa macro g performing this manceuyre we found the Indians, if anything. 1n a stronger position than before, At this time, Captain Bernard hearing our firing, but unable to see us on account of the dense fog, shouted across a point of the lake, to say that he was within four or five hundred yards of the Indians’ strongest position, so I determined to connect my troops with his and if possible make a charge and take their position that evening. This was a still more ditticult movement made along the shore, overhung by recks, occupied by the Indians, who had to be driven of in order to continue the advance, and at a considerable loss of killed and wounded to ourselves, and on arriving at a certain ravine the epemy’s fire was deadly, a number Bene kilied and wounded, among tie latter, Cay tain Perry, First cavalry, and tour men of Captain Fairchild’s volunteers, Which will give some idea of our severe struggie. Captain Benton, with a portion of his company, and Captain Fairchild, with the California volunteers, got in such a posi- tion that they could not be extricated and were finally ordered to remain under cover uatil aiter dark. It was imposibie to. make the proposed charge, the nature of the rocky greund preventing men moving faster than at the slowest pace and sometimes forcing them to crawl on their hands and feet, It is utterly impossible to give a description of the place occupied by the enemy as their strong- hold. Everything was done by officers and men that could be done; troops never behaved better; they contended gallantly with an enemy hidden by rocks, deep gorges and enveloped in a dense fog, 2 ra tw attack on every side with the same re- sul On reaching Captain Bernard it was found he, too, had a deep chasm in ireut of him so thoroughly commanded by Indians he could scarcely move without the loss of a large number of men. At this time quite a number oi Indians were moving down another deep ravine, I think with a view o! turning our left flank. I sent Captain Bernard with his troop to drive them back, which he did successtully. Just before dark the fog cleared, when a signal was re- ceived irom the District Commander, who was still on the west side with the Oregon volunteers, a portion of Capiain Perry’s troop, and the iniantry reserve under Lieutenant Ross, separated irom us by the fog, while making the flank- movement, ordering us to retire to our camp of the previous night. 1 had belere this received a message trom him, stating that if I could not accoimpiish my intention, to retire; but I found I could aot return to the command left behind without another great sacrifice oi life, and conciuded to fall back to Land’s ranch or Captain Bernard's camp, about fourteen miles iu the rear, This 1 began to do at half-past ten P. M., but, as several of the wounded had to be carried in blankets, it was one P. M. the following day belore the last o1 the column reached there, would here state that Captain Perry’s position Was changed at cleven o'clock from the extreme right to the right oj the infantry battalion, leavin; the Oregon volunteers on the right. I must peat in the highest terms of the officers and men for their galiant and courageous conduct under the most trying ‘circumstances, having to move on an enemy occupying the strongest natural position which can be imagined and which is beyond = all deseription, Their comrades were shot down right and leit by an unseen enemy that gave them but little opportu. nity of return. Of the Oregon volunteers uncer General Ross I must also speak in the highest terms for their hearty co-operation. Sante Fairchild, with his twenty-four California voluhteers, also did most excellent service on our leit and had Lieuten- ant Robert and three men wounded. These were excellent marksmen, but could not prevail under the conditions J have mentiened, The following is a ilst of the officers engaged, and of whom! must speak in the highest praise :— Twenty-first infantry—Major FE. C, Mason, com- manding battalion; Captain G. H, Burton, com- manding Company ©; Second Licutenant FE. B, Rueem, Company ; first Lieutenant J. M. Ross, commanding Company B; Second Lieutenant H. D. W. Moore, Company B. First cavalry—Captain Davis Perry, commau: ing Troop F and wounded in the afternoon; Second Lieutenant E. H. Miller, commanding howitzer section, and, aitor Captain Perry was wounded, Troop F, (I would here state that oring to the nature of the count:y and the fog the howitzer section was of very littie use.) Captain B. F, Bernard, commanding squadron, consisting of his own Troop G und Troop B; Second Lieutenant J. G. Kyle, Troop G. This offcer was wounded in the arm on the morning of the 17th, Captain James dackson, commending Troop B; Second Lieutenant F, A. Boutelle, Troop B, This officer commanded ‘Troop G after Liewtenant Kyle was wounded, First Lieutenant J, G. Adams, Acting Assistant Adjutant General to the district commander, did excelle service during the day, and inore especially duri the evening, as signal olicer, the only means oi communication between