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It's probably safe to reason the 18-year-old man didn't leave the house with intentions to kill someone that day. As he went about his business, he casually held his car's steering wheel in one hand and a cell phone in the other. He certainly hadn't planned on running that red light. That was when a semi-tractor trailer swerved to avoid clobbering his car. Instead of hitting the negligent driver, the rig plowed directly into the vehicle carrying Jacy Good and her parents, Jean and Jay Good. The trio was returning from Jacy's 2008 graduation from Muhlenberg College near Allentown, Pa.
Jacy's parents were killed instantly. She was critically injured and endured agonizing rehabilitation sessions to regain her speech and her ability to do just the simplest of tasks. The Goods' story is just one of thousands each year of the pain inflicted by distracted driving.
It's no wonder that "distracted driving" has been called "the new drunk driving" [source: The Economist].
Distractions inside our vehicles abound. For many professionals, their car, truck or SUV is truly their office on wheels. For younger drivers, the car continues to serve as a social hub as it has for decades. But now vehicles are not just a mobile party; they've also become a spot to place calls and send texts -- all too often with deadly consequences.
Every day, distracted driving kills more than 15 people and injures more than 1,200 [source: Centers for Disease Control].
The purpose of this article isn't to scold busy drivers or hasten the dawn of a vehicular nanny state. Instead, it simply lays out some of the most dangerous habits that distract drivers -- habits that you might not even guess to be all that risky. As the saying goes, forewarned is forearmed.
So start arming yourself for safer driving by reading the No. 10 habit on our list of Most Dangerous Distracted Driving Habits, on the next page.
Eating and Drinking
Compared to some of the other distracted driving habits on our list, this one might seem relatively tame. After all, it doesn't demand all that much cognitive horsepower to stuff your gullet while on the move.
But before you get too enamored of underway refueling, consider some of the things that could go wrong:
- You could spill scalding coffee on your lap
- That breakfast sausage muffin or deluxe burger could collapse in your hands, sending crumbs, sauce and patty pieces all over your work outfit
- Greasy hands or one-handed driving means less control of the steering wheel and shifter
In each of these cases, drivers face a potential domino effect where impaired attention plus an unexpected event lead to loss of control.
Solution: Eat before or after you get behind the wheel; to chow down during your drive places you and others at risk.
Next up, could vanity cause an automotive calamity? Find out on the next page.
Applying Makeup or Grooming
We treat it almost as a joke: the harried office worker who slogs through morning rush hour while painting her face; the road warrior who uses drive time as shaving time.
There's even a conveniently placed "vanity mirror" in the fold-down visor right above the windscreen to facilitate this morning ritual. As usual, the blamed culprit is shortage of time. With our schedules more compressed than ever, the car or SUV might seem like the perfect place to take care of less mentally taxing tasks such as personal grooming.
But there's little arguing with the science on distracted driving. All but a small percentage (between 2 and 3 percent) of the population experience a noticeable decline in performance when they try to do two or more things at once [source: Watson and Strayer].
You may have gotten away with eyebrow plucking on the interstate up until now, but just remember that it's always a gamble.
Continue on to find out how our furry little companions compound our risk on the road.
Tending to Fido or Kitty
Clawing their way in at No. 8, as you may have guessed, are pets. Next to kids, or perhaps in lieu of kids, pets are the collective apples of our eye. Circumstances dictate that sometimes we want to, or have to, transport them. The reason could be a veterinarian visit, a move to a different home or maybe just a trip to the park or beach outside of walking distance.
In any case, the last thing you need is an animal roaming around inside your vehicle while you drive. For the same reasons you wouldn't want people shuffling around the cramped passenger compartment, pets should be secured. It's safer for them, you and others outside your vehicle.
Fortunately, there are carriers for cats and other small pets. For larger dogs, you can try vehicle partitions or even doggy harnesses that strap your canine securely into a seat. That way he can enjoy the wind in his face without getting fur and slobber in yours.
The proper securing device, coupled with your reassuring words and caresses, should make riding in the car a tolerable and perhaps downright enjoyable experience for your pet. And unlike our next subject, pets don't require expensive video games or other electronics to remain settled. Continue to the next page to confirm what you already knew our next distraction would be.
Keeping an Eye on the Kids
The little bundles of joy can be anything but if they don't have distractions of their own to while away time in the car. Whether it's two or more young ones squabbling or a lone infant protesting to be released from a restrictive child safety seat, you do not want to divert your attention from the road to indulge them.
According to the AAA Foundation for Traffic Safety, passengers are ranked by drivers as among the most frequent causes of distraction. Young children are four times as distracting as adults, while infants can be a whopping eight times more distracting, the AAA Foundation reports. Think carefully, though, about stealing a few seconds' glance to investigate while at cruising speed.
It takes only a fraction of a second for a road-borne hazard to enter your vehicle's collision zone and precipitate a disaster.
For the sake of everyone involved, if the little ones' screaming is about to force you to turn around and go back there -- pull over first.
Driving While Drowsy
It was a late night. Maybe you figured, "I didn't drink any alcohol, I'll be fine." But not long after getting behind the wheel, it felt as if your eyelids were anchored with five-pound weights. No matter how loudly you blasted the stereo or how many windows you rolled down, Mr. Sandman relentlessly seduced you to join him.
If that's ever happened to you and you're still here to read this, you're lucky. You're also not alone. Nearly 41 percent of drivers say they've fallen asleep behind the wheel at some point or another, according to the AAA Foundation for Traffic Safety. The NHTSA estimates drowsy driving in the United States causes 100,000 crashes a year, resulting in 40,000 injuries and 1,550 deaths [source: NHTSA].
Of course, it's not always convenient or safe to pull over and catch a few winks. Perhaps you don't think you need or can afford a night at a hotel or motel. But considering the alternative -- death -- it seems reasonable to consider it a non-discretionary purchase.
We go from mental shutdown to sensory overload with our next distraction. Continue to the next page to see why some people can't seem to keep their eyes on the road.
Fiddling with Entertainment and Onboard Electronics
Just because manufacturers and aftermarket companies make high-tech gadgets you can play with while driving doesn't mean you should.
Wisely, in-car DVD players are set by the factory to only play in view of the driver when the vehicle is parked. While that setting doesn't stop determined mobile multitaskers, at least it sends the message: The people who made these things think it's a bad idea to watch DVDs and drive at the same time.
Regular and satellite radios, iPod adaptors and navigation systems can all be deadly digital devices, in the wrong hands. To prevent your love affair with gadgets from becoming a fatal attraction, pull over if a gizmo requires you to focus on a screen and remove your eyes from the road. There's nothing wrong with In-Car Entertainment (ICE) in and of itself. But drivers need to know when to draw the line so that they don't wind up on a cold slab.
Many of us confess to taking a certain amount of guilty pleasure in rubbernecking. But can overindulging lead to a broken neck or worse? Continue on to find out.
Watching Roadside Diversions
Billboards are now animated and practically dare you to try not looking at them. Elsewhere, the hazard might be roadside bombshells -- like if you happen to be cruising through South Beach.
We humans are hardwired to notice the extraordinary. In our earliest days, the unusual could have represented an animal that wanted us for lunch or even a potential mate from another tribe who could diversify the genes of our offspring. One big difference between now and then was that we didn't have the ability to hurtle ourselves across the landscape faster than even a cheetah.
At 55 miles per hour (88.5 kilometers per hour), a car can cover half the length of a football field in about 4 seconds. So while your attention is focused on that toned hardbody strutting along the sidewalk, there's plenty of time for a cell phone-occupied driver to cut in front of you without looking.
While, arguably, our ancient hardwiring makes women better-suited to vehicular multitasking in the modern era, it's dangerous to divide your attention (hence your reaction time) among multiple activities behind the wheel, no matter what your gender.
One of the best -- or perhaps worst -- examples of this is our next distracted driving habit. It's guaranteed to push your buttons, so click to the next page to find out more.
Texting and Updating Social Media
OMG -- were you actually surprised by this one? Here's a stat that's nothing to LOL about -- you're 23 times more likely to crash if you text while driving [source: Distraction.gov].
Prior to the 2000s, this distraction would not have even made the list. But with proliferating technology and social media platforms, it's become one of the worst collective weapons of mass distraction with which we have to contend.
It takes about five seconds of attention to a screen and keyboard to send a brief text. Disturbingly, 77 percent of young adult drivers say they can safely drive while texting [source: stoptextsstopwrecks.org].
In actuality, distracted driving accidents, including those caused by the use of handheld devices, collectively form the No. 1 killer of teens, according to the NHTSA and others.
While it's convenient to blame our problems on technology, sometimes it's quite apparent that the issue really lies with us. To see how having a head in the clouds might put a person underground, go on to the next page.
Driving can be an opportune time to organize your thoughts, clear your mind, think through problems or just enjoy a few moments of solitude.
With experience, routine driving becomes an automatic activity in and of itself. Like brushing our teeth, we don't really have to think about the intricately coordinated choreography of our senses and muscles while driving.
So we might think we have plenty of processing power left over to focus on non-driving related tasks. And that can be dangerous, if we overestimate our powers of focus.
If you've ever let your mind wander and missed your exit on the highway -- then considered swerving across several lanes to catch it -- you're probably aware of the risk posed by daydreaming.
The fact is driving a car equates to operating heavy machinery. Just as you wouldn't expect a crane operator to drift off while hoisting tons of metal beams overhead, responsible driving means maintaining focus. Not only is it a courtesy to your fellow drivers, but it helps you to spot and avoid crazies on the road!
So what's our No. 1 driving distraction? This one has really stirred passions, on both sides of the distracted driving debate. Continue to the next page to see what all the talk is about.
Talking on the Phone
Ringing in at the top spot on our list: talking on the phone. This dubious honor goes to the granddaddy of distracted driving, the now-ubiquitous cell phone. Ever since Wall Street titans and wannabe titans wielded the gigantic brick phones of the 1980s, our obsession with mobile communication has gotten us in trouble behind the wheel.
Driving under the influence of a cell phone, be it handheld or hands-free, impairs driver reaction to the same level as being at the legal limit for blood alcohol content of .08 [source: stoptextsstopwrecks.org].
Hands-free headsets appear to reduce the risk somewhat -- instead of both cognitive and manual impairment as you have with a handheld device, hands-free units only tie up your mental capabilities; in some jurisdictions, they're mandatory for people who talk on the phone while they drive.
Studies suggest that talking on a cell phone roughly quadruples a person's risk of being involved in a crash [source: AAA Foundation].
How could something that seems so innocuous be so deadly? Once again, it lies in the brain's ability to truly do only one thing at a time. We've become such masters at task switching that we create the illusion of successfully doing two or more things simultaneously. But throw a surprise into the mix, like a child darting into traffic or a slamming of the brakes by the car in front of us, and the brain can quickly fail to keep pace.
