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Melendrez then begged the commander of the United States troops to order Walker to surrender. Major McKinstry, who was in command of the United States Army Post at San Diego, refused. For him to cross the line would be a violation of neutral territory.
As he charged, Walker, apparently routed, fled, but concealed in the rocks behind him he had stationed a rear-guard of a dozen men. As Melendrez rode into this ambush the dozen riflemen emptied as many saddles, and the Mexicans and Indians stampeded.
When within three miles of the boundary line, at San Diego, Colonel Melendrez, who commanded the Mexican forces, sent in a flag of truce, and offered, if they would surrender, a safe-conduct to all of the survivors of the expedition except the chief. But the men who for one year had fought and starved for Walker, would not, within three miles of home, abandon him.
Hidden behind rocks and cactus, across the hot, glaring plain, the filibusters could see the American flag, and the gay, fluttering guidons of the cavalry. The sight gave them heart for one last desperate spurt. Melendrez also appreciated that for the final attack the moment had come.
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