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The Sand Creek Massacre
Report of the Secretary of War
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39TH CONGRESS, }     SENATE  { EX. DOC.
2d Session.             }                      { No. 26.


REPORT OF THE SECRETARY OF WAR,

COMMUNICATING,  

In compliance with a resolution of the Senate of February 4, 1867, a copy of the evidence taken at Denver and Fort Lyon, Colorado
Territory, by a military commission, ordered to inquire into the Sand Creek massacre, November, 1864.


FEBRUARY 14, 1867.--Read, referred to the Committee on Indian Affairs, and ordered to be printed.


WAR DEPARTMENT,
Washington City, February 12, 1867.

SIR: I have the honor to transmit herewith a communication from the Adjutant General, of this date, covering a report of the Sand
Creek massacre in November, 1864, called for by a resolution of the Senate dated February 4, 1867.

Very respectfully, sir, your obedient servant,
EDWIN M. STANTON,
Secretary of War.

Hon. L. F. S. FOSTER,
President of the Senate.


WAR DEPARTMENT, ADJUTANT GENERAL'S OFFICE,
Washington, February 12, 1866.

SIR: In compliance with your instructions of the 4th instant, I have the honor to submit herewith a copy of the "evidence taken at
Denver and Fort Lyon, Colorado Territory, by a military commission, of which Colonel S. F. Tappan, veteran battalion first Colorado
cavalry, was president, ordered to inquire into and report all the facts connected with the so-called Sand Creek massacre in
November, 1864," called for by Senate resolution of the 4th of February, 1867.
I have the honor to be, sir, very respectfully, your obedient servant,
E. D. TOWNSEND,
Assistant Adjutant General.

Hon. E. M. STANTON,
Secretary of War.


PAGE 2

PROCEEDINGS OF A MILITARY COMMISSION CONVENED BY SPECIAL ORDERS No. 23, HEADQUARTERS DISTRICT OF
COLORADO, DENVER, COLORADO TERRITORY, DATED FEBRUARY 1, 1865, IN THE CASE OF COLONEL J. M. CHIVINGTON,
FIRST COLORADO CAVALRY.

DENVER, COLORADO TERRITORY,
May 30, 1865.

Proceedings of a military commission convened by Special Orders No. 23, current series, headquarters district of Colorado, date
February 1, 1865.

SAM. F. TAPPAN,
Lieut. Colonel Veteran Battalion, First Colorado Cavalry.

GEO. H. STILWELL,
Capt. Vet. Batt. First Col. Cav., Recorder of Military Commission.


[Special Order No. 23--Extract.]

HEADQUARTERS DISTRICT OF COLORADO,
Denver, Colorado Territory, February l, 1865.


II. In obedience to instructions from the major general commanding department, a military commission is hereby convened, to meet
in Denver City, Colorado Territory, on the 9th instant, to investigate the conduct of the late Colonel J. M. Chivington, first regiment
Colorado cavalry, in his recent campaign against the Indians, in the months of October, November, and December, 1864. This
includes the amount and disposition made of all property captured from the Indians, or otherwise, obtained during the campaign.

Detail for the commission.
1. Lieutenant Colonel Sam. F. Tappan, veteran battalion first Colorado cavalry.
2. Captain Ed. A. Jacobs, veteran battalion first Colorado cavalry.
3. Captain Geo. H. Stilwell, veteran battalion first Colorado cavalry.

III. In view of the press of business and the necessities of the case, the commission will sit without regard to hours. The junior
member will record the proceedings.

By order of Colonel T. Moonlight, eleventh regiment Kansas cavalry :
IRA I. TABER,
First Lieutenant and Acting Assistant Adjutant General.



DENVER, COLORADO TERRITORY,
February 9, 1865--2 p. m.

Commission met pursuant to foregoing order.
Present: Lieutenant Colonel S. F. Tappan, veteran battalion first Colorado cavalry; Captain E. A. Jacobs, veteran battalion first
cavalry; Captain Geo. H. Stilwell, veteran battalion first Colorado cavalry, recorder.
Order convening commission read in the presence of J. M. Chivington, late colonel first Colorado cavalry.
Question raised by members as to the construction to be put upon the order convening this commission, which was determined to
decide before organization.
The commission was cleared for discussion, pending which, adjourned until 10 o'clock a. m. to-morrow, February 10, 1865.


PAGE 3


SECOND DAY.

FEBRUARY 10, 1865--10 o'clock a. m.
Commission met pursuant to adjournment.
Present: Lieutenant Colonel S. F. Tappan, veteran battalion first Colorado cavalry; Captain E. A. Jacobs, veteran battalion first
Colorado cavalry; Captain George H. Stilwell, veteran battalion first Colorado cavalry, recorder.
The question under discussion at adjournment was resumed, pending which, adjourned until 2 o'clock p. m. this day.

Two o'clock p. m.--Commission met pursuant to adjournment.
Present, all members and recorder.
The question under discussion at adjournment was resumed, pending which, adjourned until 10 o'clock a. m. to-morrow, February
11, 1865.


THIRD DAY.

FEBRUARY 11, 1865--10 o'clock a. m.
Commission met pursuant to adjournment. Present, all members and recorder.
The question under discussion at adjournment yesterday was resumed, pending which, adjourned until 2 o'clock p. m. this day.

Two p. m.--Commission met pursuant to adjournment. Present, all members and recorder.
Adjourned until 10 o'clock a. m. Monday, February 13, 1865.


FOURTH DAY.
FEBRUARY 13, 1865--10 a. m.
Commission met pursuant to adjournment. Present, all members and recorder.
Adjourned until 2 p. m. this day.

Two p. m.--Commission met pursuant to adjournment. Present, all members and recorder.
Additional orders or instructions, from Colonel T. Moonlight, commanding district Colorado, marked A, and appended to these
proceedings.


A.

HEADQUARTERS DISTRICT OF COLORADO,
Denver, Colorado Territory, February 12, 1865.

SIR: The commission, of which you are president, convened by Special Orders No. 23, current series, from these headquarters, in
obedience to instructions from department headquarters, is convened for the purpose of investigating all matters connected with
the action between Colonel Chivington and the Indians, known as the Sand Creek fight, to ascertain, as far as possible, who are the
aggressors, whether the campaign was conducted by Colonel Chivington according to the recognized rules of civilized warfare, and
whether based upon the law of equity from the commencement of Indian hostilities to the present time.
It is also important to understand whether the Indians were under the protection of the government, and by what authority, or through
what influence, they were induced to place themselves under that protection; whether Colonel Chivington was knowing to this fact;
and whether, or not, the campaign was forced upon the Indians by the whites, knowing their helpless condition; and whether the
Indians were in a state of open hostility and prepared to resist any and all of the United States troops.
Whether any prisoners were taken by Colonel Chivington's command, and the disposition made by the same.

PAGE 4

If the proper steps were taken by the Colonel to prevent unnatural outrages by his command, and punish the transgressors, if such
there were.
A special point in your investigation should be as to the amount, kind, and quality of property captured by Colonel Chivington and
command; the disposition made of that property, and the steps taken by the colonel to protect the government and insure justice to
all parties, and whether he gave this matter any special attention. Also, regarding the treatment of government property, such as
horses and mules in the service, during the campaign, and until relieved from duty.
This commission is not intended for the trial of any person, but simply to investigate and accumulate facts called for by the
government, to fix the responsibility, if any, and to insure justice to all parties. Colonel Chivington, under these circumstances, has
not the right of challenge, and I have been careful to appoint a commission composed of officers not engaged in the operations they
are called upon to investigate.
The commission will be sworn in presence of Colonel Chivington, under the 93d article of war, and he will be permitted to have
such legal assistance as the commission may deem proper in the premises.
The sessions may be public or private, as the members deem prudent and right.
The commission has power to call for witnesses, and compel attendance. These instructions will be appended to the proceedings,
and the whole forwarded through these headquarters.
I have been thus explicit, that the commission may have full sweep, and act without embarrassment.

Respectfully, your obedient servant,
T. MOONLIGHT,
Colonel Eleventh Kansas Cavalry, Commanding.

Lieutenant Colonel S. F. TAPPAN,
President of Military Commission.

Read in the presence of J. M. Chivington, late colonel first Colorado cavalry, who made application for a copy of said instructions,
which was given him.
The following request was also made by J. M. Chivington, late colonel first Colorado cavalry:
"I would most respectfully request the commission to delay their organization until I can prepare objections to their organization of
the court as a commission, and to object to one of the members, on the grounds of prejudice open and avowed, as I have only this
minute heard what the instructions of the colonel commanding were, and what the court intended to investigate."
The rooms were cleared for discussion.
Rooms again opened.
J. M. Chivington; late colonel first Colorado cavalry, called in.
The request was not complied with.
The Commission proceeded to organize.
The members and recorder were duly sworn in presence of J. M. Chivington, late colonel first Colorado cavalry.
Asked permission to be granted until to-morrow morning, 10 o'clock, to file certain papers containing his objections to the
organizing of the commission, which was granted.
The following request was also made by J. M. Chivington, late colonel first Colorado cavalry, viz:
"I would most respectfully request that the proceedings of this commission be public, and the daily or other papers be allowed, if
they desire, to have reporters present;" which was decided to answer to-morrow.
The commission adjourned until 10 a. m. to-morrow, February 14, 1865.

PAGE 5

FIFTH DAY.
FEBRUARY 14, 1865, 10 a. m.

Commission met pursuant to adjournment. Present, all members and recorder.
Foregoing proceedings read in presence of J. M. Chivington, late colonel first Colorado cavalry.
Documents marked in red letters, B, C, D, and E; and appended to these proceedings, presented to the commission by J. M.
Chivington, late colonel first Colorado cavalry.


B.

To the president and members of the military commission, convened as per Special Orders No. 23, Headquarters District of
Colorado, February 1, 1865:

GENTLEMEN: I would most respectfully object to Lieutenant Colonel S. F. Tappan, first veteran battalion Colorado cavalry, being a
member of the commission, for the following reasons, to wit:
1st. That the said Lieutenant Colonel S. F. Tappan is, and for a long time past has been, my open and avowed enemy.
2d. That the said Lieutenant Colonel S. F. Tappan has repeatedly expressed himself very much prejudiced against the killing of the
Indians near Fort Lyon, Colorado Territory, commonly known as the battle of "Sand Creek," and has said that it was a disgrace to
every officer connected with it, and that he (Tappan) would make it appear so in the end.
3d. That I believe, from a full knowledge of his character, that he cannot divest himself of his prejudices sufficiently to render an
impartial verdict, and is, therefore, not such a judge as the law contemplates when it directs that all men shall be tried by an
impartial tribunal. To sustain the above, you will please notice accompanying affidavits, marked A and B.

J. M. CHIVINGTON,
Late Colonel First Cavalry of Colorado.


C.

John M. Chivington, being first duly sworn, deposes and says, that he is well acquainted with Lieutenant Colonel S. F. Tappan, first
cavalry Colorado; that said Lieutenant Colonel Tappan should not be permitted to remain as a member of the military commission
convened for the investigation of the "Sand Creek affair," or, properly, of the battle between the troops under Colonel John M.
Chivington and the Cheyenne Indians, fought November 29, 1864, about forty miles north of Fort Lyon, on the south branch of the
Big Sandy, for the following reasons, to wit:
That the said Tappan is, and for a long time past has been, an avowed enemy of the said John M. Chivington; that the said Tappan
has repeatedly stated that the "Sand Creek affair" was a disgrace to every officer connected with it; and upon one occasion said
Lieutenant Colonel Tappan stated that he would make it appear so in the end.