So there you have it -- 10 of the most dangerously distracting habits you can engage in while driving. While you might have a greater awareness of the risks now, just remember that many people don't. So be safe out there.
For more information on driving-related topics, follow the links on the next page.
Is Jaywalking Still a Crime?
The history of jaywalking is rooted in the auto industry, class wars and even racism. HowStuffWorks explores its history and why it's a crime.
Related Articles
- AAA Foundation for Traffic Safety. "Distracted Driving." (Dec. 27, 2011) http://www.aaafoundation.org/multimedia/distracteddriving.cfm?gclid=CPqmnfKctK0CFaQRNAodMgKfmQ
- California Department of Motor Vehicles. "Driver Distractions -- Don't Be a Statistic." (Dec. 23, 2011) http://dmv.ca.gov/pubs/brochures/fast_facts/ffdl28.htm
- Centers for Disease Control and Prevention. "Distracted Driving." (Dec. 21, 2011) http://www.cdc.gov/Motorvehiclesafety/Distracted_Driving/index.html
- Distraction.gov. "Jacy Good." National Highway Traffic Safety Administration and U.S. Department of Transportation. (Dec. 26, 2011) http://www.distraction.gov/content/faces/index.html#/faces/jacy-good/
- The Economist. "Think before you speak; Distracted driving is the new drunk driving." April 14, 2011. (Dec. 21, 2011) http://www.economist.com/node/18561075
- Geico.com. "Distracted Driving: Tips to Help You Focus on the Road." (Dec. 23, 2011) http://www.geico.com/information/safety/auto/teendriving/distracted-driving/
- Kotz, Deborah. "Driving Drowsy as Bad as Driving Drunk." U.S. News & World Report. Nov. 8, 2010. (Dec. 22, 2011) http://health.usnews.com/health-news/family-health/sleep/articles/2010/11/08/driving-drowsy-as-bad-as-driving-drunk
- Medina, John. "Brain Rules: 12 Principles for Surviving and Thriving at Work, Home, and School." Pear Press. 2008.
- National Highway Traffic Safety Administration. "Wake Up and Get Some Sleep." (Dec. 23, 2011) http://stnw.nhtsa.gov/people/injury/drowsy_driving1/human/drows_driving/
- Occupational Safety and Health Administration. "Distracted Driving." (Dec. 26, 2011) http://www.osha.gov/distracted-driving/index.html
- Pradeep, A.K. "The Buying Brain: Secrets for Selling to the Subconscious Mind." Audible, Inc. November 2010.
- Stoptextsstopwrecks.org. "Stop the Texts. Stop the Wrecks." (Dec. 27, 2011) http://www.stoptextsstopwrecks.org/#facts
- Teen Driver Source. "Distracted Driving." Children's Hospital of Philadelphia, Research Institute. (Dec. 28, 2011) http://www.teendriversource.org/more_pages/page/distracted_driving_/support_gov?gclid=CKmguuKctK0CFUOo4AodBFaLmQ
- Watson, Jason M. and Strayer, David L. "Supertaskers: Profiles in extraordinary multitasking ability." Psychonomic Bulletin and Review. 2010. (Dec. 27, 2011) http://www.psych.utah.edu/lab/appliedcognition/publications/supertaskers.pdf


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POMONA >> A Pomona Superior Court judge on Friday rejected a plea deal for two suspects in the Aug. 8, 1982, fatal stabbing of a 20-year-old Valinda man at Rowland Heights Park because he didn't think the sentences fit the crime.
Judge Douglas Sortino offered Gilbert Leal, 52, of Riverside County, and Marcelino Corona, 50, of Fontana, eight years in prison each and no credit for time served while in custody. They can accept his offer or go to trial instead.
"You can talk to your client. If they are willing to roll the dice and face 15 years to life, we can go to trial," Sortino told Corona's attorney, Anthony Cavalluzzi.
RELATED: Two get eight years for 1982 killing and assault at Rowland Heights Park
The judge gave the defense time to mull over the offer and set a Dec. 4 hearing.
It was an unexpected twist in a case where both sides had worked out a plea deal. Leal would have been sentenced to six years if he pleaded guilty to the voluntary manslaughter of Richard Hernandez. Corona would have gotten eight years for pleading guilty to the voluntary manslaughter of Hernandez, personally using a knife to commit the crime as well as assault with a deadly weapon on the second victim, then 19-year-old Daniel Ontiveros.
The deal from the District Attorney's Office angered Hernandez's family and friends.
They wrote letters to the court, about 18 attended Friday's hearing and three spoke about Hernandez, whose childhood nickname was "Pookie" after comedian Soupy Sales' lion, and the impact his death had on their lives. Justice for Homicide Victims, which the family contacted, also sent representatives to court.
Hernandez's sister, Sandy Velasquez, was among those who spoke in court before the judge made his decision.
She said her family was struggling with the plea deal and called it a slap to the face. She said 15 years to life plus a strike was more reasonable.
"Now 31 years later, karma has caught up with you. And now you're playing the victim," Velasquez told Leal and Corona.
She said their hiding in Mexico after the killing was an act of cowardice.
She then addressed Corona. "You come out here winking and smiling, you show no remorse," Velasquez said, adding that he was being disrespectful to Hernandez's family and the court.
Velasquez said her brother was the kindest person she'd ever known, wasn't a troublemaker and was on a great career path. He wanted to buy two properties, one for himself and one for their parents.
Ontiveros has never been the same after the incident, she said.
Hernandez's elderly parents, Richard and Marjorie, asked if their niece, Audry McDonald, could read their letter. Sortino granted the request.
"We continue to miss him and love him today. …Then the most tragic thing happened to us," the Hernandezes wrote. "Parents should not have to bury their children. It's the other way around."
Fifteen months after her son was killed, Marjorie Hernandez was being unable to cope. She was taken to a hospital and underwent therapy. The family participated in group therapy.
"From the very beginning, the case was not given the merits it deserved," the Hernandezes said. They said the suspects married and had children. Hernandez's death deprived them of seeing him get married and have children.
On Aug. 8, 1982, deputies said Hernandez and Ontiveros were visiting with two girls at the park at 1500 Banida Ave. when they were approached by three men and attacked. Hernandez was beaten, stabbed and later died at a hospital. Ontiveros suffered brain damage, deputies said.
Deputy District Attorney Michael Yglecias said provocative words were directed at the victims. He added that one of the girls remembered a suspect saying, "I know you would back down."
Corona, Leal and Leal's younger brother Eddie fled to Mexico afterward. Eddie Leal died several years later.
Three decades passed.
Leal was discovered in Riverside County, where he had become a youth sports coach and part-time volunteer with the Riverside County Sheriff's Department. His son was murdered in 2011 and there was a car that yielded prints. Detectives fingerprinted the Leal family. Gilbert Leal's prints showed he was wanted for the 1982 Rowland Heights fatal stabbing. He was arrested July 20, 2012.
Corona was found living in Fontana under a different name and arrested Nov. 29, 2012, deputies said.
Judge Sortino said it is the prosecutor's job to charge and to reduce charges. It is something the court cannot get involved in, he added.
What he is deciding is whether there are reasonable and justifiable reasons for the prosecution to make the plea offer.
The prosecution had provided adequate reasons to reduce the charges, he said. He said he understood that there are problems with the case, including the fading memories of witnesses.
But Sortino said the problem is with the 1982 sentencing.
"If you reduce murder to voluntary manslaughter, it's quite a drop from 15 years to life to six years," he said.
He just didn't think six years was enough for Leal or eight years was enough for Corona. His decision was based upon what he heard in court, the letters from friends and families of the victims and suspects, the probation reports, the defense report and the case file.
Sortino's decision surprised the victims' friends and relatives.
"Now we have a little bit more hope," Velasquez said.
Hernandez's childhood friend, Ronnie McDowell, who also spoke in court about losing his friend, said he was very surprised at what the judge did.
"I didn't think we would be given a consideration. After the meeting this morning (with the head deputy DA), I thought it was a done deal," McDowell said.
Hernandez's cousin, Audry McDonald, said she thought the judge was very fair.
"That's all we're asking for, fairness," she said.
This article has been updated to correct the spelling of Hernandez's mother's name. The correct spelling is Marjorie.

subset: commoncrawl


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On this date in the Civil War: December 26, 1861 – The Battle of Chustenahlah (150th Anniversary)
Commentary by Whit Edwards from "The Prairie was on Fire" pp. 9-14:
The area was a good defensive position on a rocky, tree-covered ridge overlooking the creek bottom with nothing but prairie to the front. Once again Opoethleyohola prepared to give battle.
Fearing Opoethleyohola's successful resistance would inspire more desertions and perhaps more reinforcements for old Gouge, Cooper called on Gen. Ben McCulloch for reinforcements. McCulloch was away in Richmond, but Col. James McQueen McIntosh (not related to the Creek McIntosh brothers) and the Second Arkansas Mounted Rifles, Eleventh Texas Cavalry, Sixth Texas Cavalry, Third Texas Cavalry, Whitfield's Texas Cavalry, and Bennett's Independent Company of Texas Cavalry, to Park's Store on Shoal Creek where they made plans to rid the Indian Territory of Opoethleyohola once and for all. They moved out in two columns. Cooper, reinforced by Whitefield's Texans, moved northwest along the Arkansas River, while McIntosh traveled north along the Verdigris River. Cooper hoped to get to the rear of the enemy, and McIntosh planned a frontal assault. By Christmas Day they had located Gouge's camp and spent the miserably cold day preparing their weapons for battle. The next morning McIntosh's column crossed the icy creek only to be met by a hail of gunfire and arrows.
At the battle at Chustenahlah, Col. James M. McIntosh swept over the resistance each time Opoethleyohola's band tried to make a stand and pursued and killed the scattering men. The Confederates captured 160 women and children, twenty slaves and freedmen (but no warriors), livestock, horses, wagons, and thousands of dogs, along with a large portion of foodstuffs. Colonel Cooper had not been able to rendezvous with McIntosh, but Col. Stand Watie and his Cherokee Cavalry appeared on the scene just as the battle ended, having moved out of Fort Wayne. He would be the lead element in the follow-up action.
