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TEXAS STATE LIBRARY
Malcolm* and Egan were appointed a Committee to hear the testi- mony a,nd report thereon; and in justice to the memory of all con- cerned, we will make one or two extracts from the Report itself and leave the matter to the judgement of the reader Very probable the extracts niay appear to many, too copious and prolix; yet we are certa,in that he original statement of the witnesses themselves must be far more illustrative of the subject and satisfactory to the curious mind than any epitome that we can give; and with this apology we procede to quote. Captain John Austin being called upon by the committee for his evidence in the a,ffair among other things made the follow- ing- statement "On or about the 4th Inst. Modella left his quarters without permission when arrested on charges, and went to Mary's house-witness then received orders to take a file of men and bring the Colonel back.-On Modella 's·return towards his qua,rters, he met General Long, and flourishing two knives, remarked to Genl. Long ''you are not a J'\Iexican Officer and I will no longer remain under arrest." He stepped towards Genl. Long, observing that he would kill him a,nd then die himself. Genl. Long drew his sword, and Mo- dello, still moving towards him, observed '' as you understand fenc- ing, I will fence with you''. Genl. Long then commanded the guard to fire-they obeyed, and Modella fell; was removed to his quarters, received every possible attention and died of his wounds on the 11th Inst.'' Major Benjamin R Milam being exa,mined testified as follows.- " Col. Modella was arrested on the 16th March last for disobedience of orders and mutinous conduct. He had the liberty of the Fort for three hundred 71 until 8 o'clock p. m. With this indulgence he was favored until thursday the 29th. March, when, on a,ccount of a dispute between Mary and the children of Capt. Taylor, the Colonel gave Mrs. T. very abusive language, unbecoming an officer and gentleman, when on the 30th of 1\farch the house in which he and Mary lived was ordered to be removed out of the Garrison. The house was Mary's, and when the order was about to executed, Modella swore that Mary and the house should remain where they were, and that he would kill Genl. Long a,nd a dozen of his officers if they attempted to enforce the order; and armed himself for the purpose of resistance. On the 5th May Inst. he broke his arrest by going out of the Fort to the house of 1\Iary. ·witness went to Mary's and ordered Modella to return to his quarters, who swore that he would obey no order from Genl. Long, that he was no more a Mexica,n Officer and that he would kill him the first opportunity he should have. A guard was then de- tailed to bring the Col. back. He resisted until he saw his life in danger, when he consented to return, but said he would immediately go back. On his way to his qua,rters, he met Genl. Long and (with- out being interrupted by the General) stopped and told the General that he was no more a Mexican General, and he would not be com- manded by him, at the same time a,dvancing upon the Genl. with a *Malcolm was Capt in the U S Army, then at Bolivar on' parole. [Note In document]. nLamar evidently omitted several words here.
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