J. M. CHIVINGTON,
Subscribed and sworn to before me, as witness my hand and notarial seal, on this 9th day of February, A. D. 1865.

JOHN Q. CHARLES,
[SEAL.] Notary Public.

PAGE 6

D.

Joseph S. Maynard, being first duly sworn, deposes and says, that he is well acquainted with Lieutenant Colonel S. F. Tappan, first
cavalry, Colorado; that he has heard said Tappan say that the battle of "Sand Creek," or, more properly, the battle fought between the
troops under Colonel John M. Chivington, first cavalry Colorado, and the Cheyenne Indians, fought November 29, 1864, about forty
miles north of Fort Lyon, Colorado Territory, was one of the greatest blunders ever committed, and one that would cost thousands of
lives, and the government a great deal of treasure. Further the deponent saith not.

J. S. MAYNARD.
Sworn and subscribed to before me this 9th day of February, 1865, as witness my hand and notarial seal.

[SEAL.]                                             
JOHN Q. CHARLES,
Notary Public.


E.

To the president and members of the military commission convened pursuant to Special Orders No. 23, Headquarters District of
Colorado, dated February 1, 1865, Denver, Colorado Territory:

John M. Chivington, late colonel first cavalry, Colorado, most respectfully objects that this commission has not power and authority
to inquire concerning his official acts as specified in the order concerning this commission, for the following reasons:
1st. That the subject-matter which this commission is directed to investigate should be submitted to a court of inquiry, and not to a
military commission.
2d. That this court, although denominated a military commission, has been organized as a court of inquiry, using the forms
prescribed for the organization of such courts.
3d. That the instructions accompanying the order convening this commission clearly show that the duties of a court of inquiry are
imposed upon this commission.
4th. That the Colonel commanding this district has no authority to convene a court of inquiry, or any tribunal which shall perform the
duties of a court of inquiry, except by order of the President, or request of the officer accused.
5th. That there are no charges or specifications filed with the commission, and that the order and instructions are couched in such
general language that they do not apprise him of the nature of the accusations against him.
6th. According to the provisions of General Orders No. ---, dated Washington, D.C., 1864, the colonel commanding the district of
Colorado, the number of troops in the district and under his command, are not sufficient to authorize the said colonel commanding
to convene a military commission.

J. M. CHIVINGTON,
Late Colonel First Cavalry of Colorado.

Read to commission. The commission was then cleared for discussion. Adjourned until 2 p. m. this day.

Two p. m.--Commission met pursuant to adjournment. Present, all members and recorder.
The following reply to J. M. Chivington's request was made by the commission, and read in his presence:
In reply to the request of Colonel J. M. Chivington, late colonel first Colorado cavalry, that the sessions of this commission be
opened to the public, and a reporter

PAGE 7

be allowed to report and publish the proceedings in the daily papers, the commission not being able to determine who may be
required as witnesses during this investigation, and believing that the exigencies of the public service do not demand, and that no
one can be benefited by such publicity, decides that until further orders the sessions of the commission shall be private; this order
not to be construed in such a manner as to prevent the attendance of Colonel Chivington and his attorneys. Commission was
cleared for further discussion. J. M. Chivington, late colonel first Colorado cavalry, was then called in and the following decision read
in his presence:
In reply to the objections of Colonel Chivington, late colonel first Colorado cavalry, as to the jurisdiction of this commission, the
commission is of opinion that it is competent for the commander of the district, or department, to order an officer, or officers, to take
depositions, or collect evidence upon any matter of public interest that may have taken place in his district, or department, and to
give said officer; or officers, instructions as to what facts he or they are to elicit, to indicate the form of an oath such officer or officers
may take, and designate such officer or officers as a commission, or military commission; the instructions giving the proper
interpretation of the term binding upon the commission, and to declare that no person or persons shall have the privilege of
objecting to the proceedings of such commission as long as its members confine themselves to the order, instructions, and the
common rules for taking evidence. In this case Colonel Chivington is expected to be present during the sessions of the
commission, to introduce evidence and cross-question witnesses, in order that all the facts may be collected, and justice done to
all parties. The order and instructions convening the commission specify our duties. No one is arraigned before us on trial, no
charges alleged and placed in possession of the commission; but the said commission is merely called upon to receive and
methodize information only, and in this case to give no opinion on the same, as we are not required to make a report, save that of
submitting the evidence in accordance with instructions, as the commission is instructed to collect evidence, information, and facts
only. It does not feel authorized to prevent the introduction of evidence bearing upon the subject to be investigated, provided it is
pertinent and not merely accumulative.
Adjourned until 10 a. m. to-morrow, February 15, 1865.


SIXTH DAY.

FEBRUARY 15, 1865.
Commission met pursuant to adjournment. Present, all members and recorder.
Proceedings of yesterday read and approved.
The following communication was read to commission and in presence of J. M. Chivington, late colonel first Colorado cavalry:

I hereby give notice that during the day, or to-morrow, I will file an answer to the statement of Colonel Chivington in reference to
myself, and desire that it be made a part of the record.

SAMUEL F. TAPPAN,
Lieut. Colonel Veteran Battalion, First Colorado Cavalry,
President of Commission.

The following communications were read to commission:

I respectfully request a copy of my objection and the reply thereto, that I may refer the matter to the major general commanding
department of Missouri, for his decision.

J. M. CHIVINGTON,
Late Colonel First Colorado Cavalry.

PAGE 8

To the President and members military commission:

GENTLEMEN: I would most respectfully protest against Lieutenant Colonel S. F. Tappan, veteran battalion first Colorado cavalry,
filing a reply to my objections after the court commences taking evidence, as the court did not allow me time to file objections, and I
think they cannot reasonably claim that which they do not grant.

J. M. CHIVINGTON,
Late Colonel First Colorado Cavalry.

The commission was cleared for discussion. Commission adjourned until 2 p. m. this day.

Two p. m.--Commission met pursuant to adjournment. Present, all members and recorder.
J. M. Chivington, late colonel first Colorado cavalry, called, and the following decision of commission read in his presence:
Request of John M. Chivington, late colonel first Colorado cavalry, for copy of certain papers, not complied with as requested. The
commission has no objections to furnishing a copy of the said papers, if asked for, without reference to the disposition to be made
of them.
In reply to objections of J. M. Chivington, late colonel first Colorado cavalry, to my being a member of this commission, I desire to
state, and have this statement made a part of the record: The colonel misunderstood me to have said that "I would make it appear
so in the end," referring to my statement that the affair at Sand creek was a disgrace to the officers connected with it. I said "it would
appear so," not having any desire or expectation that I should ever be called upon to prosecute the matter, but confident government
would take action on the subject, and the facts elicited would make it appear disgraceful.
The statement of Captain Maynard is substantially correct. A few days after the affair of Sand creek I remarked to Captain Maynard
that from what I could hear, the attack on the Indians at Sand creek was the greatest military blunder of the age, and fatal in its
consequences.     As to my alleged prejudice and alleged personal enmity, even if true, I should not consider them at all influencing
me in performing the duties assigned me in this commission, especially after taking the oath required as a member.

SAMUEL F. TAPPAN,
Lieut. Colonel Veteran Battalion, First Colorado Cavalry,
President Commission.

Captain S. S. SOULE, veteran battalion first Colorado cavalry, called in to give evidence by the commission, having been duly sworn
according to law, in presence of J. M. Chivington, testified as follows:

By the COMMISSION:
Question. Your full name, age, and rank in the army?
Answer. Silas S. Soule; twenty-six years of age; captain company D, veteran battalion first Colorado cavalry, and assistant provost
marshal general, district of Colorado.
Question. How long have you been an officer in the first regiment Colorado volunteers?
Answer. Since December 11, 1861.
Question. Were you on duty at Fort Lyon in August and September?
Answer. I was.
Question. Did you accompany Major Wynkoop's command to an Indian camp on the Smoky Hill about that time?
Answer. I did.

PAGE 9

Question. How large a command had Major Wynkoop, and what was the object of the expedition?
Answer. Between one hundred and twenty and one hundred and thirty men; for rescuing some white captives the Indians had in
their possession.
Question. Did you find the camp? how many Indians were in it, and what was done by Major Wynkoop?
Answer. We did not find the camp; we found where they camped the night before. The Indians were there, I think about five hundred
or six hundred warriors; their women and children were removed. He told them he wanted to talk to them, and their chiefs came into
our camp and held a council. Major Wynkoop asked them to give up the white prisoners in their possession. They said they were
desirous of making peace with the whites. Major Wynkoop told them he had not the power to make peace, but if they would give up
the white prisoners he would take them to Denver before the governor, and pledged himself to protect them to Denver and back;
whether they made peace or not they should be safely returned. Black Kettle, their principal chief, said the white prisoners were
some distance from their camp, and wanted us to move one or two days' march nearer Fort Lyon, and wait there two days (I think)
and he would bring the white prisoners to us. They brought a white woman into our camp the same day, and the second day they
brought in three children. We then went to Fort Lyon with about fifty of their Indians, and from there to Denver with seven Indians and
the captives.
Question. How far was the camp from Fort Lyon?
Answer. About eighty or ninety miles.
Question. What tribes composed the Indian forces?
Answer. Cheyennes and Arapahoes.
Question. Who were those seven Indians that came to Denver with you?
Answer. Black Kettle, Bull Bear, Boisee, White Antelope, Neva, Notane; I do not remember the name of the other.
Question. Were these all chiefs of the tribes that were where you first found the Indians?
Answer. They were.
Question. State what was done after reaching Denver.
Answer. Major Wynkoop asked the governor, Colonel Chivington, and some others to meet in council at Camp Weld, to hear their
propositions for peace. They had a talk with the chiefs. The Indians seemed very anxious to make peace. The governor told them
that he could not make peace with them. They must look to military power for protection. Colonel Chivington told them that he left the
matter with Major Wynkoop; if they wanted peace they must come into the post and subject themselves to military law. There was a
great deal more said, but I don't remember what it was.
Question. What was done after the council in Denver?
Answer. We returned with the chiefs to Fort Lyon. Major Wynkoop told them to bring in the Indians of their tribe who were anxious for
peace to Fort Lyon, and camp near the post, (just below,) and he would immediately send to General Curtis and see if peace could
not be made. He immediately sent Lieutenant Denison to General Curtis. The Indians came in and complied with Wynkoop's
orders, and camped near the post.
Question. Did the Indians, in council, manifest a desire for peace, and a willingness to comply with the conditions of Colonel
Chivington?
Answer. They did.
Question. How many Indians came into the fort, and what tribes were they?
Answer. There were one hundred and six lodges came into the post. Arapahoes and Cheyennes--mostly Arapahoes.
Question. Were all the chiefs with them, those who had been to Denver?     Answer. Black Kettle, their principal chief, and Bull Bear
went out to their