Opoethleyohola had to abandon his camp in a hurry, and many of his warriors scattered to the wind. His band then had to march north to Kansas without its necessary supplies. Opoethleyohola left a rear guard to slow the pursuing Confederates, but pushed forward, often cutting loose wagons from his teams. The rear guard lost more men when it skirmished some with Watie's Cherokees, but Watie's men captured an additional seventy women and children and a few pack horses and left an additional eleven warriors dead on the field of battle, while not losing one man. Cooper and Watie then pursued the stragglers to the Kansas border, capturing an additional 150 women and children and killing another six men in a fierce storm of snow and sleet. Cooper then followed Colonel McIntosh to Fort Gibson where McIntosh re-supplied before heading back to Arkansas. Opothleyohola and his starving, half-naked stragglers pushed on to Fort Scott, Kansas, where they sought refuge. The Indian Territory was effectively under Confederate control. The sympathizers, friends, and family members of Opoethleyohola who had remained in Indian Territory would face persecution in the months to come.
[Note: Edwards was incorrect when he asserted that they were heading to Fort Scott. Their true destination was Fort Row, near present-day Coyville, Kansas.]
See also: Round Mountain
See also: Chusto-Talasah
See also: Creek Indians in the Civil War
Other Names: None
Location: Osage County
Campaign: Operations in the Indian Territory (1861)
Date(s): December 26, 1861
Principal Commanders: Chief Opothleyahola [I]; Col. James McQueen McIntosh [CS]
Forces Engaged: Creek and Seminole [I]; McIntosh's and Douglas Cooper's brigades [CS]
Estimated Casualties: Unknown
Description: Confederate troops had undertaken a campaign to subdue the Native American Union sympathizers in Indian Territory and consolidate control. They had attacked Chief Opothleyahola's band of Creeks and Seminoles earlier at Round Mountain and Chusto-Talasah. Now, they wanted to finish them off by assaulting them in their camp at Chustenahlah in a well-protected cove on Battle Creek. Col. James McQueen McIntosh and Col. Douglas H. Cooper, commanding the Indian Department, planned a combined attack with each of their columns moving on the camp from different directions. McIntosh left Fort Gibson on December 22, with 1,380 men. On the 25th, he was informed that Cooper's force could not join for a while, but he decided to attack the next day, despite being outnumbered. McIntosh attacked the camp at noon on the 26th. The Union defenders were secluded in the underbrush along the slope of a rugged hill, but as the Confederate attack came forward, the Native Americans began to fall back, taking cover for a while and then moving back. The retreat became a rout as the Federals reached their camp. They attempted to make a stand there but were forced away again. The survivors fled; many went all the way to Kansas where they found loyal Unionists. Chief Opothleyahola's band of Creeks and Seminoles mounted no resistance again.
Result(s): Confederate victory
CWSAC Reference #: OK003
Preservation Priority: II.2 (Class B)
The Official Records of the War of the Rebellion
Series I Vol. 8
Excerpt from Col. Douglas H. Cooper's January 20, 1862 report from Fort Gibson, I.T.
My supply of ammunition being nearly exhausted, and having on my arrival at Van's, the night of December 10, learned that a body of Cherokees from fort Gibson, about 100, who passed up the previous evening, had put on the shuck badge (Hopoeithleyohola's) and gone direct to his camp at Shoal Creek, I was impressed with the necessity of placing the force under my command as soon as possible in position to counteract any movement among the people in aid of Hopoeithleyohola and his Northern allies. Colonel Drew, with his train, and Colonel Sims, with the Fourth Texas Cavalry, were ordered on the 11th direct to Fort Gibson, and with the creek and Choctaw regiment I moved by way of Tulsey Town down the Arkansas. An express was at the same time sent to col. James McIntosh, at Van Buren, with an account of the battle at Chusto-Talasah, with a request that he would send some white troops into the Cherokee country, in order that the moral effect of their presence might repress any outbreak. We arrived at Choska, in the Creek Nation, 20 miles above Fort Gibson, on the 13th. Leaving the main body of the command there, I hastened with Welch's squadron (Companies I and K, of the Choctaw and Chickasaw regiment) and encamped on Grand River, opposite Fort Gibson. Colonel Sims had already arrived, and was encamped at Fort Gibson.
The arrival of Colonel Drew with the account of our victory over Hopoeithleyohola, the presence of Colonel Sims' regiment, and the knowledge of the proximity of the forces at Choska had already suppressed outward show of sympathy with the enemy. The next day I received a letter from Col. James McIntosh, dated Van Buren, December 14, 1861, in which he advised that he had just ordered Colonel Young's regiment, Whitfield's battalion, and five companies of Greer's regiment to report to me at Fort Gibson or wherever I might be found; that he had ordered Capt. Con. Rea, ordnance officer at Fort smith, to honor my requisition for ammunition, and Major Clark to furnish supplies immediately, and that he hoped with this additional force I would be able to march against Hopoeithleyohola with certainty of success & c. an express was immediately started back to Fort Smith with a requisition for ammunition. I remained still at Fort Gibson to see the Principle Chief of the Cherokees, Hon. John Ross, and confer with him on the state of affairs among the Cherokees.
On the 19th a letter was received from Lieutenant-Colonel Diamond, commanding Colonel Young's regiment, reporting that he would reach Fort Gibson on the 20th. On the evening of that day I crossed over to Fort Gibson, for the purpose of addressing the Cherokees, and in conjunction with the chief, on the existing state of affairs among them, and greatly to my surprise found Col. James McIntosh, who announced his intention of taking the field with some 2,000 troops against Hopoeithleyohola. Major Whitfield, with his battalion, crossed Grand river early next morning and reported to me. Neither Colonel Young's regiment nor any companies from Colonel Greer's regiment ever did so (I presume the order previously given was received), but formed part of the separate column Colonel McIntosh had determined to put in motion. No objection was made by me to the change in Colonel McIntosh's intentions. On the contrary, I afforded all the information in my possession as to the situation of Hopoeithleyohola's camp and the surrounding country, and it was understood we were to co-operate, moving the one up the Arkansas and the other up the Verdigris. Colonel McIntosh also promised me a supply of ammunition from what he had brought along. On the 20th, with major Whitfield's battalion and Captain Welch's squadron, I returned to Choska, after entering into a satisfactory arrangement with Colonel Drew and the chief in regard to the reorganization of Colonel Drew's regiment.
Colonel Drew's regiment, when reorganized, was ordered to join me at Choska, and also the available force of Colonel Sims' regiment. December 21, I wrote to Col. James McIntosh, to know when he would be ready and for ammunition; in answer to which, on the same day, he fixed upon the next at 12 o'clock for the commencement of his march with the largest part of his forces, and the next morning, the 23d, for the departure of the rest; their destination Mrs. McNair's on the Verdigris, distance from Hopoeithleyohola's camp about 25 miles¸ stating that he would reach Mrs. McNair's on the morning of the 24th, expressing the opinion that it would not be well to remain at Mrs. McNair's more than one day, and that he would like to see and concert measures with me on the evening of the 24th, and proposing to meet me at any point I might designate; that it was his design to co-operate with me in any measure for the welfare of the country, & c. This I was then satisfied his precipitancy would render impracticable; nevertheless, having on the night of the 23d received at Choska the promised ammunition, I marched the next day for Tulsey Town, and informed Colonel McIntosh by letter that it would be impossible to reach that place before the 26th; that Col. Stand Watie was ordered to be at Mrs. McNair's, on the Verdigris, December 25; that his (Colonel McIntosh's) well-appointed command was too fast for mine, but if Col. Stand Watie joined him I supposed he would have force enough.
On my arrival at Tulsey Town on the evening of the 26th a letter reached me by express from Col. Stand Watie, dated December 25, at Mingo Creek (which is some 12 miles west of Mrs. McNair's in the direction of Hopoeithleyohola's camp), informing me that Colonel McIntosh had gone on, but as he was only 6 miles in advance he hoped to overtake him. Colonel McIntosh pushed on without waiting even for Col. Stand Watie, and attacked Hopoeithleyohola. Col. Stand Watie, however, followed the enemy the next day, overtook him, some 300 strong, had a running fight, and killed 15 of the enemy, without a loss of a man. Hopoeithleyohola, it is said, had gone on with about 200 warriors and made his escape. I also heard on the morning of the 27th that Colonel McIntosh had attacked and dispersed the Indians. It was therefore useless for me to attempt to reach the rear of the enemy by way of the Cherokee settlement in the Big Bend of the Arkansas. The only chance to effect any good was to pursue the enemy by the nearest route. Accordingly I marched for Parks', Shoal Creek, and there, on the 28th, met Colonel McIntosh returning to winter quarters. On the 29th I moved up Bird Creek and camped on the Osage trail to the Big Bend, having discovered during the day foot-prints and other evidences that the enemy had gone up Bird Creek.
The next morning early we struck a plain trail, and followed it a little west of north for two days. On the second day (the 31st) a party of Cherokees, consisting of 3 men and 2 women, were intercepted on the road from Key's settlement, on Caney, to the Big Bend, 1 of whom was killed in single combat by Capt. W. R. McIntosh, of the Creek regiment; 2 made their escape; the women were taken prisoners.
Again following the trail, we overtook several Seminole women and children, from whom we learned that Hopoeithleyohola had gone on two days in advance. Having followed the trail nearly if not quite to the Kansas line, we turned across towards the Arkansas, and intercepted several parties of Creeks, Osages, and Cherokees on their way to Walnut Creek, Kansas. After an exciting chase by the advance guard, under Maj. N.W. Townes, of the Fourth [Ninth] Texas Cavalry, and Major Whitfield's battalion, several of the enemy were killed and a large number of prisoners taken, mostly women and children. A few cattle were also captured by the Creeks.
The weather was exceedingly cold; sleet fell in considerable quantities during the day, and there being every appearance of a snow-storm, we pushed for the timber. Several new trails were discovered during the evening, all leading in the direction of Walnut Creek. The next morning, finding the earth covered with sleet, I resolved to return to my train, and marched the main body of my command down the Arkansas. Sending Colonel Drew with his regiment to examine a wagon-trail we had discovered the evening previous, he found a small camp of Cherokees, which he broke up, wounded 1 man and taking several prisoners. Late in the evening of the same day the advance guard discovered an encampment of Creeks directly under a rocky, precipitous bluff which overhung the Arkansas River, and by rapidly pushing down the bluff and into the river we were enabled to charge the camp and break it up, killing 1 man and taking 21 prisoners, women and children. Several men made their escape across the river. Turning to the top of the bluff we encamped for the night, without food for ourselves or horses. The next day we reached Skia Tooka's settlement, in the Big Bend, where an abundance of meat and some corn was obtained. Next day reached Tulsey town, by a forced march, where we found our train.
