Captain Pate who, in command of a small troop, was in pursuit of Brown and his company, was surprised at Black Jack in the early morning and induced to surrender.

Brown thus gained control of a number of horses and other supplies and began to arrange terms for the exchange of his son and Captain Pate as prisoners of war.

The negotiations were interrupted, however, by the arrival of Colonel Sumner with United States troops, who restored the horses and other booty and disbanded all the troops.

With the Colonel was a deputy marshal with warrants for the arrest of the Browns.

When ordered to proceed with his duty, however, the marshal was so overawed that, even though a federal officer was present, he merely remarked, "I do not recognize any one for whom I have warrants." After the capture of Captain Pate at Black Jack early in June, little is known about Brown and his troops for two months.