rock, and was taken at the same time with
the property of Stephen Turley, Thomas
McMahan, James McMahan, David Jones,
and the witness, as before stated; that David
Jones had stolen 3 mares and 3 colts, worth
$285; that Stephen Turley lost a mare and
colt, worth $120, and a two year old filly,
worth $50; that Thomas McMahan lost S
horses, worth $190; that James McMahan
lost two young horses, the value of which
was not remembered; that the witness lost
S mares, worth $200; that the Ioway chiefs
offered to deliver some of the horses, and
brought up for that purpose the mare of H.
Ferril, and Braxton Cooper's horse, but a
party of Indians made pursuit and retook
the mare; that Braxton Cooper saved his
horse by running him away from them; that
the witness had been well acquainted with
the said Ferril, Thomas McMahan, James
McMahan, Steph. Turley, and David Jones;
that he had not received any compensation
for the horses lost by him, and that he did
not believe either of the other claimants re-
ceived either the horses, or any compensa-
tion for the same.

In another of the depositions, James McMahan
and Stephen Turley have testified that they
were well acquainted with the facts stated by
William Reed, except what transpired at the
village; that the same are truly stated, and

23

James Savage

that they believed the property lost to be
fairly charged. And in the other deposition,
David Jones has testified that the facts set
forth in William Reed's affidavit are true;
that he believed the property to be fairly es-
timated; that Thomas McMahan, sen., lost
a horse at the same time, worth about $50;
that the horses of James McMahan were
worth $100; and that the witness affirmed
what is contained in the statement of Wil-
liam Reed, except what took place at the vil-
lage, of which he was ignorant, except that
the party went out and brought in Cooper's
horse.

Gen. Clark has, as to the ten claims last men-
tioned, remarked in his report, that a regular
demand had been made of the Ioways for
the delivery of all property, with the steal-
ing of which they stood charged, and that
none had been delivered to the claimants,
nor had any compensation been rendered to
them through the department.

- He claims payment for

Two mares and two colfs, $230 00

Remarks.

and had never seen the same since
the inroad of the Indians at that
time; that it was the common be-
lief of the neighborhood, and the
belief of the witnesses, that the
property was stolen principally by
the friendly Sacs, and in part, for
aught the witnesses knew, by
the Maimis, who were about that
time also in the neighborhood; that
the horses could not have been
stolen by the Miamis, but by the
Sacs and Foxes; and that the wit-
nesses think that the valuation
was, on an average, correctly and
justly made.

Claims payment for a stud horse
The evidence in this case is contain-
ed in depositions of Philip Turner
and James Anderson, sworn be-
fore Mr. Bates, on the 25th May,
1815, and written on the same
sheet of paper as contains the tes-
timony in the case of said Ander-

300 00

leged, could not have been stolen
by the Miamis, but the witnesses
have not explained why. The
claim, as to property taken by
them, would have been inadmissi-
ble under the law, the Miami na-
tion not having been in a state of
amity with the United States at
the time, as is evinced by a treaty
of peace concluded with that na-
tion, on the 22d July, 1814.
Verbally, Gen. Clark has stated that
the Miamis were all captured by
his order, and were found to have
no horses.

28

Frederick Hyatt