This fatigue scout of seven days, embracing the entire country lately occupied by Hopoeithleyohola's forces, accomplished over an exceedingly rough and bleak country, half the time without provisions, the weather very cold (during which 1 man was frozen to death), was endured with great fortitude by the officers and men under my command. Its results were 6 of the enemy killed and 150 prisoners taken, mostly women and children, the total dispersing in the direction of Walnut Creek, Kansas, of Hopoeithleyohola's forces and people, thus securing the repose of the frontier for the winter. It also demonstrated that the capture of the whole of those who remained on Shoal Creek up to the 26th of December, including Hopoeithleyohola himself, could have been easily effected had Col. James McIntosh waited until the forces under my command reached a position in the rear of the enemy, or even if Col. Stand Watie had been sent up Delaware Creek or up Bird Creek and thence to the rear of Hopoeithleyohola's position, the same result would have been attained and the machinations of the arch old traitor forever ended.
The trails on Bird Creeks and on the Arkansas also showed that large numbers of Indians had descended to Hopoeithleyohola's camp before the battle on Bird Creek of December 9, and that still larger numbers had returned up those two streams before the battle on Shoal Creek of December 26. It was also apparent that not more than 1,000 had gone off immediately after that fight. Prisoners of intelligence put the number at 500 warriors.
This report has been long delayed, but the apparent neglect will, it is hoped, be justified when it is considered by the Department that we have been constantly in the field on active service since the events reported until within the past two weeks, during which the placing of the troops in winter quarters has engaged my time and attention.
I have the honor, sir, to be, very respectfully, your obedient servant,
Colonel, C.S. Army, Commanding Indian Department.
Hon. J.P. BENJAMIN,
Secretary of War, Richmond, Va.
Report of Col. James McIntosh, Second Arkansas Mounted Rifles, commanding division, of engagement at Chustenahlah, Cherokee Nation, with letters found in Hopoeithleyohola's camp.
Van Buren, Ark., January 1, 1862
GENERAL: I have the honor to submit the following report of the battle of Chustenahlah, which took place in the Cherokee Nation on the 26th of December, 1861:
Before entering upon the details of the battle it is necessary for me to state that I entered the Cherokee Nation with a portion of my division upon the representation of Colonel Cooper, commanding the Indian Department, calling upon me for additional force. This call was based upon the hostile stand taken by the Creek chief Hopoeithleyohola and the disaffection which has sprung up in one of the Cherokee regiments. I hastened to Fort Gibson, with 1,600 men, and had an interview with Colonel Cooper, and entered into arrangements for mutual co-operation. The plan proposed was that Colonel Cooper, with his force strengthened by major Whitfield's battalion, should move up the Arkansas River and endeavor to get in the rear of Hopoeithleyohola's position on one of the tributaries of the Verdigris River, near the Big Bend of the Arkansas, while my force should march up the Verdigris River opposite the position held by the enemy, and then move directly upon him. On account of the scarcity of forage it was mutually determined that either force should attack the enemy on sight.
I left Fort Gibson at 12 m. on the 22d ultimo with the following force: five companies of the South Kansas-Texas Regiment, commanded by Lieutenant-Colonel Lane; the available strength of the Sixth Regiment of Texas Cavalry, under Lieutenant-Colonel Griffith; seven companies of the Third [Eleventh] Regiment of Texas Cavalry, commanded by Colonel Young; four companies of my own regiment, Second Arkansas Mounted Riflemen, under Captain Gipson; and Captain Bennett's company of Texans attached to the headquarters of the division. This force amounted to 1,380 men.
On the evening of the 25th ultimo a part of the enemy's force appeared in sight immediately after our arrival in camp. A regiment was sent to observe them. I soon became satisfied that this party was endeavoring to lead us on a fruitless chase. I therefore restrained my impatient men and ordered them back to camp. During the evening an express reached me from Colonel Cooper, with the intelligence that it would probably be two or three days before he could make the preconcerted movement, on account of the desertion of his teamsters, and generously stated that if I found it necessary to advance he would give me all the assistance in his power. From this point, knowing it was impossible to move my train farther, I ordered it to remain in charge of Captain Elstner, acting brigade quartermaster, with a guard of 100 men.
With four days' cooked rations I left camp early on the morning of the 26th, and moved cautiously toward the stronghold of the enemy among the mountains running back into the Big Bend of the Arkansas. Lieutenant-Colonel Lane, with his regiment, moved in advance. A company of his regiment, under Captain Short, was thrown forward as an advance guard, with orders to throw out flankers well to the right and left. Toward 12 m. we approached Shoal Creek, a tributary of the Verdigris.
As soon as Captain Short had crossed the stream a heavy and continuous firing was opened upon him. The company gallantly maintained its position. I immediately ordered Lieutenant-Colonel Griffith, with his regiment, to move upon the right, and Colonel Young on the left. The center, composed of Lieutenant-Colonel Lane's regiment, Captain Bennett's company, and the detachment of the Second Regiment of Arkansas Mounted Riflemen, then moved forward and crossed the stream in the face of the enemy in large numbers posted to the right on a high and rugged hill, with its side covered with oak trees. The enemy continued their fire upon us. Colonel Young promptly crossed the stream and formed upon the left of the center, which was already in line of battle. Lieutenant-Colonel Griffith, with his regiment, was ordered to march up the stream, which flowed at the base of the hill on which the enemy was posted, and, after coming opposite their left flank to dismount, cross the stream, and attack him in the flank. All these orders were promptly and efficiently executed, and the whole force ready for action. The enemy was in a very strong position, and from it observed our actions, in happy innocence of the gallant resolve which animated the hearts of those in the valley below them. The Seminoles, under the celebrated chief Halek Tustenuggee, were in front on foot, posted behind the trees and rocks, while others were in line near the summit of the hill.
Hopoeithleyohola's Creeks were beyond, on horseback. A few representatives of other tribes were also in the battle. The whole force was estimated at 1,700. Between the rough and rugged side of the hill a space of 200 or 300 yards intervened of open ground. Each tree on the hill-side screened a stalwart warrior. It seemed a desperate undertaking to charge a position which appeared almost inaccessible, but the order to charge to the top of the hill met a responsive feeling from each gallant heart in the line, and at 12 m. the charge was sounded, one wild yell from a thousand throats burst upon the air, and the living mass hurled itself upon the foe. The sharp report of the rifle came from every tree and rock, but on our brave men rushed, nor stopped until the summit of the hill was gained and we were mingled with the enemy. The South Kansas-Texas regiment, led by those gallant officers Colonel Lane and Major Chilton, breasted itself for the highest point of the hill, and rushed over its rugged side with the irresistible force of a tornado, and swept everything before it. The brave Major Chilton, while approaching the summit of the hill, received a severe wound in the head, but with unabated vigor continued in the fight. Captain Bennett, with his company and the detachment of the Second Regiment Arkansas Mounted Riflemen, under Captain Gipson, gallantly charged side by side. Captain Gipson was ordered to dismount his command and move into a thicket into which he had driven a portion of the enemy, which he did promptly and with great execution.
After charging some distance on the extreme left, the gallant Colonel Young, observing that the enemy were moving to the more rugged part of the field of battle on the right, with ready foresight rapidly moved his regiment to that portion of the field, and succeeded in cutting off many of the enemy. Lieutenant-Colonel Griffith, having obeyed the first order given him, observing the enemy flying from the hill, rapidly mounted his command, and moved forward up the stream, crossed it some distance above, and gallantly encountered the enemy, who had made a stand near their principal encampment. The enemy by this time were much scattered and had retreated to the rocky gorges amid the deep recesses of the mountains, where they were pursued by our victorious troops and routed in every instance with great loss. They endeavored to make a stand at their encampment, but their efforts were ineffectual, and we were soon in the midst of it. Property of every description was scattered around. The battle lasted until 4 o'clock, when the firing gradually ceased, and we remained victors in the center of Hopoeithleyohola's camp.
The loss sustained by the enemy was very severe. Their killed amounted to upwards of 250. Our loss was 8 killed and 32 wounded. The brave and gallant Lieutenant Fitzhue was shot in the head, and fell while gallantly leading his company. Capt. J.D. Young, of Young's regiment, and Lieutenant Durham, of the South Kansas-Texas Regiment, were both wounded while in the thick of the battle. We captured 160 women and children, 20 negroes, 30 wagons, 70 yoke of oxen, about 500 Indian horses, several hundred head of cattle, 100 sheep, and a great quantity of property of much value to the enemy. The stronghold of Hopoeithleyohola was completely broken up, and his force scattered in every direction, destitute of the simplest elements of subsistence.
At 4 o'clock the rally was sounded, and the different commands went into camp on the battle-field. The dead and wounded were collected and cared for. The officers of the medical department of the different regiments deserve much credit for their promptness in attending to the wounded.
A party of Stand Watie's regiment of Cherokees, numbering 300, under the command of the colonel, although under my orders, came up just as the battle terminated. This regiment had been ordered to join me from its station on Grand River. It was no fault of its commander that it did not reach us sooner. Every effort on his part was made in order to reach us in time.
At early dawn on the day after the battle I again left camp in pursuit of the flying enemy. After a hot pursuit of 25 miles we overtook 2 wagons, which were captured and burned. At this moment sharp firing was heard upon the left, and a messenger came from Col. Stand Watie with the report that he was engaged with the enemy. I immediately moved in the direction, and upon our arrival I ascertained that Colonel Watie had overtaken a number of the enemy and had gallantly charged them. Major Boudinot, commanding the left flank of the regiment, had rushed into a deep ravine and driven the enemy from it. In the skirmish 15 men of the enemy were killed and a number of women and children taken.
Throughout our rapid march – sometimes on ground covered with snow and at others facing the chilly blasts from the north – the greatest enthusiasm prevailed in anticipation of the coming struggle, and at all times during the march and on the battle field every officer and soldier of the brigade nobly did his duty, and it is with heartfelt pride that I bring them to the notice of the Department. The charge at the commencement of the battle was splendid; none more gallant was ever made. Individual acts of daring and hand-to-hand encounters were of frequent occurrence during the day, but it would be impossible to enumerate them. I therefore refer the Department to the reports of regimental and detachment commanders, herewith transmitted.
To Captain Elstner, of the Second Regiment Arkansas Mounted Riflemen, who acted as brigade quartermaster and commissary, m y thanks are due for the efficient and able manner in which he conducted the affairs of his department. To my personal staff I am indebted for much valuable service. Both Mr. Frank C. Armstrong and Mr. James S. Vann, my volunteer aides-de-camp, went gallantly into the fight, and bore themselves with great coolness and courage. Lieut. G.A. Thornton, the acting assistant adjutant-general, was also active and efficient in carrying various orders, and deserves great credit for his coolness during the battle.
Casualties – Killed 9; wounded, 40.
I have the honor to be, general, very respectfully, your obedient servant,
JAMES McINTOSH
Colonel, Commanding Division.
Letter of Col. James McIntosh, transmitting reports of subordinate commanders of the
Battle of Chustenahlah, December 26, 1861.