the district. commander and myseli being by signal. Assistant Surgeon fenry McEldery, chief medi- cal ofticer of the command, ts entitied to every credit, not only for his care of the wounded, but for going in person to their assistance under the enemy's fre, In regard to the other medical om- cers, Ireier the district commander to Assistant Surgeon McEldery’s report, herewith enclosed. enciese list of killed and wounded, and Major report. In addition to Surgeon McEl- of killed and wounded I would state th two men killed of the Oregon volun- 180 One Oilicer, Lieutenant Rheem, slightiy wounded, The wounded of Captain Fairchild’s detachment | of Caliiornia volunteers are in hospital at Fort Klamath and receive the same attention as the er troops, HOKG ai.Ws hag OMe gen DelAved o Well Jk. the Ga MAY AKO We Ringe Bowiteesa could be L - is diMcult to make special mention; but Pmast say First Sergeant W. A. Roundy, Company 0, Twenty- first infantry, stands prominent tor his brave and gallant conduct, being frequently under my own observation during the day, and it is with pleasure Irecommend him fer a commission in the United States Army tf etherwise qualified. In conclusion I would state that there were about one hundred and seventy-five men ofregular troops, one hundred and four volunteers and twenty In- dian scouts actually in the engagement, the others neler required for guards for depots, camps and a small reserve. I am, sir, very rospeeeuny: your obedient servant, JOHN GREEN, Major First cavalry, commanding. EXTRACTS FROM REPORT OF MAJOR EDWIN C. MASON, TWENTY-FIRST INFANTRY. The battalion advanced rapidly, occasionally charging in double line and driving the Indian skirmishers from their position in the rocks. The diMculties of the advance now rapidly increased, the country becoming more broken, the volcanic rock being piled up so as to offer complete shelter and protection to the Indians, who could thus hold their place until our line was within @ few fect of them and then deliver their fire with deadly effect. The difMiculties were still further increased by a dense fog, which prevented us from seemg the country over which we were moving. About two P.M. 1 was ordered to move the battallon by the left flank and if possible to form a cenneéction with Captain B, F. Bernard’s command. This dificult operation was at last successfully accom- plished, not, however, without considerabie resistance on the part of the enemy and consequent loss to us of killed and wounded. This movement was conducted along the shore of the lake, overhung by a high rocky ridge, which was in possession of the enemy. It was necessary to drive the enemy from tiils ridge and at the same time continue the movement by the left flank, @ dense fog at the same time preventing us frem seeing the line over which the movement was conducted, At one place a ravine came down from Captain Jack’s stronghold, .At this point the enemy had concentrated a force and the fire was so heavy and deadly that Captain Burton and a portion Of his company were unable to extricate themselves until after dark from a@ position they had taken bya gallant charge, and which they held to protect a movement of the com- mand. On arriving at the right of Cap- tain Bernard we had lost connection with the troops witn whom we had been operating during the day, and the same gap existed between the troops Operating on the west and Captain Bernard as ex- isted before we commenced the movement, The command was in a position of a reinforcement to Captain Bernard’s line, The command having been in motion since four A. M., and in engage- ment with the enemy since cight A. M., being WITHOUT OVERCOATS, BLANKETS OR RATIONS, Were suffering greatly from exhaustion, hunger andcoid. At half-past ten P. M. I was ordered to retire with tha command to Land’s ranch, fifteen miles in the rear, being obliged to carry part of our wounded and that of Captain Bernard's com- mand in blankets and stretchers, As there were but fifty-five muskets in the engagement the list of killed and wounded shows a loss of almost one-flith in the command. I will leave it to others to find language to convey an adequate idca of the coun- try over which these operations were conducted, and which make the Modoc position a second “Gibraltar.” EXTRACTS FROM REPORT OF CAPTAIN BERNARD, FIRST CAVALRY, The fog being very heavy we moved much closer tothe Indian stronghold than was intended. As soon as this was discovered the retreat as sxir- mishers was ordered. A8 soon asthe troops started back the Indians opened fire from the rocks, all along our front, but hit no person. They then poured over the rocks, making for our left, and get- ting possession of some rocks to our rear and left, opened fire upon our pack train. The charge was at once ordered to dislodge the Indians, which was done, we losing three men badiy wounded, The command moved about half @ mile further, going into camp about dark. On ‘the morn- ing of the 17th the wounded packers and about five soldiers were left at this point, and the