PAGE 10

tribes to bring in more Cheyennes, and brought in a number of Cheyenne families. I have forgotten how many, probably three
hundred Indians. I think they all remained at the post with the exception of three--Black Kettle, Bull Bear, and some other one I don't
know; I think there were three chiefs went out.
Question. Were they all there after Bull Bear and Black Kettle returned?
Answer. They were all there, I think, with the exception of Bull Bear.
Question. State how long the Indians remained at Fort Lyon, and what was done concerning them.
Answer. I should think that they remained at the post about two weeks, until Major Anthony came from Denver and relieved Major
Wynkoop from command at Fort Lyon. Major Anthony told the Indians that they must give up their arms, and horses and mules
which belonged to the government or to the whites. This he told to Little Raven, (Arapahoe chief,) then in command of the village
near the post. Little Raven gave up three rifles, one pistol, and I think about sixty bows and quivers; nine horses and mules.
Question. Was the same demand made upon Black Kettle?
Answer. No; it was not made to my knowledge.
Question. Was the demand on Little Raven repeated by Major Anthony?
Answer. No, it was not.
Question. What was the understanding with the Indians while in and about Fort Lyon?
Answer. That they were to be protected by the troops there until the messenger returned from General Curtis.
Question. Did a messenger arrive at the fort from General Curtis prior to the first of December, 1864?
Answer. There was not.
Question. Were you at Fort Lyon on or about the 27th of November? If so, what happened there on that day?
Answer. I was there on the 27th of November, at Fort Lyon. About that time Major Wynkoop left Fort Lyon. On the evening of the 27th,
Lieutenant Minton and myself discovered some horsemen about fifteen miles above Fort Lyon; supposed them to be Indians. We
returned to the fort and reported to Major Anthony. Major Anthony ordered me to take twenty men and go after them, supposing them
to be hostile Indians. I proceeded up the Arkansas, and about sunrise I met a mule team; inquired if there were Indians ahead, and
the driver told me that Colonel Chivington had ten or twelve companies of *"one hundred-daysers." On, about two miles further, I
went, and met Colonel Chivington and about, I suppose, one thousand men (soldiers.) Colonel Chivington asked me if they knew
he was coming at Fort Lyon. I told him they did not, and that I had learned from the person with the mule team, two miles below, that
he was coming. Colonel Chivington then rode ahead of the command to Fort Lyon. I remained and came in with the third regiment,
or a little ahead of them.
Question. Did Colonel Chivington ask you if the Arapahoes and Cheyennes were still in Fort Lyon?
Answer. I think Colonel Chivington asked me if there were any Indians at Fort Lyon; it might have been some of his staff who were
with him.
Question. What answer did you make?
Answer. I said that there were some Indians camped near the fort; below the fort, but they were not dangerous; that they were
waiting to hear from General Curtis. They were considered as prisoners; some one made answer that they wouldn't be prisoners
after they got there.
Question. Did the command go on to the fort and camp?
Answer. No; They camped a mile below the fort, below the commissary.
Commission adjourned until 9½ o'clock a. m. to-morrow, February 16, 1865.

* Third regiment, Colorado cavalry, (one hundred-days men.)

PAGE 11

SEVENTH DAY.

FEBRUARY 16, 1865--9½ a. m.
Commission met pursuant to adjournment. Present, all members and recorder.
Proceedings of yesterday read and approved.
Captain Silas S. Soule, veteran battalion first Colorado cavalry, recalled by the commission, and, in presence of J. M. Chivington,
testified as follows:

By COMMISSION:
Question. Did Colonel Chivington say anything to the Indians while in council near Denver? If so, what did he say?
Answer. Said his business was not to talk, but to fight; that he was a man of few words. He said but little; I do not remember all that
was said. He gave them to understand that he was the man, and not Governor Evans, for them to talk to; that he left the matter with
Major Wynkoop; that is about all I recollect of it.
Question. State what was done after the command of Colonel Chivington reached Fort Lyon?
Answer. There was a guard stationed around the post, before the regiment arrived there--before I got in--with orders to allow no
person to pass out. Major Anthony ordered myself and company to join the colonel's command with three days' cooked rations, and
twenty uncooked. I joined Colonel Chivington's command that evening about 8 o'clock, in company with companies G and K, under
Major Anthony. I immediately marched about north, marched all night, arrived at the village of Cheyennes and Arapahoes just before
sunrise. Major Anthony's battalion was ordered by Colonel Chivington to move across below the Indian camp to cut off a herd of
ponies. Lieutenant Wilson, with a battalion of two or three companies, crossed the creek ahead of us, and opened fire on the
village. Major Anthony then moved our battalion to within about one hundred yards of the lodges, and ordered us to open fire; some
firing done, when the battery came up in our rear with the third regiment and prepared for action. Major Anthony ordered my
company, which was directly in line of fire of the battery, to move down into the creek, with orders to move up the creek and for the
purpose of killing Indians which were under the banks. Before I got into the creek there were troops upon both sides firing across. It
was unsafe for me to take my command up the creek. I crossed over to the other side and moved up the creek. The battery and the
first and third regiments kept up firing until all the Indians were killed they could get at; until about 2 o'clock. About 3 o'clock I received
orders from Major Anthony to accompany him with my company to escort a supply train on their way from Fort Lyon. I was not back to
the battle-ground again that day. Met Colonel Chivington's command returning the next day; they went into camp with us, and the
next day we marched to the mouth of Sand creek, about eighteen miles from Fort Lyon; started out that same night, and marched all
night on the Santa Fé road, toward the States; laid over the next day in camp; Colonel Chivington ordered me on a scout with
twenty-odd men; I saw nothing more of his command until two days after, I think; I came across their camp about eighty miles below
Fort Lyon; laid in camp, I believe, one day, and moved back in company with their command to Fort Lyon.
Question. Have you been at Sand creek since; if so, what did you see there, and who went with you?
Answer. I went to Sand creek on the last of December with about thirty men, accompanied by Captain Booth, inspecting officer and
chief of cavalry, district of the upper Arkansas. Saw sixty-nine dead Indians and about one hundred live dogs, and two live ponies
and a few dead ones. I believe that is about all.
Question. How long have you been provost marshal of the district?

PAGE 12

Answer. Since about the 20th of January. I don't remember the exact date.
Question. How many horses, ponies, and mules have you taken for the government from private persons?
Answer. I don't know exactly. The guards have brought in a good many, and were turned in to the quartermaster.
Question. Do you know what became of the horses furnished the third regiment by the government, and the stock captured at Sand
creek by Colonel Chivington's command?
Answer. I do not; except I saw bills of sale of some signed by Captain Johnson, third regiment.
Question. What was the form of those bills of sale, and how signed, and to whom were they given?
Answer. I don't remember the form; I have one at the office, I think, given to a man on West Plum creek.
Question. Do you know of any ponies that were captured at Sand creek being driven north of Denver, fifty or a hundred miles, and left
upon the ranch of Mason & Maynard, by Captain Johnson?
Answer. I have seen a note from Mr. Mason, stating that he, Mason, had sent a herd; that they were on their way to Denver.
Objection by J. M. CHIVINGTON:
I object to the answer on the ground that it is not responsive to the question and irrelevant to the subject-matter of inquiry, and not
evidence that the court should receive, being hearsay.
(Objection sustained.)

By COMMISSION:
Question. Have you any information in your possession as provost marshal that a herd of stock was left on Mr. Mason's ranch by
Captain Johnson, and that it is there now?
Answer. I have information that a herd of stock was left there or sent there by Captain Johnson.
Objection by J. M. CHIVINGTON:
I object to the question and answer because it does not adduce facts, within the knowledge of the witness.
Commission was cleared for discussion. Adjourned until 2 p. m. this day.

Two p. m.--Commission met pursuant to adjournment. Present, all members and recorder.
Decision of commission in relation to the last objection of J. M. Chivington, relative to question by commission and answer by
witness: The objection is sustained.
Captain Silas S. Soule, veteran battalion first Colorado cavalry, recalled by commission, and in presence of J. M. Chivington testified
as follows:

By COMMISSION:
Question. At what time on the 28th of November did Colonel Chivington leave Fort Lyon, how far did he march to reach the Indian
camp on Sand creek, and what was his order of march?
Answer. He left camp about 8 o'clock in the evening, and arrived at the Indian camp between daylight and sunrise; distance about
forty-five miles; marched in column of fours. Major Anthony's battalion I think was on the right. Lieutenant Wilson's battalion was in
the rear of us, as near as I can recollect, between Anthony's battalion and the third regiment.
Question. Did you know before leaving Fort Lyon, to join Colonel Chivington's command, that he was going to attack Black Kettle's
band of Indians?
Answer. I heard so before the order was given, from Lieutenant Cramer.

PAGE 13

Question. Did you inform Colonel Chivington of the relations existing between the officers at Fort Lyon and the Indians?
Answer. I did not inform him personally, but I requested Major Anthony to inform him; I also wrote a note to an officer of the third
regiment to give to him, (Chivington.)
Question. Did you protest to your commanding officer against attacking those Indians?
Answer. I did.
Question. Who was your commanding officer?
Answer. Major Anthony.
Question. Did you inform Major Anthony of the relations existing with Black Kettle's Indians?
Answer. I did. he knew the relations; I frequently talked to him about it.
Question. What answer did Major Anthony make to your protest?
Answer. He told me that we were going on the Smoky Hill to fight the hostile Indians; he also said that he was in for killing all
Indians, and that he was only acting or had been only acting friendly with them until he could get a force large enough to go out and
kill all of them - "all the Indians," or words to that effect.
Question. On arriving near the camp of Black Kettle, what was the order of attack?
Answer. We went on a gallop in column of fours, for about two miles. Lieutenant Wilson's battalion went ahead, crossed Sand
creek, and opened the attack on the lower end of camp. Major Anthony's battalion took nearly the same as Wilson's and opened fire
to the left, before we got to Wilson's battalion. The battery opened fire in rear of Anthony's battalion; they prepared for action in rear of
Anthony's battalion, and moved forward before firing to about where Anthony's battalion had been; after that, I could see no order to
the battle. The command was scattered and every man firing on his own hook on both sides of the creek.
Question. What is the general course of Sand creek at the point Black Kettle was encamped?
Answer. At the camp, I think it was about northeast and southwest; the creek takes a bend there where the battle-ground was. The
general course of the creek I think is about northwest and southeast.
Question. Did Lieutenant Wilson's battalion approach the camp in line?
Answer. They were in line when they opened fire.
Question. From what point of the compass did Lieutenant Wilson's battalion face the camp?
Answer. Faced the camp from the northeast and fired in a southwesterly direction.
Question. At the time Lieutenant Wilson's battalion opened fire, was Major Anthony's battalion in line? If so, from what point of the
compass did he face the camp?
Answer. We were not in line when Wilson commenced firing, but were in line soon after, and opened fire from the south or
southeast.
Question. At any time during the fight was a portion of Colonel Chivington's command under the fire of another portion?
Answer. They were.
Question. State how it was.
Answer. The troops were on both banks of the creek firing across at Indians under both banks, and if they over-shot they were liable
to hit our own men.
Question. Did your squadron become separated from Major Anthony's battalion during the fight? If so, how did it happen?
Answer. It did when he ordered me into the creek. I kept my squadron together, and crossed over to the opposite bank, and followed
up the creek one or two miles--about two miles, I guess. I didn't see the balance of the battalion

PAGE 14

together till after the fight. I saw a number of Anthony's battalion, but not together.
Question. At the time of the attack, were there any white men in the Indian camp? If so, who were they?
Answer. There were: John Smith, Indian interpreter, Fort Lyon; David H. Louderback, private company G, first cavalry of Colorado,
and a driver of Major Colley's; I don't think of his name. They had an ambulance; this was the driver of the ambulance.
Question. How came they there, and how did they escape?
Answer. They went out by permission of Major Anthony to do some trading with the Indians. It is a hard matter to tell how they did
escape. Louderback escaped toward the command with some cloth or handkerchief on a stick. He had a white rag on a stick. I
would not swear it was white, but thought it was. It was a rag or piece of cloth. I did not see how the others escaped. John Smith
attempted to come to Anthony's battalion, but the fire was so hot he went back into a lodge.
Question. Did any of Colonel Chivington's command fire upon John Smith?
Answer. I think they did. I think they were fired on by Anthony's battalion and Wilson's.
Question. Did any of the Indians advance towards Colonel Chivington's command, making signs that they were friends?
Answer. I saw them advance towards the line, some of them holding their hands up.
Question. Was any demand made upon the Indians prior to the attack, and any attention paid to their signs that they were friends?
Answer. Not to my knowledge.
Question. Were the women and children shot while attempting to escape by Colonel Chivington's command?
Answer. They were.
Question. Were the women and children followed while attempting to escape, shot down and scalped, and otherwise mutilated, by
any of Colonel Chivington's command?
Answer. They were.
Question. Were any efforts made by the commanding officers, Colonels Chivington, Shoup, and Major Anthony, to prevent these
mutilations?
Answer. Not that I know of.
Commission adjourned until 9½ a. m. to-morrow, February 17, 1865.