Fort Smith, Ark., January 4, 1862
GENERAL: I have the honor to transmit the inclosed reports of regimental and detachment commanders of the battle of Chustenahlah, Cherokee Nation, fought on the 26th ultimo also copies of letters from Kansas to the Indians. These letters were found in Hopoeithleyohola's camp.
I have the honor to be, general, your obedient servant,
JAMES McINTOSH
Colonel, Commanding.
General S. COOPER,
Adjutant-General, C.S. Army, Richmond, Va.
Copies of letters taken in Hopoeithleyohola's camp.
BARNSVILLE, September 10, 1861.
HOPOEITHLEYOHOLA, Hok-tar-hah-sas-Harjo:
BROTHER: Your letter by Micco Hutka is received. You will send a delegation of your best men to meet the commissioner of the United States Government in Kansas. I am authorized to inform you that the President will not forget you. Our Army will soon go South, and those of your people who are true and loyal to the Government will be treated as friends. Your rights to property will be respected. The commissioners from the Confederate States have deceived you. They have two tongues. They wanted to get the Indians to fight, and they would rob and plunder you if they can get you into trouble. But the President is still alive. His soldiers will soon drive these men who have violated your homes from the land they have treacherously entered. When your delegates return to you they will be able to inform you when and where your moneys will be paid. Those who stole your orphan funds will be punished, and you will learn that the people who are true to the Government which so long protected you are your friends.
Your friend and brother,
Commissioner of U.S. Government
BARNSVILLE, KANS., September 11, 1861.
Who are loyal to the U.S. Government:
FRIENDS AND BROTHERS: The commissioners of the United States would like to meet delegations from your nations at the headquarters of the Kansas brigade, where they will confer with you. The Indians who are true to the Government will always and everywhere be treated as friends by her armies. Your rights will be held sacred; you will be protected in person and property. It is only over the enemies of government and law that an avenging hand will be raised.
Very respectfully, yours, & c.,
Commissioner of U.S. Government.
Barnsville, September 11, 1861.
TUSAQUACH, Chief of the Wichitas:
FRIEND AND BROTHER: It is the wish of the commissioner of the United States Government that you either come to Kansas with your friends the Seminoles or send two or three of your best braves. We also want the Keechies, Ionies, Cadoes, and the Comanches to send some of their men to meet and have a talk with the commissioners of your Great Father at Washington. His soldiers are as swift as the antelope and brave as the mountain bear, and they are your friends and brothers. They will give you powder and lead. They will fight by your sides. Your friend Black Beaver will meet you here, and we will drive away the bad men who entered your company last spring. The Texans have killed the Wichitas; we will punish the Texans.
Come with your friends the Seminoles.
Your brother,
Commissioner for the U.S. Government.
Report of Col. W. C. Young, Eleventh Texas Cavalry, of engagement at
Chustenahlah, Cherokee Nation
SIR: I have the honor to report the action of my regiment in the engagement of the 26th of December. I took up my position on the left, according to your instructions, at the commencement of the action. I remained there until the woods were on fire, and being satisfied that the enemy did not intend an attack on our left, I moved my regiment in the direction of the mountains, on the right. On moving up the first mountain I passed Major Chilton, of Colonel Greer's regiment, who was wounded in the head, and learning from him the direction the enemy had taken, I moved my regiment in an oblique direction through the mountains, where, after going some 2 miles, we came up with the enemy strongly posted among the rocks and timber. We immediately charged them, carrying everything before us. After this the enemy, being completely routed, ran in different directions. My regiment then pursued them in detachment of companies, keeping up a running fight until 4 o'clock in the afternoon. The regiment was then rallied, and we proceeded to gather up the killed and wounded, which we succeeded in doing, and reached camp a little after dark.
My regiment killed 211, viz: By the staff, 3; a detachment of 36 men from the companies of Captains Twitty, Reeves, and Young, commanded by Capt. J.D. Young, killed 34; Captain Harman's company killed 16; Captain Burk's company killed 30; Captain Nicholson's company killed 16; Captain Bound's company killed 26; Captain Featherston's company killed 10; Captain Hill's company killed 26; Captain Wallace's company, 50. Total killed, 211.
Our loss killed on the field was 1 private, William Franklin, Capt. Harman's company; mortally wounded, Sergt. W. H. H. Addington, of Captain Young's detachment, and W. S. Proctor, of Captain Wallis' company; and J. N. Robinson, of Captain Wallis' company, severely wounded, left arm broken; slightly wounded, Capt. J. D. Young, in the thigh, and Benjamin Clark, private in Captain Featherston's company, wounded in the leg. Total killed and wounded, 6. In Captain Nicholson's company 3 horses shot, and in Captain Harman's company 3 horses shot. Captain Featherston's company lost —; Captain Hill's, 1 killed. In Captain Wallis' company 1 horse killed and 1 disabled. In Captain Burk's company 1 horse lost.
We took a great many women, children, and negroes prisoners; also a number of horses and cattle, which were turned over, by your order, to Captain Gipson, of the Arkansas regiment.
In conclusion, I am proud to say that both officers and men of my regiment behaved throughout the engagement as became soldiers and Texans.
Respectfully, your obedient servant,
Colonel, Commanding Texas Cavalry.
Report of Lieut. Col. John S. Griffith, Sixth Regiment Texas Cavalry, of engagement at Chustenahlah, Cherokee Nation.
Camp Hominy Creek, Cherokee Nation, December 27, 1861.
COLONEL: On the 26th instant, at 12 m., I was ordered by you to move my command up on the right of and parallel with Colonel Lane's command. This executed brought me to Hominy Creek, when I was further ordered to dismount my men and form a line. When Colonel Lane made his gallant charge on the enemy I ordered my men to their horses, formed, and rapidly advanced in a flanking movement you intended for me to make up the valley for half a mile, crossed over to the west, or battle side of the creek, proceeded a short distance up, and discovered the enemy upon the opposite bank. I charged across the creek, put the enemy to rout, continued up the valley something like a half mile farther, cutting off all the straggling and then flying Indians in that direction. I then turned to the left in a northwestward direction over the rocky hills and gorges that made into the larger gorge that was then in between Colonel Lane's command and mine. Continuing this course, I crossed over five or six rocky hills, on three of which, behind the rocks, the enemy were in position in considerable numbers. My men gallantly charged in succession, putting them completely to rout It was during these charges that the brave and gallant Lieutenant Fitzhue and Thomas Arnold fell among the foremost in the fight.
After going about 3 miles in this direction I came to the Cross Hollows. There the enemy were collected in large numbers. Dismounting my men, we poured a galling fire on them at about 125 yards distance, which finally dislodged them. From thence I proceeded in a westward direction, cutting off occasionally straggling Indians, until 3.30 o'clock p.m. The loss of the enemy by my command, as near as can be estimated by myself and others, is 70 killed; that of my own men, 15 killed and wounded, as follows, to wit: Company C, Lieutenant Smith commanding, E. V. Howell, mortally wounded in the head; John R. West, wounded in the wrist. Company D, Lieutenant Kelly commanding, Bugler J. B. Harris, killed; G. w. Coffman, wounded in breast. Company E, Captain Wharton commanding, William Spencer, wounded in breast; W. P. Wright, wounded in breast and arm. Company F, Sergeant Young commanding, James Green, mortally wounded, shoulder and wrist; Henry Ellis, wounded in leg; George w. Wilson, wounded in chest and arm; Leonard Sheffield, wounded in breast. Company G, Captain Ross commanding, Thomas T. Arnold, killed; J. H. Whittington, wounded in groin. Company H, Lieutenant Whittington commanding, First Sergt. R. H. Baker, wounded slightly in shoulder; A. M. Keller, wounded slightly in hand. Company K, Captain Throckmorton commanding, First Lieut. G. S. Fitzhue, killed.
At 3.30 o'clock I started back to where the battled commenced, where I arrived at dark, bringing in 75 women and children as prisoners and 3 negroes and 80 horses, which are herewith turned over to you. To the brave and gallant Captains Ross, Hardin, Wharton, and Throckmorton, and Lieutentants Scott, Cummings, Kelley, Smith, and Whittington, and Sergeant Young I am much indebted for the success we had by their fearless charges in the front of their respective commands, which so signally routed the enemy from every point. I am indebted to Adjutant Gurley and Sergeant-Major Porter for their efficiency in transmitting orders, as well as for good fighting. Lieutenants Truitt, Vance, and Cannon, and every non-commissioned officer and private, for so nobly sustaining their officers, not only deserve my thanks, but the applause of their countrymen. Assistant Surgeon Bradford did good duty as a soldier in the ranks until his presence was required with the wounded, whom he has since constantly and skillfully attended.
Before closing I must return my sincere thanks to Captains Ross, Wharton, and Throckmorton, and Adjutant Gurley for timely assistance when I was in imminent personal peril, and my gratitude to Providence for crowning our arms with victory.
With respect, I am, your obedient servant,
Lieut. Col., Comdg. Sixth Regiment Texas Cavalry.
COL. JAMES MCINTOSH, Commanding.
Report of Lieut. Col. Walter P. Lane, Third Texas (South Kansas-Texas) Cavalry, of engagement at Chustenahlah, Cherokee, Nation.
South Kansas-Texas Cavalry, December 26, 1861
SIR: I have the honor to submit the following report of my command in the battle of Chustenahlah, on the 26th instant:
I had with me the greater portion of five companies, to wit, Companies A, B, E, F, and G. To these were attached a few from other companies in the regiment, in all about 350 men. Company A was commanded by Sergt. R. B. Gause, Company B by Lieut. M. D. Ector, Company E by Capt. D. M. Short, Company F by Capt. Isham Chisum, and Company G by Lieut. O. A. Durrum. Our advance guard, in command of Captain Short, being fired upon by the enemy, stood firm until our force came up. It was at once evident that the enemy were in force and had taken a very strong position, protected and sheltered to a great extent by trees and rocks, with an open prairie in front of them. I was ordered to charge the strongest point of the enemy. When the regiments had taken the different positions assigned them the bugle sounded the charge. As we approached the foot of the hill the enemy opened a heavy fire upon us. No confusion was created by it in our advancing columns. Many of the enemy made for their stronghold on the top of the hill, where there was a natural breastwork of rocks, and fired over the rocks at us. Many of my men, without making any halt, gained the heights by the few narrow entrances on the side where it was alone accessible, while others dismounted and scaled the rock, and here for a short time a desperate struggle ensued. Many shots were fired when the contending parties were only in a few steps of each other, and in some instances they were engaged in a hand-to-hand struggle. Soon the point was cleared by us, and the enemy retreated in great confusion, some of them making a stand for a short time in the deep gorges and rocky defiles of the mountains. When we had completely scattered and routed those who had made a stand against us, hearing a heavy firing northeast, I oblique with my command in that direction, and joined Colonel Stone's regiment, with which I co-operated during the remainder of the battle, going where, from the firing, we would be most likely to come up with the largest bodies of the enemy. We continued in the pursuit until one hour by sun in the evening.
