force might attack him from the outside, sent to Johnstown for re-enforcements, which were promptly sent by Captain Galen G. Norton, Second Colorado Volunteers, commanding at that station, but the bushwhackers had surrendered before they arrived. About day-light, finding that they could not escape, the leader proposed to surrender on condition that they should be treated as prisoners of war. Barkley told them that if they could prove themselves Confederate soldiers they should be treated as such, but if they were bushwhackers, they must take the consequences, assuring them that they should have a fair trial, whereupon they surrendered and were brought to camp. They were dressed in Federal overcoats and equipped with U. S. arms (Remington revolvers) and accouterments, with a quantity of ammunition. On being brought to camp they were placed under strict guard; food was given them, of which the leader partook almost voraciously; the other fellow, who called himself Ratliff, was sullen and refused to eat. Neither would give any truthful answer to any question asked them.

After they had been allowed to rest for about three hours, and the citizens whom they had robbed had collected and identified an amount of property which Sergeant Barkley had captured in their possession, I called on Captain Norton, Captain Deviny, Lieutenant, Atkinson, Lieutenant Page, and Sergt. John W. Barkley to try their case. The witnesses were duly sworn and identified the men as belonging to the band who had committed a number of outrages during the winter. Jones, the leader, made a shrewd defense until he found himself trapped, when he became bold and said that if the affair was to do over again he would have sent some of the squads to the lower regions before he went there; at any rate, he said that "if he had to die, he had paid for his life nine times." At 10 a. m., 27th, pursuant to the resolutions passed on (see evidence and sentence inclosed), I had them executed. They were allowed to write to their friends (submitting their letters for inspection), and were allowed to send their money and trinkets to their friends also. It was only at the last moment that they made themselves known. The leader proved to be the notorious Benton Gann, of La Fayette County, who has long commanded a marauding band on the border. The other was George Herold, of Cass County, one of Gann's men. They refused to give any useful information; said their trial had been fair and that they were not afraid to die, which boast they made good. They calmly walked to the grave, looked contemptuously on the detail assembled, said they were ready, quietly folded their arms, kneeled down, and met death with a dauntlessness worthy a better cause. The wounded man, who calls himself Jones, and who had received a number of buckshot in his body, I have sent to Clinton to be operated upon by Surgeon Hart. I think he will die. He is one of the most desperate men I have ever seen. He positively refuses to give any information; scowls on those who come near him. He ought to have been executed at once, but humanity revolts at the thought of executing any one so horribly mutilated as he is at present; but, if not ordered to the contrary, I shall execute him if he recovers.

All praise is due Mr. Archibald Colson, Mr. Hiblerr, and others, who fought the desperadoes until Sergeant Barkley's detachment arrived, and his success was attributed to the gallant conduct of Mr. Colson, who shot down the man Jones, who, being so severely wounded, impeded the flight of his comrades, thus enabling Sergeant Barkley to overtake and capture them. Sergeant Barkley deserves