EIGHTH DAY.

FEBRUARY 17, 1865--9.30 a. m.
Commission met pursuant to adjournment. Present, all members and recorder.
Journal of yesterday read, amended as follows, and approved:
Instead of reading (wherever it occurs) "Captain Silas S. Soule, veteran battalion, first Colorado cavalry, recalled by the
commission," read, the examination of Captain Soule continued, &c.
The examination of Captain S. S. Soule (in presence of J. M. Chivington) continued:

By COMMISSION:
Question. Did you witness any scalping and otherwise mutilating of the dead during and after the engagement on Sand creek?
Answer. I did.
Question. Did you see any officer engage in this business of scalping and mutilating the dead?
Answer. I cannot say that I did.

PAGE 15

Question. Were any prisoners taken by Colonel Chivington's command? If so, what was done with them?
Answer. There were three squaws taken, son of Colonel Bent, John Smith's son, and two children with the squaws. Smith's son
was killed in camp. I took Bent's son with me. Sent him to Fort Lyon. The squaws went to Fort Lyon at the time the command went
back from Sand creek. There were two other prisoners besides those--two children. They were kept by the third regiment. They are
now in the mountains.
Question. Are you acquainted with the circumstances of Jack Smith's death?
Answer. Not of my own knowledge.
Question. On your second visit to Sand creek, did you find that the dead had been scalped and otherwise mutilated?
Answer. I did.
Question. All of them--men, women, and children?
Answer. All, with the exception of Jack Smith, (old man Smith's son,) and one squaw that was burnt in a lodge. I could not tell
whether she was scalped or not.
Question. Did you discover any indications of rifle-pits or earthworks that had been thrown up by the Indians prior to the attack on the
29th of November?
Answer. I didn't then see any that were thrown up by the Indians at that time. I saw holes under the banks in the sand that I think
were dug the day of the fight.
Question. What was the object of the scout upon which you were sent with twenty-odd men?
Answer. To see if there was a camp of Indians on the Aubrey road about fifty miles south of the river, and to see if I could discover
Indians anywhere south of the Arkansas river.
Question. Had the Indians committed any depredations in the vicinity of Fort Lyon, and on the road to Larned, during the three
months prior to the 29th of November?
Answer. Not to my knowledge.
Question. Do you know what became of the stock and other property taken from the Indians on Sand creek?
Answer. I know some of the stock and other property taken there is in the hands of persons that took it; members of the third
regiment and first regiment also.
Question. State who has the property, and describe it?
Answer. I know of probably two hundred who have or had some of the property in their possession; nearly every man in the
command had some. Lieutenant Antoby, third regiment, had a lot of stock. He had a number of ponies in his possession. Hank
Lathrop, of the third. He sold one pony which he had in his possession on the way up. (Sold to a citizen.) Lieutenant Hardin's wife
had one pony given her by one of the third regiment. I think it was given by Lieutenant Antoby. Lieutenant Baldwin, of the independent
battery, had some ponies from there. Captain Evans, eleventh Ohio cavalry, of Camp Collins, took five ponies from Mason's ranch,
on Cache le Poudre. Major Anthony has trophies. Lieutenant Cannon, of the first New Mexico volunteers, has got some Indian
clothing. Major Anthony has, or had when I left there, an Indian shield, squaw's dress, and some other property of little value. I don't
remember the articles. It is hard to enumerate these things. I know of a good many soldiers who have property of this kind. I have
taken, as provost martial, considerable of this stock, and turned it in to the quartermaster.
Adjourned until 2 p. m. this day.

Two p. m.--Commission met pursuant to adjournment. Present, all members and recorder.
The examination of Captain S. S. Soule continued.

PAGE 16

Cross-examined by J. M. CHIVINGTON, late colonel first Colorado cavalry:
Question. In what military district was Fort Lyon, and the place where the battle of Sand creek occurred, at the time said battle took
place?
Answer. District of the Upper Arkansas.
Question. State, if you know, who had command of that district?
Answer. I think the district was in command of Major B. F. Henning, third Wisconsin cavalry.
Question. Do you know whether Major Wynkoop was ordered or directed by the commander of the district of Upper Arkansas, or any
superior officer, to go out upon the expedition of which you speak in you direct examination?
Answer. I do not know that he had any orders.
Question. State, if you know, whether Major Wynkoop was ordered to go out upon that expedition, or to treat with the Indians, by the
governor of Colorado, or the commander of the district of Colorado?
Answer. Not to my knowledge.
Question. Did or did not the Indians manifest any hostility towards Major Wynkoop's command upon that expedition?
Answer. They did when we met them. They met us in line of battle.
Question. What acts of hostility did the Indians show towards Major Wynkoop's command?
Answer. They were in line of battle; we were the same. They asked Major Wynkoop what he came there for. They were answered
that we came there to talk. They asked Major Wynkoop why we came there with soldiers and cannon, in form of battle, if Major
Wynkoop's intentions were peaceable. Major told them that he came prepared to defend himself in case of any treachery. They
surrounded us, and marched about two miles, encircling our flanks and rear until we got to their camp. We met them two or three
miles from their camp. While we were in they were saucy. There were some cases of them putting their hands in soldiers' pockets
to get tobacco.
After we were in camp they closed around us as though they meant to gobble us up, i. e., we expected an attack, until one of their
chiefs, (One-Eye,) who went out with us from Fort Lyon, told the Indians that he had promised us protection, and if they fired on us,
or attempted to kill us, he would join the whites and fight against them. One-Eye (and some other chiefs) made a speech to them.
Black Kettle and One-Eye were the principle ones. They then left us. Black Kettle and One-Eye ordered us to leave and go a day or
two's march nearer Fort Lyon, and go in camp, and wait for them to bring in the white prisoners. During the council Lieutenant
Hardin, of the "first," was officer of the day. He came in to the camp and complained to the major that the Indians were crowding in
on him, and he could not keep them out. I think he said they (the Indians) had possession of the cannon, and were sitting on them.
Then Major Wynkoop told the chiefs in council that they must keep their men out of camp, and One-Eye and others made speeches
to the Indians. The Indians then left our camp.
Question. How far from the place where the council was held did Major Wynkoop's command march towards Fort Lyon on the day
after the council?
Answer. On the day of the council we marched back about eight miles. The day after the council we laid in camp, and the day after
that we marched about twenty miles.
Question. At what time in the day was the council with the Indians held?
Answer. I should think it was about 10 o'clock in the forenoon. It might not have been that late.
Question. At what time did Major Wynkoop's command leave Fort Lyon, and of what troops was his command composed, and what
subordinate officers were in command of such troops?
Answer. I think the fore part of September, or in September--I cannot recol-

PAGE 17

lect clearly--company D, company G, and company K, first cavalry of Colorado. I commanded D company; Lieutenant Hardin
commanded company G. I don't recollect who was in command of company K. Lieutenants Phillips and Cramer were along. The
officers present were Major Wynkoop, myself, and Lieutenants Hardin, Phillips, and Cramer.
Question. Were there any Indians at Fort Lyon when Major Wynkoop's expedition left there? If so, to what tribe did they belong, and
give the names of any whom you may know?
Answer. I think there were none at the fort except those that went with us.
Question. What Indians went with Major Wynkoop's expedition, and to what tribe did they belong?
Answer. One-Eye and his squaw, and Min-im-mie. They were Cheyennes, There was one other, a Cheyenne also.
Question. Were there any Indians at Fort Lyon other than those you have named, shortly before Major Wynkoop's expedition left
there? If so, how long before that time were they there, and what was the number of them?
Answer. None at the post. We had a fight about two weeks before, near there, with fourteen Indians, supposed to be Arapahoes.
The fight was about ten or fifteen miles from the post. They chased in a soldier, within a mile or two of the post. Then Lieutenant
Cramer pursued them. Overtook them probably about ten miles from the post, and had a running fight with them, probably five miles.
Question. Was there an election held by the command under the laws of the Territory, while out on the expedition?
Answer. We held an election the day after the council on the Smoky Hill; it was for officers of State, &c.
Question. Did the Indians commit any acts of hostility against the whites in the vicinity of Fort Lyon prior to the time when Major
Wynkoop's expedition left there?
Answer. They had. They killed two men about two miles from the post. I don't remember the exact time, but I think about two weeks
before Wynkoop's expedition went out. These men were on their way from Point of Rocks to Fort Lyon, as witnesses for a military
commission.
Question. Was there any whiskey or other intoxicating beverages, used by the men or officers of Major Wynkoop's command on the
day on which the council with the Indians was held?
Answer. I think there was. I saw some.
Question. State if you know whether any of the men or officers of Major Wynkoop's command were intoxicated at the time the council
with the Indians was held.
(Objections to question by Lieutenant Colonel Tappan, president of the commission.
Commission was cleared for discussion.
Commission opened.
The objection sustained by the commission, on the ground that it is not pertinent to the subject-matter of this investigation. Some
men in difficult situations become very much excited and it would be unjust to accuse them of being intoxicated. The action of the
officers on that occasion is a proper subject of investigation; but opinion of witnesses as to the impulses or influences under which
they acted determines nothing.)

Cross-examination continued:
Question. State, if you know, whether Major Wynkoop and other officers of his expedition acted as men having full control of their
reasoning faculties at the time the council with the Indians took place.
Answer. I think they all did, except Lieutenant Hardin, who was excited.
Ex. Doc. 26-----2

PAGE 18

Question. State if you know, whether the Indians of whom you have spoken in your direct examination, in council or elsewhere,
stated by what Indians the captives of whom you have spoken were captured.
Answer. They spoke of them as being captured by the Cheyennes.
Question. Did the Indians of whom you have spoken state how many white prisoners they then had in their possession?
Answer. They said they had seven.
Question. Did they or did they not promise to deliver to Major Wynkoop all the white captives they then had in their possession?
Answer. They promised to give them all up as soon as they could get them. They were sold in different tribes (scattered.)
Question. State whether they did deliver all the white captives that they admitted were in their possession, and how many they
delivered in accordance with their promise?
Answer. They delivered all but three; they delivered four.
Question. Did the Indians, in council or elsewhere, state when and where they had captured the white prisoners of whom you have
spoken?
Answer. I don't know as the Indians did.
Question. Did the white captives state where and when they were captured and by whom? If so, what statement did they make
respecting the time when, place where, and Indians by whom they were captured?
Answer. They stated they were captured some time in August, on the Little Blue river, Kansas, by Cheyennes.
Question. Did or did not the Indians state that they had captured Mrs. Snider a few miles below Booneville?
Answer. I believe they did.
Commission adjourned until to-morrow morning, 9½ o'clock, February 18, 1865.


