Up to now McGee had been in charge of the filibusterers and Gutierrez was the commander in name only. There was friction between McGee and Gutierrez, and at the same time Toledo was vying for the position of commanding them. Samuel Davenport, the unfaithful Indian Agent of Salcedo, who had joined the filibusterers, suddenly decided he had some important, unfinished business and departed for Nacogdoches. A day or so later Rubin Ross left to contact Indians encamped on the Sabine River with the intention of joining the filibusterers. McGee died at La Bahia under mysterious circumstances. Gutierrez claimed that McGee took poison to keep from being shot. Davenport stated that McGee was sick when he left for Nacogdoches, and Rubin Ross declared McGee was in good health two days prior to his leaving Davenport, and that at no time was he aware that McGee was sick. When Ross contacted the Caddo Indians on the Sabine River Chief Tohois refused to fight under any flag other than that of the United States. Groups of the Alabamas, Choctaws, Conchattas and Attapaws on learning of the refusal of Tohois also refused to assist in the cause. However, nearly a hundred of the warriors did join with Rubin Ross. The second attack of the Royalists was also a disappointment to Salcedo and the Spanish forces retired to San Antonio. On March 19, Ross returned with nearly two hundred Indian, Spanish and American volunteers and the march on San Antonio began. They met no opposition until they reached Rosillo, about eight miles from San Antonio; there, Samuel Kemper and Rubin Ross led a vicious charge and the main force of the rebel drive carried well into San Antonio. The Spanish were defeated and surrendered unconditionally. Atrocities followed under the orders of Gutierrez who had declared himself President of the New Republic of Texas. Several of the Spanish officers were killed, their clothing stripped from their bodies and left exposed to the elements. The Americans were enraged by this action. After going to the scene of the atrocity and burying the dead, many followed the example of Warren D. C. Hall, deserted the filibusterers and left for their respective habitats. A Junta was called after the arrival of Henry A. Bullard and James B. Wilkinson; Major James Perry and Captains Kemper and Ross threatened to leave with the Americans unless Gutierrez was ousted and Toledo named leader of the New Republic.[11] The battle on the Madina River was the downfall of the filibusterers. The Spanish gathered their forces under the command of Colonels Joquine de Arrendondo y Miono and Ignacio Elizondo.[**or Elinzondo, see below] After the battle the victors were lenient with the many Americans they had captured. Colonel Elinzondo issued a horse and rifle to each along with a passport for safe conduct back to the Sabine River. The Indians were included with the group freed, but with instructions to return to their tribes and never take up arms against the Spanish again.