It is due to all those in command of companies to say that they deserve great credit for the manner they led their companies into the charge and for their conduct throughout the battle. The truth is, every officer and private in my command acted gallantly and to my entire satisfaction during the engagement. I am proud indeed that at such a time it was my fortune to command such men. When I consider the position occupied by the enemy, I deem it nothing but due to you to state that the battle was admirably planned, and was executed by the different commands in a manner calculated to reflect great credit on our arms.
Yours, very respectfully,
Lieut. Col., Comdg. South Kansas-Texas Cavalry
Colonel, Commanding, and Acting Brigadier-General
Report of Capt. William Gipson, Second Arkansas Mounted Rifles, of engagement at Chustenahlah, Cherokee Nation.
SIR: I have the honor to submit the following report of the part taken in the battle of Chustenahlah by the battalion of your regiment under my command, composed of the following companies: My own, commanded by Lieutenant Scott; Captain Parker's, commanded by Lieutenant Caldwell; Captain King's, commanded in person; and Captain Flannagan's, commanded by Lieutenant Callaway. In consequence of the companies being reduced by sickness and leave of absence, the whole number under my command amounted to only 130 men.
On the morning of the 26th December, after marching 10 miles, we came in sight of the encampment of the enemy, between whom and our advance guard an animated fire soon ensued. In obedience to your order I took position in the center, Colonels Greer and Stone's regiment on my right and Colonel Young's regiment and Captain Bennett's company on my left. At the command we charged the enemy, who were positioned at a distance of 200 yards in the timber, and firing upon us from the points of the hills and valleys between. After our first fire they fell back among cliffs of rocks. We then dismounted, again attacked them, and again routed them. Finding that we could not overtake them on foot, we returned to our horses and followed up the retreat for 2 miles. Coming in sight of them, we again charged and routed them. We followed up the retreat for 3 miles, shooting and cutting the enemy down all along the route. I estimate that we killed from 80 to 100. I had none killed.
The following is a list of the wounded, viz:
My own company: Private J.G. Humphrey, dangerously; Private W. C. Eppler, dangerously; Private M. G. Blaylock, wounded in the arm; Private Riley Nicholson, slightly.
Captain Parker's company: William McCarthey, wounded in the head.
Captain King's company: Joseph H. Bradford, wounded slightly; Robert D. Bolton, wounded slightly.
Officers and men under my command fought bravely and did their whole duty.
Senior Capt., Comdg. Bat. Second Ark. Mounted Riflemen.
Colonel MCINTOSH, Commanding.
Report of Capt. H.S. Bennett, Lamar Cavalry Company, of engagement
at Chustenahlah, Cherokee Nation.
I beg to leave to state that on the day of the battle I had in my command 40 men, and that we formed in line for battle about 12 noon, and in a very short time made a charge on the enemy, then stationed about 300 yards distant, who instantly upon the charge being made fell back upon the opposite side of a ravine, covered with bush and vine, and on our approach to that point we received orders to dismount; but finding the enemy at such a distance, retreating and firing, I immediately ordered m company to remount and charge; but before reaching the base of the mountain the enemy had ascended its top and made a stand, and as we charged to the top of a steep and rocky mountain we encountered a very heavy fire from the enemy, about 100 strong. We ascended the mountain in good order, and made a desperate charge and at once put the enemy to flight. The enemy retreated in disorder. Occasionally from ambush or the cover of trees and rocks we received their deadly shots, and in this manner the conflict continued until we had completely routed them from the mountain, and then the first struggle ended, the company killing some 20 of the enemy and wounding some 9 or 10. The number killed in my company was 2 – Privates F. Lane and H. E. Wilson. One slightly wounded.
A portion of my command, under Lieut. I. H. Wright – whose gallantry on the occasion deserves praise – continued the pursuit some 7 or 8 miles, killing and wounding several more. It gives me pleasure to state that my small command did battle with a courage and heroism scarcely equaled.
The engagement on the 26th continued some three or four hours For such a signal and glorious victory the highest praise is due our gallant commander.
All of which is respectfully submitted.
Captain, Lamar Cavalry.
Colonel MCINTOSH, Commanding Forces.
Report of Col. James McIntosh, Second Arkansas Mounted Rifles, commanding division,
of skirmish with Creeks and Seminoles.
Fort Smith, Ark., January 10, 1862
GENERAL: In my report to you in regard to the captured property taken at Chustenahlah I should have stated that 190 sheep were turned over to the commissary, Captain Lanigan, at Fort Gibson.
Since writing that communication I have received a report from Colonel Watie, commanding Cherokee regiment (who I left behind to collect the stock taken from the Indians), stating that he brought back with him between 800 and 900 head of cattle and 250 Indian ponies. Colonel Cooper, who marched with his command of Indians over the ground two or three days after the battle, also found a number of cattle, which were secured. All this property is in addition to what I have hitherto reported.
Colonel Watie also reports that on his return to Grand River from the battle-field, he having ascertained that a company of Cherokees numbering 50 or 60 were near his camp, making their way northward, with arms in their hands, sent two companies to arrest them. In endeavoring to accomplish this 1 Cherokee was killed and 7 made prisoners. Their wagons and some of their arms fell into the hands of Colonel Watie. From an officer just in from Colonel Cooper's command I ascertain that Hopoeitheyohola has gone to Kansas, and has not more than 400 or 500 Creeks with him. Many of the Indians who espoused his cause have left him since the battle, and are now anxious to come in and make a treaty. As we have made them entirely destitute, I think all but Hopoeithleyohola's immediate followers will come in.
I have the honor to be, general, your obedient servant,
Colonel, Commanding.
General S. COOPER,
Adjutant-General C. S. Forces, Richmond, Va.
Report of Col. Stand Watie, Second Cherokee Mounted Rifles,
of skirmish with Creeks and Seminoles.
On Shoal Creek, December 28, 1861.
COLONEL: In the march upon the enemy yesterday the force under my command had proceeded some 20 or 25 miles when my scouts, under Captain Coody, reported the enemy in considerable force on the hills to my left. I immediately left the route you were pursuing and took my command to the place where the enemy had been seen. They had discovered my approach and retreated to strong positions among the hills and mountain gorges. I placed about half of the command under Major Boudinot, directing him to go to the left, while I took command of the rest to the right. The enemy was scattered over a large scope of country, much of it inaccessible to horses, but my men attacked the enemy wherever found, never failing to route them from their strongholds. The fight continued with intervals for two hours or more. What is quite remarkable, none of my men were either killed or wounded. According to the best estimates I can make of the loss of the enemy, it could not be less than 9 or 10 killed. I cannot tell the number of wounded, but I have reason to think it quite small. This estimate does not include the killed of the enemy by the force under Major Boudinot, whose report of the doings of his command is herewith respectfully submitted. Captain Jumen and Capt. Joe Thompson commanded the part of the force which I took charge of. The officers and men of their companies behaved with signal gallantry.
I have the honor to be, colonel, your obedient servant,
Commanding Cherokee Regiment.
Colonel MCINTOSH, Commanding.
Report of Maj. E. C. Boudinot, Second Cherokee Mounted Rifles,
of skirmish with Creeks and Seminoles.
Shoal Creek, December 28, 1861.
COLONEL: In obedience to your order I took charge of the left division of the force under your command in the attack made upon the enemy yesterday. The enemy were seen upon every hill and in every valley, and according to the best estimate we could make of their strength they must have numbered from 500 to 600 warriors. They made no determined stand, but were driven by our soldiers from point to point. Every man seemed anxious to be foremost, and the charges made upon the enemy over rocks, mountains, and valleys – the roughest country I ever saw – were made with the utmost enthusiasm, and with irresistible impetuosity. Although the firing was brisk and rapid for an hour and a half, with intervals of following the enemy from one position to another, none of the men in my division were killed or wounded.
The killed of the enemy it is impossible to estimate accurately, as the skirmishing was over so much ground, so I give only the number which I am sure were counted, which is 11 killed; the wounded unknown.
The companies in the left division were commanded by Captains Bell, Mayes, Parks, and Coody, who all distinguished themselves by their daring and gallantry, as did also every officer and soldier in the command. You yourself had charge of the remainder of the force. We took some 75 prisoners, together with 25 or 30 pack horses, which afterwards were released by your order. It is due Colonel Taylor to state that when you gave me the command of the left division he was thought to be in your division, and after I discovered him in mine I yielded to his superior rank, and gave no orders but what were concurred in or first given by him.
Major, Cherokee Regiment.
Col. STAND WATIE, Cherokee Regiment.
Miscellaneous reports of Chustenahlah from participants
Capt. H. L. Taylor
Third Texas Cavalry, CSA
We camped on the night of the 24th sixteen miles from Bird's creek in a strip of woods surrounded by prairie. The Indians made their appearance of about 400 strong, on the open prairie north of us late in the evening. About 11 o'clock on Christmas day we came in contact with the outpost just south of Bird creek. They were quickly dispersed-in fact, leaving their post before we got in shooting distance. Crossing Bird creek, they joined their main fighting force, then occupied the mountain peak and cedar brakes. They were formed along the ledges of rocks and cedar breaks with their war paint and costumes on. Making all sorts of noises, such as crowing, cackling and yells of all sorts, they began firing on us as we were moving in line north of the creek.
Col. Walter Lane, one of the oldest and best Indian fighters on earth, without waiting orders to advance, had his gallant little bugler, Charlie Watts, to sound charge; and as on[e] man Col. Lane led our boys to the assault. The Indians were scattered in full retreat. We followed them in a running fight and would have killed most of them had it not been for the splendid tactics practiced by them.
These mountain spurs, covered with huge rocks and cedar breaks, were interspersed with narrow gorges covered with broom sedge almost as high as a man on horseback. The Indians would retreat across the gorges and prepare to fire the sedge at a given signal. All along our front flames would sweep rapidly over the gorges, and we were in the midst of it. We would have to retreat, and there we would have to wait for the fire to cool down before we could advance. We had about 50 killed and wounded. Among the wounded was Maj. George Clinton a very gallant officer. We had captured 300 women and children and one wounded warrior. It is estimated that they left from 275 to 300 dead on the field.