NINTH DAY.

FEBRUARY 18, 1865.

Commission met pursuant to adjournment. Present, all members and recorder.
Yesterday's proceedings read and approved.

Cross-examination of Captain Silas S. Soule by J. M. Chivington, late colonel, &c., continued:
Question. Did, or did not Major Wynkoop represent to the Indians in council that any person had power to make peace with them on
behalf of the government? And if so, what statement did he make?
Answer. He told them that no one but the governor had the right; that he (Wynkoop) could not make peace with them.
Question. After the council with the Indians on the Smoky Hill, did they return in force to Major Wynkoop's command? If so, in what
number did they return?
Answer. They did not.
Question. Who were present at the council between the Indians and the governor, at Camp Weld, near Denver?
Answer. Colonel Chivington, Major Wynkoop, myself, J. Bright Smith, Amos Steck, John Smith, Indian interpreter; I think Lieutenant
Hawley, first regiment. There were a good many there; I don't remember all of them.
Question. Were the proceedings of the council at Camp Weld recorded or reduced to writing at the time such council was held; if so,
by whom?
Answer. They were, I think by Major Whitely, Indian agent of the Utes.
Question. State if you know whether orders or directions were received by Colonel Chivington from Major General Curtis,
commanding department of Kan-

PAGE 19

sas, at the time or before the council at Camp Weld was held, in relation to treating with the Indians; if so, state if you know what
those orders or directions were.
Answer. I do not know.
Question. Did or did not the Indians in council at Camp Weld, or elsewhere, represent that they had power to act for the Arapahoe
and Cheyenne tribes?
Answer. They did, I think.
Question. After Major Wynkoop's return to Fort Lyon from the Camp Weld council, did or did not the Indians represent that they would
bring in the entire Arapahoe and Cheyenne tribes to Fort Lyon?
Answer. They would if they could. They would bring in all who would comply with the orders of Major Wynkoop.
Question. Was there anything said by Major Wynkoop to the Indians after the Camp Weld council, as to furnishing provisions to
those Indians who should come in and camp near Fort Lyon?
Answer. He furnished them provisions, but I did not hear him tell them he would furnish provisions.
Question. State as nearly as you can the quantity of provisions furnished by Major Wynkoop to the Indians.
Answer. He furnished prisoners' allowance for ten days--I think, for five hundred Indians.
Question. At the time these provisions were furnished, had any communication been received by Major Wynkoop in reply to that sent
with Lieutenant Dennison to General Curtis?
Answer. There had not.
Question. State, if you know, the number of Indians that came in and camped near Fort Lyon, in obedience to Major Wynkoop's
orders.
Answer. There were about one hundred and twenty lodges, or about six hundred Indians.
Question. When did Major Anthony assume command at Fort Lyon?
Answer. I don't remember the date; I should think about the first of November, 1864.
Question. Did or did not Major Anthony order or direct the Indians to remove from Fort Lyon, soon after he assumed command?
Answer. He directed or advised them to move out on Sand creek. He could not furnish them provisions, and wanted them to remove
where they could kill buffalo.
Question. State the number of Indians encamped near Fort Lyon, at the time Major Anthony required them to deliver up their arms,
and the horses and mules belonging to the whites.
Answer. I should think there were about six hundred Indians.
Question. Where were Black Kettle and Bull Bear at the time Major Anthony required the Indians to deliver up their arms?
Answer. Out after the Cheyennes.
Question. Did Black Kettle and Bull Bear, or either of them, subsequently bring in other Indians?
Answer. They did.
Question. How many Indians did they bring in after that time?
Answer. I do not know; their camp was on Sand creek. They were not allowed to come to the post with their village.
Question. Were any steps taken by Major Anthony to secure all the arms the Indians had, other than the mere request that they
should deliver them up?
Answer. There were steps taken to get all the arms from the band, besides the mere request.
Question. What steps were taken, as stated in your last answer?

PAGE 20

Answer. He ordered me to count all the Indians in the village, and to take all arms that could be found.
Question. State if you know whether the arms received from the Indians were ever returned to them; if so, when and by whom?
Answer. They were returned by me, by Major Anthony's order, about the middle of November, 1864, I think.
Question. Did all the Indians of the Arapahoe and Cheyenne tribes come in and camp near Fort Lyon, in compliance with Major
Wynkoop's order.
Answer. They did not all come in, none of the Dog* soldiers came in, I think, and not all of the fighting men of the Arapahoes; about
forty or fifty, I should think, came in; they are not organized as their soldiers.
Question. Was there anything said in the council at Camp Weld about furnishing provisions to those Indians that should come in
and camp near Fort Lyon?
Answer. There was something said, but I don't remember what it was.
Question. Were the squaws and children of the Arapahoe and Cheyenne warriors among those Indians that came in and camped
near Fort Lyon?
Answer. I don't know; I don't think the squaws came in without their warriors did.
Question. What proportion of the Arapahoe and Cheyenne Indians, came in and camped near Fort Lyon?
Answer. I do not know; I don't know their strength; I think nearly all of the Arapahoes in that section of the country.
Question. State your means of knowledge as to the understanding between the Indians and the officers at Fort Lyon, as to the
protection to be furnished said Indians.
Answer. I heard Major Wynkoop tell the chiefs that he would protect them until the messenger returned from General Curtis. Major
Anthony and all the officers at the post signed a document to General Curtis, indorsing Wynkoop's action.
Question. State, if you know, whether Lieutenant Dennison, bearer of despatches from Major Wynkoop, ever returned with orders
from the latter officer.
Answer. He returned after Major Wynkoop left, but I do not know whether he brought orders or not.
Question. How long after Lieutenant Dennison was sent as messenger to General Curtis, did Major Wynkoop remain in command
at Fort Lyon?
Answer. I think about two weeks.
Question. By whom was Major Wynkoop relieved of the command at Fort Lyon, and by whose order was he relieved?
Answer. He was relieved by Major Anthony, by the order of General Curtis.
Question. At what time did the Indians remove from the immediate vicinity of Fort Lyon?
Answer. Shortly after Major Anthony's arrival. I should think it was a long about the middle of November.
Question. Who, if any one, was present at the conversation held by you with Colonel Chivington, when you met him with the
command above Fort Lyon?
Answer. I don't remember certain who they were. There were a number present. I think some of the soldiers of my command heard
the conversation.
Question. Did you converse with Colonel Chivington prior to the arrival of the command at Fort Lyon?
Answer. Yes.
Question. What statement did Colonel Chivington make to you in that conversation?
Answer. He asked me if they knew at Fort Lyon that he was coming. He asked me how far ahead the mule team was I met. He
asked me if I would

* Fighting men of the Cheyenne tribe regularly organized.

PAGE 21

ride ahead with him into the post. I think he asked me in regard to the Indians that had been there. I cannot remember all of the
conversation.
Question. Did Colonel Chivington in that conversation state to you the object of his expedition?
Answer. He did not, I think.
Question. State, if you know, whether any officer at Fort Lyon objected to joining Colonel Chivington's command; and if so, to whom
such objection was made?
Answer. Objection was made to Major Anthony by officers at the post. I think objections were made at the post to Colonel Chivington,
also by officers, and to several officers belonging to the expedition under Chivington.
Question. What are your means of knowledge respecting objections having been made to Colonel Chivington personally?
Answer. Lieutenant Cramer and some one else told me that day that they objected to Colonel Chivington personally, and I was
warned by Major Anthony, Lieutenant Cramer, and some others not to go to the camp where Colonel Chivington was; that he had
made threats against me for language I had used that day against Colonel Chivington's command going out to kill those Indians on
Sand creek.
Question. To whom did you deliver the note which you addressed to Colonel Chivington, for the purpose of being delivered to the
latter? and state if you know that note was delivered to Colonel Chivington.
Answer. I delivered the note to Captain Talbert, third regiment, and Colonel Chivington came into camp, and Talbert returned the
note to me. I think Colonel Chivington knew the contents, although I did not deliver it.
Question. By whom was the plan of attack on the Indian village at Sand creek arranged or directed?
Answer. By Colonel Chivington, I think.
Question. By whom were you ordered to move up Sand creek after the battle began?
Answer. By Major Anthony.
Question. After you crossed Sand creek, did you or did you not return to your superior officer for further orders? and did you receive
any further or other orders during the progress of the fight?
Answer. I met Major Anthony about 12 o'clock, and asked what I should do with my company. He told me to put them on guard over
some wounded men and property belonging to our men and officers.
Commission adjourned at 1 p. m. to meet again Monday morning, February 20, 1865, at 9½ o'clock.


TENTH DAY.

FEBRUARY 20, 1865.

Commission met pursuant to adjournment. Present, all members and recorder.
Proceedings of Saturday last read and approved.

Cross-examination of Captain Silas S. Soule continued:
Question. Did you receive any orders other than those you have mentioned, during the fight at Sand creek?
Answer. Not that I remember.
Question. Did the squadron or company under your command remain together in rank and under your supervision during the fight?
Answer. They did.
Question. State, if you know, whether Colonel Chivington or any officer at the battle of Sand creek ordered the men to disperse and
conduct the fight

PAGE 22

without regard to order, or gave any order to the effect that the men should fight singly.
Answer. Not that I know of.
Question. State, if you know, whether any company, battalion, squadron, or other military organization engaged in the battle of Sand
creek, remained in rank and conducted the battle as a military organization during the progress of the battle.
Answer. Not to my knowledge, except what I took to be a squadron about three miles to the northwest of the Indian village.
Question. After the battle began, did the officers retain control of the men under their command?
Answer. I think not.
Question. What was the extent or area of the battle-ground where the battle of Sand creek was fought?
Answer. I should think about four or five miles up the creek, and one or two each side.
Question. Were all the forces under the command of Colonel Chivington engaged in the battle?
Answer. I do not know.
Question. What part of the battle-field did you occupy during the battle?
Answer. I commenced at the lower end of the battleground, crossed the creek south, moved up the creek about two miles, crossed
it to the north, and down the creek again to the village where the battle commenced.
Question. What forces were upon the northeastern bank of the creek when you were there?
Answer. Men of the first and third mixed together.
Question. What was the number of soldiers upon the northeastern bank of the creek when you were there?
Answer. I should think about four hundred.
Question. How long did you remain upon the northeastern bank of the creek?
Answer. Three or four hours.
Question. What time in the day did you cross from the northeastern to the southwestern bank of the creek?
Answer. Early in the morning at the commencement of the fight, and remained on the southwestern side till nearly noon.
Question. What time in the day did you cross from the southwestern to the northeastern bank of the creek?
Answer. Nearly noon; probably between 11 and 12 o'clock.
Question. Was the battle still progressing when you crossed, as stated in your last answer?
Answer. It was both above and below me.
Question. Did you see Colonel Chivington or communicate with him after the battle began, and before the close thereof?
Answer. I did. I saw him (Colonel Chivington) during the progress of and before the battle closed and communicated with him.
Question. What was that communication, and in what time in the day was it made?
Answer. It was about two o'clock. I asked him if I could send Colonels Bent's son Charles, who was taken prisoner with Jack Smith,
to his home. Colonel Chivington said that his (Bent's) brother Robert did not care about having him taken back, and the colonel told
me he guessed I better not take or send him back; and then, again, he said he had no objections.
Question. Did you see Major Anthony or communicate with him after the battle began and before the close thereof?
Answer. I did.

