306 of a majority if it could be prevented and the indians come to terms and let the law take its course. Being deputized by the citi- zens in Camp to proceed with Mr. S. M. Norris and Dixon Walker the former of Coryell and the latter of bosque County. We went to the agency where Capt Ross was absent we had several coun- cils with the Chiefs who promise to remain friendly and keep hereafter the indians on the reserve [Endorsed] Geo. B. Erath
No. 217 LETTER FROM E. J. GURLEY TOH. R. RUNNELS
Waco Texas Feby 3d 1859
Govr Runnels Dear Sir:-in pursuance of the law and of your Excellency's Proclamation, Judge Battle issued warrants for the arrests of Capt Garland and his men for the alleged offense of murder per- petrated in Palo Pinto County upon the friendly indians-and upon the affidavit of Maj Neighbors to the effect-that-the of- fenders were organized and armed & could not be arrested by the civil officers. he deputized Capt Ford to execute the warrants. I am just in receipt of a letter from Capt. Ford declining to act because, Judge Battle had no authority to command him, and no efforts had been made by a civil officer to make the arrests. Now Judge Battle had, under the law, the authority to deputize Capt Ford, and as he accompanied that deputation with Your Excel- lency's Proclamation, it is questionable whether Capt. Ford had a legal right to decline accepting it-at all events, the deputation and Proclamation made it his duty, I think, to accept, and to make the arrests, if in his power. It is true, no effort has been made by a civil officer to make the arrests. Maj Neighbors affi- davit precluded the idea of adopting this plan. The offenders might possibly submit to an arrest by the Sheriff of their county, unarmed, and alone, and come with him before Judge Battle: but they would come organized, armed, and equipped: and that Sher- iff would be utterly powerless to execute the Judge's mandate should he refuse them bail. I as attorney for the State am not willing to play a part in any legal mockery. I do not wish to have an investigation of this case upon terms dictated by the offend- ers nor does Judge Battle. A sufficient guard should accompany these men to trial-and during its progress to ensure the prompt
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