[Source: Taylor, H. L., "The Indian Battle of Chaustinolla," Confederate Veteran 24 (March 1916) pg. 122]
Pvt. D. J. Cater
Company B, Third Texas Cavalry CSA
Their pickets were out in front of their main army, but after firing a few shots retreated to the main army on the heights, a splendid position, fortified by standing trees and elevated perpendicular rocks, with an occasional opening. They were not expecting a charge on their strong position, but McIntosh formed us in line, ordered to dismount, leaving every 5th man to hold horses, charge double quick and take those heights. The Indians were slow in leaving and continued to give us a battle as they retreated. This continued for several miles, until we arrived at their camp. They fled leaving their wagons, oxen, sheep, ponies, provisions, their women and children and 21 Negroes in our possession. We only captured one warrior and he was wounded. We killed 200 Indians but lost 50 men. We turned everything we captured over to Gen. Cooper except the Negroes, which we took with us.
[Source: Cater, D. J., "The Battle of Chustenahlah." Confederate Veteran 38 (June 1930). pg. 233]
Pvt. Sam Love
Company A, Sixth Texas Cavalry CSA
There has been more than 40 of this regiment died of disease while there hasn't been but 5 killed and 12 or 15 wounded in our late battle on the head waters of the Vertigres [Vertigris] River, called the battle of Chewstinella [Chustenahlah]. After cooking 4 days rations on the night of the 25th we set out on the morning of the 26th, while one of the coldest northers I ever felt came full in our faces. After traveling 12 miles we crossed a large creek and directly after we saw a large smoke. We hadn't gone more than 20 yards before we heard a gun fire towards the van of the army and then 3 or 4 and then 15 or 20 and directly 300 or 400 along a line of something near ¾ of a mile. Col. Griffith was ordered to the right, to dismount and charge the hill on foot while Col's Lane and McEnthosh'es [McIntosh] Regt's charged gallantly on horseback while we charged through the creek about 1 ½ inch water and ice and the same in mud, but we got to the top of the bank on the opposite side form where we started. Our Col. saw that we would not get into the fight on foot so he took the responsibility of ordering us back to our horses. So we charged through the creek again and got back to our horses. The other Regts had got the start of us and were likely to gain the laurels of the day. By moving to the right and charging another hill we got the lead and killed about as many as Col. Greer's & Youngs and than the Arkansawyers did. One thing I forgot to mention, that while we were forming the Indians were barking like a dog howling like a wolf & yelling and gobbling like a turkey.
[Source: Sam Love Letter, December 30, 1861. Sixth Texas Collection, Harold B. Simpson Research Center, Hillsboro, Texas.]
Pvt. James H. Kerly
Company C, Sixth Texas Cavalry CSA
As we went up the mountain after them, they slapped their sides and gobbled like turkeys. We killed some of them and routed the others and captured about 300 fine beeves and camp equipment, besides their women and children. We turned the women and children over to Col. Cooper.
[Yeary, Mamie. Reminiscence of the Blue and Grey 1861-1865. Morningside Press: Dayton, Ohio. 1986. pp. 395-396.]
Phoebe Banks
Creek-owned slave
Old Gouge, all our family join up with him and there was lots of Creek Indians and slaves in the outfit. The runaways riding ponies stolen from their master. When we get to the hilly country they make amp on a big creek and the Rebel Indian soldiers catch up but they was fought back. Then long before morning lighten the sky get on the move farther. About the time they ready to ford another creek the Indian soldiers catch up and the fighting begin all over again. We try to fight off them soldiers like they done before, but they get scattered around and separated so's they lose they burn Prairie.
[Source: Interview of Phoebe Banks, n. d., typescript, Grant Foreman Collection, Box 11. Thomas Gilcrease Museum, Tulsa, Oklahoma.]
Pvt. E. V. Powell and Bugler J. B. Hams, Company D; Pvt. James Gwen, Company F Lt. Thomas Arnold, Company G; Lt. G. S. Fitzhugh, Company K, Sixth Texas Cavalry CSA¸were killed in action. Pvt. G. H. Coffman, Company D; Pvt. W. P. Wright, Company E; Pvts. Henry Ellis, George Wilson, and Leonard Sheffield, Company F; Pvt. I. H. Whittington, Company G; 1st Sgt. R. H. Baker and Pvt. A. M. Keller, Company H, Sixth Texas Cavalry CSA, were wounded in action. From Greer's Texas troops, Lt. Eckin was killed in action, and Maj. George Clinton was wounded.
[Source: Confederate Muster Rolls, Special microfilm Colletions, Roll IAD-5, passim, OHS/AD]


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"[Collins'] exploration of the newspaper world, at the very moment when tabloid values were being born, is revealing but also enormously entertaining….Collins has a clear eye, a good sense of telling detail, and a fine narrative ability." —Wall Street Journal
"Riveting….Collins has mined enough newspaper clippings and other archives to artfully recreate the era, the crime and the newspaper wars it touched off." —New York Times
"[A] richly detailed book that reads like a novel and yet maintains a strict fidelity to facts. THE MURDER OF THE CENTURY isn't a case of history with a moral. It's simply a fantastic, factual yarn, and a reminder that abhorrent violence is nothing new under the sun." —Oregonian
"A wonderful reminder that we have often been just as we are: fools for spectacle, short of memory, cheered by the invigorating shock of the immoral." —Willamette Week
"Paul Collins' account of the headless torso murder that led to an all-out newspaper war and then a dramatic trial has all the timeless elements of a great yarn–a baffling mystery, intriguing suspects, and flawed detectives. It's compelling history that's also great page-turning entertainment." —Howard Blum, author of The Floor of Heaven and American Lightning
"Wonderfully rich in period detail, salacious facts about the case and infectious wonder at the chutzpah and inventiveness displayed by Pulitzer's and Hearst's minions. Both a gripping true-crime narrative and an astonishing portrait of fin de siecle yellow journalism." —Kirkus Reviews
"A dismembered corpse and rival newspapers squabbling for headlines fuel Collins's intriguing look at the birth of "yellow journalism" in late–19th-century New York. an in-depth account of the exponential growth of lurid news and the public's (continuing) insatiable appetite for it." —Publishers Weekly


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(Reuters) - In a move that ratchets up tensions in labor negotiations, Boeing Co (BA.N) on Thursday asked for federal mediators to help unstick talks with the union that represents its 23,000 engineers, saying the sides were far apart on pay and benefits.
"We hope the expertise of the Federal Mediation and Conciliation Service can help move the two sides toward a resolution," Boeing said in a statement.
The move halted discussions around mid-day in Seattle and no further meetings are scheduled, the two sides said.
The breakdown in talks comes as Boeing is speeding up production from 52 jets a month, worth about $8 billion at list prices, to about 60 a month by the end of next year. The company cannot deliver jets without engineer sign-off.
The last time the union struck, in 2000, the company delivered 50 fewer jets that year, said analyst Scott Hamilton, of Leeham Co in Seattle.
The union has balked at a Boeing contract that the union says would cut the growth rate of salaries of professional and technical workers. Taken with cuts in other benefits and inflation, it could cut employees take-home pay, the union says.
Boeing says its latest offer is much improved over its opening proposal, and reflects a tough competitive environment.
Spokesman Doug Alder said company negotiators made the proposal at the end of what he described as a "frustrating" and "contentious" two-hour negotiating session with the union on Thursday. It was the third of three meetings scheduled this week.
He said Boeing was surprised when the union came back with an even more demanding counter-offer - seeking 6 percent pay increases, up from 5 percent in the current contract - despite the fact that the company had come in with an improved offer.
Boeing's new offer of four-year contracts would give professional engineers, one of two bargaining units, annual pay raises of 4.5 percent in the first and third years, and 4 percent in each of the other two years. That's up from 3.5 percent per year in the company's previous offer.
"Both sides are going to need to move," Alder told Reuters. "For them to go above the current offer, just shows you how far apart we are."
Alder said Thursday's meeting included "contentious discussions about salaries," prompting Boeing negotiators to call for a mediator.
Ray Goforth, SPEEA executive director, said in an email to Reuters that the union was dismayed that Boeing left talks on Thursday without committing to further negotiation dates. He added that SPEEA has been in contact with federal mediators.
"SPEEA is willing to consider any option to avoid a work stoppage," Goforth said.
The two sides differed on how the meeting broke up.
Alder said Thursday's meeting "ended normally, just as every other negotiating session has. The assertion that we walked out - I don't know where they get that. It ended with them saying they would have to get back to us on mediation."
Bill Dugovich, a SPEEA spokesman, said, "It did not end normally. We were asking questions and Boeing stood up and walked out. This was a surprise to us. We were fully engaged in negotiations. Our team is still in the building now going through issues."
Since the contract expired Sunday, the union has been technically able to strike. But it must first ask members to vote to authorize a strike.
"Right now, we're still a ways away from any kind of labor action like that," Dugovich said. " That wouldn't happen before the holidays."
In an update on its website on Thursday, SPEEA said Boeing negotiators restated a belief that union members were overpaid and added that union proposals were looking to align pay "to the value we bring to Boeing."
Before the meeting in Seattle, Dennis Muilenburg, president and chief executive of Boeing Defense Space & Security, told Wall Street investors that the two sides were engaged in productive discussions and he expected them to reach agreement eventually.
Muilenburg told an investor conference hosted by Credit Suisse that he had "a great deal of respect" for the engineering team in Seattle that is represented by the union, noting that he had begun his career as an engineer there.
Alder said the talks were at a critical juncture, and Boeing wanted to bring a mediator in as soon as possible.
"We feel it's important to get a mediator in sooner rather than later before one side gets locked into a particular position," he said, noting that Boeing had used mediators in the past and found them to be productive.
Reporting by Karen Jacobs in Atlanta and Andrea Shalal-Esa and Alwyn Scott in New York; Editing by Bernard Orr


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Check out the latest RPG news | Podcasts | Twitch Streams
Is the new graphics engine much more demanding? I was barely cutting it before, though it still played quite smoothly.FFXIV was one lick short of an orgasm, in my opinion. Blue balls all the way back down, though.
i have a question about the combat in FFXIV... ive had friends tell me that combat in FFXI in its early days was far more entertaining than FFXIV's. and when i say early days im talking about the times when people actually did skillchains and mb's.


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Want to enjoy fresh, convenient food and get a discount at the same time? You've got it! University Dining has two flexible dining plans for off campus students that make eating on campus easy and enjoyable. Read below to learn about the BlockPlan and Flexline account options.
BlockPlan meals are purchased in blocks of 100, 50, or 25 meals which can be used at any breakfast, brunch, lunch or dinner at Commons Cafeteria or North Point Cafeteria. On the go? Fireside Café, Blue Devil Market, and Jarvis Express retail locations also offer daily BlockPlan specials.
|Number of Meals
|Meals Per Week in a Semester
|Purchase Price
|Cost Per Meal
|100 Meals
|7 Meals
|50 Meals
|3 Meals
|25 Meals
|2 Meals
BlockPlan Frequently Asked Questions
BlockPlan meals can be used to pay for others as long as the owner of the BlockPlan is present with their Stout BlueCard for payment. You can use any number of meals in a day.