PAGE 23

Question. What were those communications, and at what time in the day were they respectively made?
Answer. I think about twelve or one o'clock. I asked him what I should do with my command. He told me to put them on guard over
some wounded men and baggage. I received orders I should think between two and three o'clock to get my command ready to go
back that night with him to escort a supply train.
Question. Was the battle still progressing when you received the order from Major Anthony, about one o'clock in the day?
Answer. It was. The battle was still progressing when I received the last order.
Question. What time did you leave the battle-field?
Answer. I should think between two and three o'clock p. m.
Question. State if you know whether any of the Indians escaped from the battle-field on the day of the battle.
Answer. I know I saw some escape.
Question. If you know, state whether orders were given by any officer at the battle of Sand creek; or prior thereto, to the effect that
Indians killed should be scalped or mutilated.
Answer. Not that I know of.
Question. Do you state that Indian children were scalped or mutilated by soldiers at the battle of Sand creek?
Answer. They were scalped I know; I saw holes in them, and some with their skulls knocked in, but cannot say how they were
mutilated.
Question. Did you see any soldiers in the act of scalping or mutilating Indian children?
Answer. I think not. I saw soldiers with children's scalps during the day, but did not see them cut them off.
Question. To what company, regiment, or military organization did the soldiers mentioned in your last answer belong?
Answer. They belonged to Colonel Chivington's command.
Commission adjourned until 2 p. m. this day.

Two p. m.--Commission met, pursuant to adjournment. Present, all members and recorder.

Cross-examination of Captain Silas S. Soule continued:
Question. How many soldiers did you see with the scalps of Indian children?
Answer. I could not tell for certain.
Question. How high were the banks of Sand creek at the place where the battle occurred?
Answer. All the way from two to fifteen and twenty feet.
Question. Where was the Indian camp with reference to Sand creek--in the bend of the creek or on the banks thereof?
Answer. On the banks.
Question. On which bank of the creek was the Indian camp located?
Answer. On the northern banks.
Question. How high were the banks of the creek at the place where the camp was located?
Answer. The bank I should say was from two to five feet high.
Question. State if you know whether Colonel Chivington ordered portions of his command to occupy each bank of the creek.
Answer. I do not know. I know that the regimental color-bearer of the third, with the flag, was on the south side of the creek.
Question. How long after the battle began was it that the soldiers arranged themselves on each bank of the creek, so that those
upon one bank were under the fire of those on the opposite bank?

PAGE 24

Answer. Immediately after the battle opened--before I got across with my company.
Question. Do you know whether the soldiers who occupied the banks of the creek, in the manner stated in the last question,
assumed those positions in obedience to the command of any officer?
Answer. I do not.
Question. Did they assume those positions in rank and by companies, or battalions, or in a disorderly manner?
Answer. In a disorderly manner.
Question. Did they not assume those positions for the purpose of driving the Indians from under the banks of the creek?
Answer. I suppose they assumed those positions to kill the Indians under the banks of the creek. They were not much on the drive.
Question. Were the positions of the soldiers upon the banks of the creek such that shots fired by those upon one bank at the
Indians under the opposite bank would take effect upon the soldiers upon the opposite bank?
Answer. They were very apt to if they fired too high.
Question. Did you discover any Indians when you went upon the scout, immediately after the battle?
Answer. I did, what I supposed to be Indians.
Question. Where did you discover those Indians?
Answer. I discovered signal fires about forty miles south of the Arkansas, and about east of those, within about ten miles of the river,
I came across what I supposed to be a village of Indians, in the vicinity of the signal fires to the east about eight or ten miles from
the river.
Question. How near did you approach to the village mentioned in your last answer?
Answer. In less than a quarter of a mile.
Question. What reasons had you for supposing that it was an Indian village?
Answer. Their camp-fires were burning. The dogs barked at us. I heard the voices of Indians, and thought I saw Indians walking by
the fire.
Question. What was the number of lodges in the village?
Answer. I could not tell; it was in the night. I did not think, from the appearance of the fires, that their lodges were up.
Question. How long before the battle of Sand creek did the Indians remove from Fort Lyon?
Answer. I don't exactly remember; about two weeks.
Question. How long did the conversation between yourself and Colonel Chivington, when you met him with the command above
Fort Lyon, continue?
Answer. Not long; a very few minutes.
Question. Did Colonel Chivington halt and remain with you while the conversation was being carried on?
Answer. He halted a moment. I rode on a little piece with him in the direction of Fort Lyon.
Question. How far above Fort Lyon is the place where this conversation took place?
Answer. About ten or twelve miles, at the head of the Big Bottom, near the watering place.
Question. State your means of knowledge as to permission being granted by Major Anthony to the persons who were in the Indian
camp at Sand creek to go to that place.
Answer. The persons themselves told me the day before that they had permission. I also heard Major Anthony speak of these men
having gone to the Indian camp.
Question. Give the names of the persons to whom such permission was granted by Major Anthony.

PAGE 25

Answer. John Smith, Indian interpreter, David L. Louderback, company G, first cavalry of Colorado, and teamster--I do not recollect
his name.
Question. State if you know whether the authority given them by Major Anthony was verbal or in writing.
Answer. I do not know.
Question. If you know, state how long the persons last named by you had been in the Indian camp.
Answer. I think two days. They started, I think, the day Major Wynkoop started for the States.
Question. If you know, state what articles those persons were authorized to deal in, in trading with the Indians.
Answer. I don't know.
Question. Do you state that any portion of Colonel Chivington's command fired on John Smith; and if they did so, was such firing
done by command of any officer?
Answer. I think not. Firing was done, but not by orders of any officer. I heard Lieutenant Cramer sing out that it was John Smith, and
tell him to come to company K.
Question. Did you hear any plans suggested by officers at Fort Lyon after the battle of Sand creek for prosecuting Colonel Chivington
for the part he had taken in the battle?
Answer. I don't know that I heard any plan of prosecution. They all denounced him there.
Question. Did you hear any of the officers at Fort Lyon say that they would prosecute Colonel Chivington for the part he had taken in
the battle of Sand creek?
Answer. I don't know that I heard them say they would do it. I heard them say that he ought to be prosecuted, and that, when the facts
got to Washington, he was liable to be, or words to that effect.
Question. Who were the officers who made these declarations?
Answer. It was the general talk among the officers at the post. I think I heard Major Anthony say so, and Lieutenant Baldwin,
Lieutenant Cramer, Lieutenants Cannon and Minton, and Captain Hill. I don't remember all. Lieutenant Colonel Tappan, too, I think.
Question. Do you know whether Major Anthony made any statements to Colonel Chivington respecting the propriety at attacking the
Indians on Sand creek after Colonel Chivington's command arrived at Fort Lyon, and before the battle of Sand creek?
Answer. I did not hear him make any.
Question. Do you know whether Major Anthony made any statements to any persons as to the propriety of attacking the Indians on
Sand creek after Colonel Chivington's command arrived at Fort Lyon and before the battle of Sand creek? If so, state if you know
what those statements were.
Answer. I talked to Anthony about it, and he said that some of those Indians ought to be killed; that he had been only waiting for a
good chance to pitch into them. I reminded him of the pledges he had made them, and he said that Colonel Chivington had told him
that those Indians he had pledged the soldiers and white men in the camp should not be killed; that the object of the expedition was
to go out the Smoky Hill and follow the Indians up. Anthony told me that I would not compromise myself by going out, as I was
opposed to going.
Question. Did or did not Major Anthony seek to convince you that the Indians at Sand creek should be attacked?
Answer. He tried to convince me that a good many of them should be killed and some of them saved, and among them he
mentioned Black Kettle, One-Eye, White Antelope, Left-Hand, and some others, that should not be killed.

PAGE 26

Question. Who accompanied you on the scout south of the Arkansas river? What troops were in your command on that expedition?
Answer. Between twenty and thirty soldiers from K and D, first regiment. There was a Dutch Jew by the name of Meyer accompanied
me.
Question. What subordinate officers were in your command on that occasion?
Answer. I had none.
Question. How far south of the Arkansas river did you proceed on that occasion?
Answer. About thirty miles.
Cross-examination closed.
Commission adjourned until 9½ a. m. to-morrow, February 21.


ELEVENTH DAY.

FEBRUARY 21, 1865.
Commission met pursuant to adjournment. Present, all members and recorder.
Proceedings of yesterday read and approved, with the following amendments:
Page 87, 3d line, in 3d answer, amended so as to read "thirty miles east, &c."
Page 91, 4th line, 3d answer, amended so as to read "and teamsters who drove Major Colley's ambulance."
Page 94, 18th line, in first answer, amended so as to read "Anthony told me this to induce me to go out, as I was opposed, &c."
Re-examination of Captain Silas S. Soule, veteran battalion first Colorado cavalry, by the commission.

By COMMISSION:
Question. In what direction was Major Wynkoop marching with his command when he came upon the Indians on the Smoky Hill?
Answer. In a northeasterly direction.
Question. After meeting the Indians in what direction did he continue his march to reach their camp?
Answer. About the same direction--a little more to the east.
Question. While marching with the Indians on your flanks and rear did they make any hostile demonstrations?
Answer. They kept up a howl. I asked one of our party what it meant by such howling, and he said they were singing for grub. A good
many had bows strung and arrows in their hands; some of them had guns. I think they fired two or three shots at a dog in our
command, and at a hawk.
Question. Did the Indians request, advise, or order Major Wynkoop move two days' march nearer Fort Lyon?
Answer. They advised him to go nearer the fort, for the reason, I think, that there were thirteen hundred lodges of Sioux within about
thirty miles of us.
Question. While Major Wynkoop was in council with the Indians on Smoky Hill did the Indians get the advantage by surrounding the
camp?
Answer. They got into the camp while we were in council. The officer of the day seemed to be alarmed, and came to the council and
told Major Wynkoop that he could not keep them out of camp.
Question. Was Lieutenant Hardin instructed not to permit the Indians to come in and about the camp?
Answer. He was.
Question. Was it Lieutenant Hardin's fault that the Indians got into the camp?
Answer. It was; if he had obeyed his orders they would not have got in without a fight.
Question. Was it the personal influence, appeals, and efforts of Black Kettle, White Antelope, One-Eye, and other Indians that
prevented an attack upon Wynkoop's command?

