by the District Court of Brazoria county for the murder of Joseph Powell, from whence he broke jail, and made his escape to Matamoras, where he has since practiced his profession. The surgeon-general knew Dr. Sinnickson in Brazoria, and as soon as he communicated the fact to the Mexican officers, the cunning Canales9 and Carasco10 suggested, as a last alternative, that their old deception of a white flag should be tried upon us. At this time, so badly were they whipped, that we were told by Walker, Lusk, and the others of our men who were prisoners, and were tied at the general's headquarters, that the officers' horses were saddled, and held each by the bridle, and that the gate of the churchyard upon the Matamoras road was opened, and every preparation was being made for a flight, when Dr. Sinnickson was started to us with the white flag. Walker and others, who had been prisoners since the day previous, had witnessed the battle from where they were confined, knew the enemy was [96] badly beaten, and knew their condition too well for either of them to be sent in to us. Dr. Sinnickson having just been taken prisoner, and knowing but little of the condition of the enemy, had no chance to communicate with the other prisoners, and on this account, as well as from his being surgeon in our army, he was selected to bring in the flag to us.11 At the time he started with the flag, the other prisoners believed it was for the purpose of asking terms from us, nor were they undeceived in this particular until they saw a portion of our men marching into the public square to lay down their arms.

Dr. Sinnickson was ordered by General Ampudia to say to the Texian commander "that he had 1700 regular troops in the city, and 800 fresh troops near by from Monterey, which would be up in a few minutes; that it was useless for him to contend longer against such odds, and that, if he would surrender his forces, they should be treated with all the honours and considerations of prisoners of war; that the Santa Fé prisoners should be treated so likewise, and that our men should not be sent to Mexico, but kept upon the frontier until an exchange or pacification were effected; and that, if these terms were not acceded to, we should be allowed no quarter."

While the white flag approached from the east, a column of the enemy's infantry advanced from the west, evidently with the intention of getting some [97] advantage over us under the protection of the flag. By the time the flag reached Colonel Fisher, and before any communication could have been received from the bearer, the head of the column had approached within a few feet of the building where I was at that time. They approached without their arms being reversed, and in a hostile attitude, when I ordered a man at my side to shoot the foremost, which was promptly done. The next two shots I fired from my repeating rifle with equally good effect, when the remainder of the column dodged around a stone wall to their right. Our recollection is that these were the last