BlockPlan meals will carry forward from Fall semester to Spring semester. BlockPlan meals are forfeited at the completion of the Spring semester, so use them up! Our BlockPlan Choices chart above can help you determine the plan right for you.
Your BlockPlan will go farthest in Commons Cafeteria and North Point Cafeteria where each BlockPlan meal will purchase you one entrée, unlimited sides, salads, desserts, soup and beverages. The Fireside Café, Blue Devil Market, and Jarvis Express also offer daily BlockPlan meal specials.
Flexline Accounts are predeposited funds allowing off campus students to purchase food, services or school supplies using their Stout BlueCard.
Flexline Frequently Asked Questions
At the time your photo was taken for your Stout BlueCard, a Flexline debit account with a zero balance was created. To activate your Flexline account make a deposit of $10 or more. Deposits may be made by cash, check, debit/credit card (Mastercard, Visa, American Express and Discover) or applied to your University Student Fee Account. Flexline Account funds carry forward continually. Accounts with no activity over a 12-month period will be closed.
No. These funds are intended to be used on-campus and are not available for withdrawal while a student is actively enrolled or a faculty/staff member is employed.
If a student is no longer enrolled, or faculty/staff member is no longer employed at UW-Stout, cardholders can no longer deposit into the account, only expend the remaining funds. All funds remain active in the card holder's account until there has been no activity for a 6-month period. After six months, any remaining funds are subject to a monthly service fee. Cardholders may also request to close the account. Status with the university will be confirmed prior to processing the account closure request and issuing a refund. Refund requests must be made by completing the Account Closure Form online or submitting a completed Account Closure Form to the Campus Card Office. Any remaining fee, will be processed according to the card holder's current preference selection.


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Here we go again! I've been buying a lot of CDs & DVDs so here's what's new……
Hammerfall – No Sacrifice, No Victory (2009) – $15: I've been a Hammerfall fan since GLORY TO THE BRAVE was released in 1997 so everytime they release a new album I have to have it right away. NO SACRIFICE, NO VICTORY has been out for a couple of weeks in Europe and Japan and I was holding out for a U.S. release but I couldn't wait and I used BUY IT NOW to grab the European version. I bought this late last week and the U.S. release ended up being this past Tuesday…..the local shop had it on sale for $9.99…..figures!
Great White – Rising (2009) – $17: Great White's last album, BACK TO THE RHYTHM, was one of my Top Albums of 2007 and it was an awesome comeback. This is another album that came out everywhere else a week or two ago except for the U.S. (the U.S. release is sometime in April). RISING was at the top of my want list so I searched all over the Net for a decent price and NEH had the best one. I always like ordering from NEH because they are based in the U.S. and always have a solid selection and great shipping rates.
Jeff Scott Soto – Beautiful Mess (2009) – $17: Had to have the new Jeff Scott Soto album as well and I had to wait a couple months. JSS went with an initial release campaign for a digital download of the complete album. I just can't bring myself to download anything so I decided to wait until the actual CD was released. It took a couple of months but JSS released the album on CD and then it took me a couple of weeks to get around to ordering it. I've always been a JSS fan since his days with Yngwie Malmsteen but his solo works are more melodic and soulful rather than Metal. After seeing him successfully front Journey a couple of summers ago, I will always support anything he releases.
Tall Stories – Skyscraper (2009) – $17: Continuing the theme of former Journey frontmen releasing new albums, Steve Augeri got the unreleased Tall Stories album, SKYSCRAPER, out and in the hands of fans. SKYSCRAPER was worked on from 1993 to 1995 but the band dissolved and Augeri went on to Tyketto and then Journey. I had the first Tall Stories album when it came out back in 1991 and it's solid Melodic ock and I expect that this new record is more of the same.
Badmouth – s/t (2008) – $10: I've had this album on my radar since it came out in September but I've never been able to find a decent price. I was going to order it from NEH Records with the rest of my order but the price was $18.99! I checked Ebay but there was nothing available so I moved over to Badmouth's website and I saw that it was $10 buying direct from the band! Clicked the link…..went to CD Baby and it's all done.
Dirty Penny – Take It Sleezy (2007) – $12: Now I just couldn't order one CD from CD Baby so I went through my account's wish list and one of the last CDs I put on there was Dirty Penny's first disc. I never got around to picking this up a couple of years ago and I have read some great reviews online so this one was a no brainer. What made it even sweeter was that the price was the best I've seen. I've read that Dirty Penny is like a cross between Dokken and early Motley Crue, I love both those bands so I hope that's true.
Ravage – Freedom Fighter (2008) – $7: I've been checking out a lot of local bands and Ravage is from my backyard (Massachusetts). I've been compiling a list of local New England bands and Ravage was on the list but I forgot all about them until I received an email from Metal Blade that they signed Ravage for their new record. A quick check and $7 later and this 6 song E.P. was on the order.
Not everything can be an online purchase because I'm a record store guy and I still like to go through all the racks. I went down to my local Newbury Comics to pick up a few new releases from last week and this week but I didn't get to the store until Noon…..usually I'm there right when the doors open because there is only a limited amount of certain new releases…..
Newbury Comics
Wolf – Ravenous (2009) – $12: This was first on the list because I knew there would only be 1 or 2 copies in the store. Nothing in the new release rack, nothing under "Wolf" so it was off to the front counter. Good news was that the Metal guy was working and he had the second (and last) copy of the CD behind the counter. Turns out they sold the first one as soon as they opened and they hadn't had a chance to get the other copy on the front rack. From what the Metal guy told me, it's an excellent album, he bought his own copy…..so they really had three!
Mastodon – Crack The Skye (2009) – $10: CRACK THE SKYE has got to be one of the most anticipated Metal albums of the year especially after Mastodon's previous album from 2006 BLOOD MOUNTAIN. That record was a grower for me but I started to come around and check out the rest of Mastodon's albums and I'm really high on the band. I started receiving press releases on CRACK THE SKYE two months ago so I knew that there was a limited edition package with a bonus DVD but I went with the regular CD. I have to really love a band to spend an extra $5 for a a special edition with a DVD that's just about making the record.
Motley Crue – Crue Fest 1 DVD (2009) – $19: I wasn't going to pick this DVD up because I knew there would be plenty of copies around but because the store didn't have Saga – Live In Munich (2 CD/2 DVD) limited edition I decided to pick this one up as a consolation prize. I didn't go to Crue Fest 1 last summer because I thought the lineup sucked aside from Motley Crue and Buckcherry and I really didn't want a DVD with performances by Trapt, Sixx AM, and especially Papa Roach. the good news is that there is a full Crue perofrmance, a documentary about the tour, 6 Crue videos, and only a few tunes from the other four bands. I can live with that! I also just saw Motley Crue a couple weeks ago so I figured the performance had to be a good one on the DVD.
The quest continues because I was shut out of two items on my hunt: Rob Halford – Resurrection re-release and Saga – Live In Munich (2 CD/2 DVD) limited edition. The Halford reissue has four new tunes on it and was advertised a week ago for $13 but they were sold out. The Saga limited edition set is the last performance of the band with original singer Michael Sadler and was advertised this week for $25 while both the double CD and double DVD versions were both priced at $17 separately. If I'm going to buy the set then I might as well get both formats in one package for the lower price. I'll be getting that one this weekend…..if they have it in stock!


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This is good news. A small step forward. But it is a step forward. It brings the FairTax to a place in the legislative process that it has never been before. Many thanks sponsors Chambliss and Woodall and to the thousands of FairTax advocates throughout the country. Our work is finally beginning to pay off. Emphasis on beginning.
For Immediate Release:
Chambliss, Woodall Call for FairTax Consideration
Send letter to Joint Committee on Taxation
WASHINGTON- Today, U.S. Sen. Saxby Chambliss, R-Ga., and U.S. Rep. Rob Woodall, R-Ga-7, asked the Joint Committee on Taxation to produce a revenue estimate of H.R. 25 and S. 13, the FairTax bill. This estimate will allow the FairTax to be considered during congressional negotiations for tax reform.
Chambliss and Woodall have long urged Congress to support the FairTax legislation, which would implement a simpler, less-cumbersome tax code. Chambliss and Woodall have sponsored legislation in both the House and the Senate.
"The current tax code has become too burdensome and complex, and is filled with provisions that benefit only a few Americans at the expense of everyone else. That's simply not right," said Chambliss. "Now is the time to enact the FairTax, which would create a fairer, simpler tax code that allows every American the freedom to determine his or her own priorities and opportunities."
"No matter what they do, honest, hardworking Americans are punished under our current tax code. Pass the FairTax, and we can unshackle America's job creators and jump start this economy. Pass the FairTax, and we can reward all Americans who contribute to our economy—not just those who can afford the best tax lawyers and accountants," Woodall said. "We, as a nation, can do better than relying on a tax code that picks winners and losers. Let's level the playing field with the FairTax and restore more freedom to our economy, not more government."
The FairTax would shift the federal government's method of revenue collection from income to personal consumption. It would repeal all federal personal income taxes, corporate income taxes, payroll taxes, self-employment taxes, capital gains taxes and gift and estate taxes, and would replace those with a revenue-neutral, personal consumption tax on all retail sales of new goods and services.
Text of the letter is below:
Mr. Thomas A. Barthold
Chief of Staff
Joint Committee on Taxation
1625 Longworth House Office Building
Washington D.C. 20515
Dear Mr. Barthold:
Americans have long been calling for fundamental tax reform and it appears that Congress is finally poised to address the issue in a comprehensive fashion. Many competing visions for tax reform have been offered and there is no shortage of ideas worthy of debate. In close consultation with tax policy experts and leading economists, we have developed one such proposal. Therefore, we request that the Joint Committee on Taxation (JCT) produce a revenue estimate of the FairTax (H.R. 25/S. 13) for consideration by the House Committee on Ways and Means.
Saxby Chambliss and Rob Woodall


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Before hitting the tasting rooms, join us in our downtown Napa HQ for a fun, interactive 2-hour class (more like a serious warm-up for the real deal tasting) that will boost your confidence and wine knowledge by tasting Napa Valley wines while going over the basics of how wine is made. You'll also get to take part in an aroma challenge aimed at helping you learn how to identify key Napa grape varieties (Cabernet Sauvignon, Merlot, Pinot Noir, Chardonnay and Sauvignon Blanc) without being told what's in your glass. We'll also dig into the basics of food and wine pairings.
Read more at: https://napavalleywineacademy.com/course/napa-valley-wine-101-know-before-you-go/2015-08-18/
Discover great local wine-related events on Just Wine