PAGE 27

Answer. It think it was Black Kettle, One-Eye, and other chiefs. I am not so sure about White Antelope.
Question. Was it these same Indians who afterwards, while in camp on Sand Creek, were attacked by Colonel Chivington's
command and some of them killed?
Answer. It was.
Question. At the time Major Wynkoop went to the Smoky Hill was he in command of the post and troops at Fort Lyon?
Answer. He was.
Question. When the Indians drove the soldier into the post did they fire upon him?
Answer. They did not.
Question. Did you hear some of the chiefs say in council at Camp Weld or Denver that the Indians who pursued the soldier threw
down their arms and were trying to overtake him in order to send by him a friendly message into Fort Lyon?
Answer. They told us in council at Smoky Hill that they were trying to get letters to the commanding officer at Fort Lyon.
Question. What did Black Kettle and White Antelope say had been done with the three prisoners whom they had failed to deliver
Major Wynkoop?
Answer. They had been sold or traded out of their village to some other tribe or village.
Question. While in council at Camp Weld or Denver did Major Whiteley record all that was said by parties in council?
Answer. I do not know.
Question. Were the Indians permitted to make statements of what they had suffered by the depredations of the whites in that
council?
Answer. I think not. There were other questions put to them while they were telling of the outrages that had been committed upon
them, or words to that effect. They were led from the subject by other questions.
Question. When Major Anthony ordered the Indians to surrender themselves and give up their arms, did he do it to completely
disarm them, or merely to give them an opportunity to acknowledge their submission to the government--make manifest their
compliance with the demands of Major Wynkoop and their desire for peace?
(J. M. Chivington respectfully objects to the question for the reason that it is leading, suggesting to the witness the answer which the
commission seeks to elicit. Objection sustained by the commission.)
Question. Did Major Anthony completely disarm the Indians at Fort Lyon?
Answer. He did.
Question. Did he refuse to issue them rations until they had surrendered their arms?
Answer. I believe he did.
Question. Did he afterwards return arms he had taken from these Indians?
Answer. He did.
Question. Did Majors Wynkoop and Anthony tell the Indians that no advantage should be taken of their submission to the military
authorities if General Curtis should not approve what they, Wynkoop and Anthony, had done respecting them?
Answer. I think they did.
Question. How near Fort Lyon were the citizens murdered by Indians?
Answer. About sixteen or eighteen miles.
Question. Was it known at Fort Lyon at the time, or afterwards, what Indians murdered these men?
Answer. Afterwards.
Question. Did War Bonnet, one of the chiefs of the Cheyennes, come into Fort Lyon a few days before the attack on Black Kettle's
camp and request of

PAGE 28

Major Anthony that the interpreter, John Smith, be permitted to go out to Sand creek and trade with them?
Answer. War Bonnet came in, but I don't know what was said.
Question. What field officers were present at the fight on Sand creek?
Answer. Colonel Chivington, Colonel Shoup, Lieutenant Colonel Bowen, Major Anthony, Major Downing, Major Sayer.
Question. Did either or any of them attempt to rally their men, and relieve them from being shot by each other.
Answer. Major Downing advised, or told me, to move my command out of fire of the men on the opposite bank.
Question. Did any of these officers appear to exercise a general supervision of the command and control it during the attack on
Black Kettle's camp?
Answer. I could not tell. I don't think they did.
Question. Did you hear Colonel Chivington, either prior to or during the attack on the Indian camp, make any remarks or give any
orders to the command? If so, what were they?
Answer. I don't remember.
Question. Did you hear any officer converse with Colonel Chivington in reference to the disposal of Charles Bent or other prisoners?
Answer. I heard Lieutenant Dunn ask Colonel Chivington if he had any objections to having Jack Smith killed. Colonel Chivington
said that he need not ask him about it; he knew how he (Chivington) felt about it, or words to that effect.
Question. Did you join Colonel Chivington's command with the understanding that all Indians to whom pledges of protection had
been given should not be molested?
Answer. I think I did. I believed until after the firing commenced that we would not attack the village.
Commission adjourned until 2 p. m. this day.

Two p. m.--Commission met pursuant to adjournment. Present, all members and recorder.
Re-examination of Captain S. S. Soule continued.

By J. M. CHIVINGTON:
Question. You state that Jack Smith was killed after he was taken prisoner. Do you know how he was killed, and by whom, and at
what time, and where he was killed?
Answer. I saw the body of Jack Smith, when I was out to the battle-ground last December, lying in the place of, or near, the lodge
where I saw him before I left the field the day of the battle, and I think Lieutenant Dunn acknowledged that a man of his company, E,
shot Jack Smith. All I know is from hearsay, except seeing the dead body.
Question. What means were adopted to prevent the Indians from detailing what they suffered at the hands of the whites at the Camp
Weld council?
Answer. By questions on other subjects.
Question. What are your means of knowledge as to Majors Wynkoop and Anthony having told the Indians at Fort Lyon that no
advantage should be taken of them if General Curtis should not approve the action of those officers?
Answer. I heard Wynkoop tell some of the chiefs, I think Black Kettle or Left-Hand, that--in case he got word from Curtis not to make
peace with them, that he would let them know, so that they could remove out of the way and get to their tribe; then he should fight
them if he had orders to, or words to that effect.
Question. Did you hear Major Anthony make any statements to the Indians similar to that mentioned in your last answer?

PAGE 29

Answer. I don't think I heard him make the statement to the Indians, but he (Anthony) indorsed Wynkoop's course.
Question. Who propounded questions on the part of the whites at the Camp Weld council?
Answer. Mostly by Governor Evans. I think Colonel Chivington and others propounded questions.
Question. What questions did Colonel Chivington propound?
Answer. I think he asked them who killed some white people on the Platte.
Question. Did Colonel Chivington ask any other questions than that mentioned in your last answer? If so, what were they?
Answer. I don't remember. He had but little to say during the council.

By COMMISSION:
Question. When you last saw Jack Smith on the day of the fight, was he alive and a prisoner in Colonel Chivington's camp?
Answer. He was alive and in a lodge with soldiers--in and about the lodge. I don't know that he was under guard.
Examination of Captain Silas S. Soule closed.
Commission adjourned until 9½ a. m. to-morrow, February 22, 1865.


TWELFTH DAY.

FEBRUARY 22, 1865.
Commission met pursuant to adjournment. Present, all members and recorder.
Proceedings of yesterday read and approved, with the following amendments:
Page 103, beginning of third answer, to read "except Major Downing," &c.
Commission adjourned until 9½ a. m. to-morrow, February 23, 1865.


THIRTEENTH DAY.

FEBRUARY 23, 1865.
Commission met pursuant to adjournment. Present, all members and recorder.
Yesterday's proceedings read and approved.
Lieutenant JOSEPH A. CRAMER, veteran battalion first Colorado cavalry, called in to give evidence by the commission, having been
duly sworn according to law, in presence of J. M. Chivington, testified as follows:

By COMMISSION:
Question. What is your full name, age, and rank in the army?
Answer. Joseph A. Cramer; 29 years old; second lieutenant company D veteran battalion first Colorado cavalry.
Question. How long have you been in the public service as an officer?     Answer. A year and nearly four months.
Question. Did you accompany Major Wynkoop to meet the Indians in council, on the Smoky Hill, last August or September?
Answer. I did, in September, 1864.
Question. State the object of the expedition, and what was done in council with the Indians.
Answer. The object of the expedition, as stated by Major Wynkoop, was for the recovery of some white prisoners held by the Indians.
Seven, I, think, was the number stated by the Indians--to be recovered by peaceable means if possible, and forcible means if
necessary. The council was composed of the principal chiefs, on the part of the Indians, being Black Kettle, Big or White Wolf; I think
Bull Bear, Left-Hand or Nor-wan-che, Little Raven, Neva, White Antelope, Big Mouth, were there, and other Indians. When the council
was called, Major Wynkoop, stated his object; that, on receiving the letter written by George Bent, and brought to the fort by One Eye
and Min-im-mie, and from conversation held with One-Eye and Min-im-mie at Fort Lyon he thought that

PAGE 30

they (the Indians) were acting in good faith, and that he had come out there with his men to have a talk with them, to see if an
understanding could be brought about between them and the whites, or their white brethren, or something of that kind. I think that
the Indians said if he had come to talk peace to them why had he brought his men and guns, or words to that effect. Major
Wynkoop's reply was that, relying on the words of the chief, he had come with but few men, but knowing that there were some bad
Indians among them he had brought sufficient number to fight them if they did not act in good faith, but he hoped they could
understand each other so that they would have no trouble, and he could take the white prisoners to Fort Lyon and return them to
their homes. I think, at that time, he told the chiefs that he would listen to them. I think Bull Bear (Cheyenne) spoke first. He stated
that he had tried to live in good faith with the whites, and a party of soldiers had come out into their country, on the Smoky Hill, and
had killed his brother; his name, I think, was Sitting Bear; that before his brother was killed he went to them and told them not to fire
on his young men, as they did not wish to fight the whites, but wanted to live in peace with them; and that while so talking he was
killed by the soldiers. He wound up his remarks by saying that he thought the Indians were not to blame. Left Hand, (Arapahoe
chief,) when he spoke, said that he had always been friendly with the whites, and had no difficulty with them until the present
season. He spoke of the trouble or difficulty between him and the commanding officer of Fort Larned--the date I have forgotten; that
at the time, the Kiowas and Comanches run off the stock at Fort Larned; that he had first sent word in to the commander that he
wished to take his tribe and recover, or help to recover, the stock; that he afterwards tried to get into the fort himself for the purpose
of making the same proposals, carrying at the time a white flag, and upon approaching the fort he was fired upon and could not get
in, and had to run, or words to that effect. Soon after this occurrence at Fort Larned, some of his young men had joined in with the
Dog soldiers, (a renegade band of the Cheyennes,) or the Kiowas, and had been out on scouting or war parties, and at that time he
had done all he could to prevent their doing so, and thought and said that an understanding could be brought about with the whites,
and that he did not wish to fight them, if he could get word to Major Colley, Indian agent, that he could bring about a big peace, but
was unable to restrain a few of his young braves; that he had repeatedly tried get a message to Major Colley, or the forts, but had not
been able to do so; that his men had been fired on while approaching the forts. At the time, Bull Bear was speaking, he said that he
thought the whites were foxes, and no peace could be brought about with them, and that the only way the Indians could do was to
fight; that was the substance of it. I think Little Raven (Arapahoe chief) spoke next; spoke but little, and indorsing what had been said
by Bull Bear. He stated in his remarks that he had lived several years among the whites; that he had always lived friendly with them,
and that he had always loved the whites and would like to shake hands with them, (their term of friendship was shaking hands,) but
was afraid that no peace could be brought about, or words to that effect. That is all I recollect at present in regard to what he said. I
think I have stated the times in which the chiefs spoke wrong. I think One-Eye (Cheyenne chief) spoke immediately after Bull Bear.
One-Eye stated that he had been sent into Fort Lyon with a letter, written by the chiefs, at the risk of his life, but that he was willing to
run such risk if, by so doing, he could bring about a peace or an understanding with the whites; that on his starting for Fort Lyon he
had supposed that the chiefs were acting in good faith, and that they would do as they had agreed, and believing that the
Cheyennes did not lie, that he had offered himself to Major Wynkoop as a pledge of their good faith, so that if the Indians did not act
in good faith his life should be forfeited, as he did not wish to live when Cheyennes broke their word; that he