remainder of the command, 100 men and officers, moved upon the Modoc stronghold. The fog being very dense the skirmish line got within 100 yards of a deep gorge, when the Indians opened fire; the charge was sounded, and the men moved forward to the gorge, but, Gnding it impas- sable under fire, thoy fell back about one hundred and fifty yards, lying down behind the rocks, The line was then established, the right about one hundred yards from the lake, the leit extending as far southwest as it could with safety te every part of it. The line was about & mile and a half long, well protected from the Indian fire. On the first fire we lost ope man Killed—Licutonaat J. G. Kyle—and four men wounded. The fog remained very denge, but finally raised, allowing us to see and talk to the troops operating on our right. In abouta halfhour this force connected with our right, moving around upon our line, In the movement, and within about two hundred yards of our right, the Indians opened avery heavy fire, keeping it up until the entire column passed. The exact loss in killed and wounded I don not know, but know they were considerabie, I have wished respect- fully to say that the place the Indians now occupy CANNOT BR TAKEN BY A LESS FORCE THAN SEVEN HUNDRED MEN; and to take tne place by an assault with this force will cost haif the command in killed and wounded, A large force, well equipped, judiciously handied, moving at night by approaches, piling up rocks to protect themselves, so they can operate during Used effectively on the east side of the lava beds. Lwish to mention the names of Captain Jackson, Lieutenants Boutelle and Kyle, First cavalry, for eMeciency in commanding their troops, and eape- Cfally for bravery inaction and coolness under the severest fire, TAB KILLED AND. WOUNDED. Geptetn David Perry, First cavalry, slight ficats wou: Lieutenant John 8,- Kyle, Pirst , Blight a orgeant William y Firs! a ae ean! fean wound. sorely Sergeant Josiah 8, Brown, Twenty-frat infantry, alight spent bait, ee pS Eiseman, First cavairy, severe ah wou! “ . Frank McBride, First cavalry, severe flesh wound. George Hollas, First cavalry, killed immediaszely. Otis Gutermuth, First cavalry, severe dean Patrick Doyle, First cavalry, fractured left arm. Patrick Maher, Furst cavalry, severely wounded. John Anderson, First cavalry, jh wound, a beans H. Lavell, First cavairy, killed W. Jegerson, First cavalry, slight flesh wound. F, Cutler, First cavalry, slight desh wound. . Warren, First cavalry, slight fesh wound. agg glooman, Twenty-first intantry, killed imme ve ‘ania eine Twenty-first infantry, kiticd imme- was aaalaiip Twenty-first infantry, severe feah Gee ‘laa Twenty-first infantry, killed imme- Murphy, ‘Twenty-first iniantry, frac ao Twenty-first infantry, killed imme- atten ig, Twenty-first infantry, killed imme- RLY Jones, Twenty-first infantry, alight flesh Hpesstiaasta) Oregon volunteers, killed imme- Pen Nib ca Oregon volunteers, killed imme- J. Mm. Crooks, Calliornia voluntecrs, severely wounded, seat Roberts, California, volunteers, fractured — Heawicks California volunteers, severely N. California volunteers, severely wounded W. J. Small, wounded, DEAT. OF SOME OF THE WOUNDED. Since the above report was made out Manor, of the First cavalry, and J, M. Crooks, of the Califor- nia volunteers, have died, G.W. Roberts, of the Calitornia volunteers, is not expected to live, and Miller, of the Twenty-first infantry, has had an arm amputated. The rest of the wounded are ina fair way of recovery. : FOREIGN ART NOTES, Susan Durant, the scuiptress, died in Paris inthe latter part of January. She was a pupil of the Baron de Triquetri. The sub-librarian of Trinity, Cambridge, has pre- sented to that college some valuable Auglo Saxon antiquities. The French government has forbidden the ex- posure in the Parisian kiosks of the engraving of “The Late Emperor Napoleon the Third Alter Death,” recently published in The Graphio. Edward Weedon, the marine artist, died in the latter part of January. In his peculiar line ho was unrivalled. On January 28 the Royal Academy elected W. H. B. Davis, landscape painter, and J. E, Hodgson as Associates, and T. 0, Barlow as Engraver of the New Class, " W. W. Deane, an Associate of the Society of Painters in Water Colors, is dead. He was forty- seven, Mr. Valentine Prinsep is preparing a “View of the Staircase, Devonshire House.” Respecting his work representing the destruction of the possessed: swine the London Athenwum rewarks that it “gives a view of gigantic clitfs rising from a calm se@ at early evening in. Summer, with a warm shadow lying on the water and the foreground, and broken on the horizon by a gleam of white light which appears in the sky and on the sea. The clits a@re of vertical strata, with deep ‘water at their fect. <A little way from the front a lofty detached rock raises its spire-like form, separating the forepart of the view from the distant sky. Close to the front, and on our leit of the picture, are the black swine, every pig like ink, and in various stages of distresa and terror, The head of a clit has long bi? fallen: into the sea, leaving half its height to be filled by a talus of débris, On the crumbling slope without, a foaree. far too steep to permit return, far loose to allow of their standing still, are the swine. A few have already taken the plunge; black, fat and heipiess, down they go; some squatting on the very brink, contemplate for a moment the dee; green water; others slide ana slide; others, urged ere go in the mass by the weight of those downwards only too surely. Albert Jacquemart has just published “The His- tory of Ceramic Art.” An able reviewer says:— “M. Jacquemart treats his subject in its entirety, commencing with Egypt, China and Japan, and inciuding primitive pottery of all kinds, but the twellth century—the Renaissance—supplies him with his fullest and grandest theme, and the pro- ductions of the great Itallan potveries are dwelt upon with tire learned enthusiasm of a master in the art of criticism. Alter this the French Renaissance rid And tne author with another grand division of subject; while Holland, England, Spain and other countries are not neglected. The work is com- pleted by full contents and index, which are of press value to the ceramic student, and the whole is contained in a single volume of 700 pages. But the work has another high claim to attention. : It contains @ series of etchings by the son of the author, M. Jules Jacquemart, whose power of de- Picting textare, ornamentation light, and almost color in objects of art, in black and white, has cer- tainly never been surpassed, if it has been equaled, The etchings of the jewelled and other objects in the Louvre, executed by M, Jules Jacquemart for the Frenen fovernment some few years since, are known to all the art world oi Europe.” Mr. E. M. Ward is painting a bid representit the visit of Charles the Ninth, Catherine de’Medic and the Duke of Anjou to the bedchamber of Ad- miral Coligni after his attempted assassination, Mrs. E. M. Ward is painting an episode in the life of Chatterton—his discovery by his foster mother, Mrs. Edkins, in the act of concocting the earliest specimens of the so-cailed “Rowley Poems.” Mr. H. Warren has, in consequence of his nearly total loss of sight, resigned the prestdentship of the Institute of Painters in Water Colors. Mr. George Shalders, landscape and animal painter, is dead, and leaves a motherless young Jamily un provided for, Ricard, the popular French portrait painter and decorator, died January 24. He was weil known i Franc>, Germany and England, A WOMAN'S BITTER WRONGS, How the Law’s Deficiencles Aid a Man to Escape the Punishment of His Cruelty—A Wife Who is Not a Wife and xet Is a Wife. To THE Epiror OF THE HERALD:— Recognizing the fact that your journal is the journal of the people, and that whenever any existing abuses are brought to light through your columns that they are immediately remedied, 1 would beg to submit the following, and trust that some one of our lawmakers at Albany will immor. talize himself by coming forward and advocating a reform in law, whereby ® respectable lady who may have a pee marryl brutal hosel Compélled ¢6 live if not forced to dwell with him is compeiled to con- sider herself bis wife, unless she can prove hin guilty of adultery, I was unfortunate enongh to marry a man whose cruel treatment, hard blows, but yet harder words, compelled me to seek for a divorce. I obtained a separation, and have supported be alld and my children ever since, without ever asking for or re- ceiving one dollar of alimony; but owing to the fact that I cannot follow in his footsteps and fina sufficient evidence to prove adultery against ee aithough separated from him for’ over five years, am in law his wife. What mockexy of justice! Why shouid not the laws be so amended that both man and wile, alter having been separated for three years, holding no intercourse whatsoever, should be granted an absolute divorce? A great deal of misery Would thereby be averted. JSUSTITIA, THE MASONIO FAIR, The Grand Masonite Fair in ald of tho Mali and Asyium Fund ts now definitely settled upon, the General Committee of Arrangements, of which R, W. Eliwood E. Thorne, Deputy Grand Master of tue State, is chairman, have selected Apollo Hallas the Nace and the 15th of March as the opening day of liesame, Ali the lodges inthe State take great interest in the project, and it is confidently ex- pected that upwat of one huadred thousand doilars will be realized by this fair. The committee ad every Tnursday evening at Odd Feilows’ INFANIIOIDE IN BROOKLYN, Yesterday one of the bridgemen at the Hamil. ton avenue ferry discovered the body ot an in- fant on acake of ice near the slip, On taking it out it was found to have a fiat iron, weighing seven junds, attached to it by a strong cord, The body been thrown overboard in the night, but, in- jad bees stead of falling into the water, had dro} W the cake of ice and foated about the eons untit WaPONOEE ME UG erry. Loe Yeremer Was Boted.

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