PAGE 31

was ashamed to hear such talk in the council as that uttered by Bull Bear. He then appealed to the other chiefs to know if they would
act like men and fulfil or live up to their word; that he had been sent by them to Fort Lyon, and had taken their message to Major
Wynkoop, (or their tall chief,} and that he believing them to be honest had come from Fort Lyon to talk with them; that he had pledged
Major Wynkoop his word and his life, and the word of his, or their big chief, (I suppose referring to Black Kettle,) and that he should
stand by his word, (or fulfil his word,) and that if the chiefs did not act in good faith he should go with the whites and fight with them,
and that he had a great many friends who would follow him; that he was ashamed of their council to hear chiefs get up and make a
fuss about a few horses, or ponies and mules, or words to that effect, and that he was willing to divide with them or give them the
best stock that he had if they would say no more in council. This is all I remember except, I think, Bull Bear accepted his proposition
and took two of the best horses he had in his herd, and had no more to say. Black Kettle (principal chief of the Cheyennes) next
spoke; stated that he had sent One-Eye and Min-im-mie into Fort Lyon; had authorized the letter to be written, and was glad that it
resulted as it had, in bringing Major Wynkoop out; that he was glad to hear his brother chief speak as he had; he was glad to know
that Cheyennes fulfilled their word, and that if Major Wynkoop did as he (Wynkoop) proposed, he, with his friends, would go with us.
These remarks were in reference to what One-Eye had said. The most of the remarks which followed were in reply to Major
Wynkoop at the opening of the council, which were as follows: Major Wynkoop told them that he had come for peace and not for war
that if they would give up their prisoners it would be an evidence in their favor in the eye of their Great Father at Denver and
Washington; that if they would give up their prisoners and go with him he would take them to Denver, to have a talk with the Great
Father in Denver, and he had no doubt but what peace would be made, and that he would return them in safety to their tribes; that he
was not great enough chief himself to make any treaty with them that would be binding, but that he would pledge them his word that
they should be protected on their way to Denver and return, and that he wished their principal chiefs to go with him, and that they
should take their families into Fort Lyon and leave them there, until their return from Denver in compliance with the governor's
proclamation. He then read them the proclamation. He stated that he knew nothing about the whites holding any prisoners spoken
of in the letter, and that if the authorities at Denver held any he could make no pledges to give them up; that he was acting upon his
own responsibility and would pledge them nothing but what he knew he could fulfil; that chiefs bigger than he would have to decide
that matter in Denver--that, is in relation to giving up the Indian prisoners; that what he had told them they could rely upon; that his
life was a pledge for his words, and that the officers and the men who were with him would sustain him. He then asked each officer
in the council if he indorsed what had been said and the pledges that had been made, all replying that they did. The officers present
were Captain S. S. Soule, Lieutenant Charles Phillips, Interpreter John Smith, and myself. I don't recollect any more that Wynkoop
said at the opening of the council. Black Kettle, in his reply, said he was glad to hear his white brother talk; that he believed he was
honest in what he said, and that he welcomed us as friends; that he believed that their troubles were over if they would follow the
advice of the tall chief, meaning Major Wynkoop; that there were bad white men and bad Indians, and that the bad men on both
sides had brought about this trouble; that some of his young men had joined in with them; that he was opposed to fighting and had
done everything in his power to prevent it; that he believed that the blame rested with the whites; that they had commenced the war
and forced the Indians to fight. He then gave an account of the first difficulties that occurred last winter

PAGE 32

or spring. At first a good deal of stock was stolen from the Indians by the whites, over on or out near the Platte country. Previous to
the fight with the soldiers in the vicinity of the Platte, (by description supposed to be the command of Lieutenant Dunn,) that they
were travelling from the Smoky Hill country and found some loose stock, I think, on the Beaver or Box Elder, and took it with them to
leave at Geary's ranch, and on arriving there found no one at home and took the stock with them. Soon after this they were overtaken
by a party of soldiers who appeared to be friendly, but demanded the stock which they had in their possession----

Commission adjourned until 2 p. m. this day.

Two p. m.--Commission met pursuant to adjournment. Present, all members and recorder.
Examination of Second Lieutenant Joseph A. Cramer, veteran battalion first Colorado cavalry continued.

By the COMMISSION:
-----which they were willing to give up, and offered to do so with the exception of one horse or mule, which they stated to the chief of
the soldiers one of the Indians had off on a hunt and would be back in a day or two, and as soon as he returned, the mule or horse
should be given up. The chief of the soldiers still demanded the mule or horse, at the same time taking from the Indians their arms,
which the Indians supposed were merely to look at. One of the Indians refused to let him take his arms, when he undertook to take
them by force. I am not positive that the Indians fired first, but my impression is that he said the Indians fired first after the attempt to
take the arms by force. I think that the Indians stated that there were three killed or wounded. The Indians then went to the Cedar
Bluffs immediately after this occurrence. Soon after they were attacked by another party of soldiers. Before the attack and while in
camp at or near Cedar Bluffs, one of their herders, a boy, was killed, and another captured--I do not know whether it was a boy or
not--and a number of their herd of stock; I think he said near a hundred head. It may have been more or less; but my impression is
that it was about a hundred. The Indians then became convinced the whites were going to make war on them and prepared to go to
the Arkansas valley; had left a good deal of their property; had rolled up what they could and hid them in the rocks, and while
preparing to start were attacked by a party of soldiers, killing one. I do not recollect that he said any were wounded or not; that he
thought the soldiers were firing on the buffalo-robes in the rocks, and not at the Indians; that they immediately after started for the
Arkansas valley, or words to that effect. I think he also stated that he was near the Indians at the time of the fight with the soldiers on
the Smoky Hill, or but a few days afterwards; that he had prevented them from fighting the whites, as were their intentions; then told
them, could they but see the Indian agent at Fort Lyon it would be made all right; and he kept most of these Indians with him until his
arrival at or near Fort Larned; then they were misused by the commander of the post. They often tried to warn the garrison that the
Kiowas intended to attack the post and run off the herd; that Min-im-mie, one of their chiefs, had warned the commander of the post
and settlers below the post that on a certain day, naming the day also, the Kiowas would attack them and take their herds. Still the
commanding officer would not believe them and still mistrusted them. Some of the young men of the Cheyenne tribe, thinking that
no understanding could be brought about between them and the whites, had joined in with the Kiowas, and on the day named by
Min-im-mie helped take the stock; after this he and Left-Hand both tried to have a talk with the commander of the post and were fired
on in attempting to get into the post. Left-Hand had sent in word that he with his band of warriors would go

PAGE 33

with the soldiers or go alone to recover the stock, and heard nothing from the commander of the post, and then attempted to get in
himself with a white flag, when he was fired upon. He then started up the river with most of his tribe. Some of his young men, whom
he could no longer restrain, started out in war parties and committed some depredations. He, with his main band, kept away from
them, refusing to fight the whites, still believing that the difficulty could be settled upon hearing the proclamation of the big chief at
Denver. He had made every effort to comply with it; that he thought the big chief at Denver was acting in good faith; that he had
repeatedly attempted to communicate with the chief of the soldiers at Lyon and at Larned, but had been unable to accomplish it or to
have any talk; that the men he had sent in had been fired upon, and that he had taken his tribe back to the Smoky Hill, and had there
camped for the purpose of hunting; that after arriving there he had sent Neva, (an Arapahoe sub-chief,) and fourteen others, who
were well known at or near Fort Lyon, for the purpose of getting word to the commander of the post that they did not wish to fight; that
they never had, nor would not unless attacked; that Neva succeeded in getting within a mile or so of the post, and close enough to a
soldier to halloo to him and show him a letter he had for Major Colley, Indian agent. The soldier ran into the post, and soon
afterwards a party of soldiers came out and run them for twenty or twenty-five miles before overtaking them, and upon overtaking
them firing on them and doing no damage. That night, the Indians came back, during a severe rain-storm, for the purpose of fighting
us, and Neva would not let them do it. Neva thought he could kill us all, but did not wish to fight, as he was sent out on a peace
mission. As soon as they returned to the Smoky Hill he (Black Kettle) made every effort to get these war parties to come in, and
succeeded in getting them all but two or three small parties. He then sent in One-Eye and Min-im-mie with the letter to Major
Wynkoop, also one to Colonel Bent, and that they had succeeded in getting into the fort, and that he was glad that Major Wynkoop
had trusted them and came out to have a talk with them; that they were willing to do all and more than he had asked of them; that
they would go with him to Denver and trust to his word, and that they would make all reparation in their power in order that a good
peace might be established, so that they and the whites might be brothers; that they would give up what prisoners they had and try
and get them all, most of which were with the Sioux, if the major would give them time, which he (Wynkoop) agreed to do, he giving
them three or four days in which to accomplish their object. Black Kettle stated that he would be back at the required time if
possible; and if he could not, and the major had gone on to the fort, he would bring them in to Fort Lyon himself. He stated also that
he would have to buy part of these prisoners from the Sioux, and that he might have difficulty in procuring them, and he (Black Kettle)
could make no pledges. Black Kettle also stated that the Sioux did not wish the Cheyennes to make any treaty with the whites in
which they (the Sioux) were not included.
I think that immediately after this speech most of the chiefs expressed their satisfaction in regard to what he had said, and agreed to
be guided by his action. The arrangements were then perfected for going to Denver, provided the Indians complied with what Major
Wynkoop demanded.
Question. What chief appeared to have the most influence in the council with Major Wynkoop?
Answer. Black Kettle and One-Eye.
Question. Did the chiefs in council with Major Wynkoop on the Smoky Hill say they could, in behalf of the tribes they represented,
(Cheyennes and Arapahoes,) make a treaty with the whites?
Answer. They did; and that the action would be bound by Black Kettle.
Question. Did Black Kettle and other chiefs advise Major Wynkoop to move
Ex. Doc. 26-----3

PAGE 34

with his command, two days' march nearer Fort Lyon? If so, what reasons did they give for such advice?
Answer. As I understood it, they advised him to move about a half a day's march--twelve or fourteen miles--while the arrangements
were being made; and at the last of the council I was absent from the council, and in camp, and could not state what passed. I am
of the impression that after the council Black Kettle advised him to move his command to where there was wood and water, to avoid
any difficulty which might occur with his young braves.
Commission adjourned until 9½ a. m. to-morrow, February 24, 1865.


FOURTEENTH DAY.

FEBRUARY 24, 1865.
Commission met pursuant to adjournment. Present, all members and recorder.
Proceedings of yesterday read and approved with the following amendments:
On page 122, 18th line, the word mistrusted to read misused.
The witness, J. A. Cramer, stated that he was unwell, and unable to attend the session of the commission, and asked to be
excused. He was excused by the commission.
Adjourned until 2 p. m this day.

Two p. m.--Commission met pursuant to adjournment. Present, all members and recorder.
The witness, Lieutenant Joseph Cramer, being too unwell to attend the commission to give his evidence, his further examination is
postponed for the present.
First Lieutenant C. C. HAWLEY veteran battalion, first Colorado cavalry, called in by commission to give evidence, being duly sworn
according to law, in presence of J. M. Chivington, testified as follows:
Question. Your full name, age, and rank in the army?
Answer. Charles C. Hawley; aged 25 years; first lieutenant veteran battalion, first Colorado cavalry, and acting ordnance officer
district of Colorado.
Question. How long have you been ordnance officer of the district?
Answer. About seventeen months.
Question. Were you on duty in the district as ordnance officer at the time of and after the organization of the third regiment Colorado
cavalry.
Answer. Yes.
Question. For how long a time was that regiment raised, and how long was it in the service?
Answer. I could not tell how long it was in the service. It was raised for a hundred-days.
Question. Did you furnish the third regiment with arms and other ordnance stores?
Answer. Yes.
Question. State the number, kind, and quality of the ordnance stores issued to the regiment.
Answer:
772 (seven hundred and seventy-two rifles; calibre, 54.
224 (two hundred and twenty-four) muskets; calibre, 69.
16 (sixteen) muskets; calibre, 71.
1,012 (one thousand and twelve) cartridge boxes, infantry.
1,105 (one thousand one hundred and five) cap pouches and picks.
1,019 (one thousand and nineteen) waist-belts and plates.
633 (six hundred and thirty-three) gun-slings.
620 (six hundred and twenty) cartridge-box belts.

PAGE 35

650 (six hundred and fifty) screw-drivers and cone wrenches.
28 (twenty-eight) Sharp's carbines.
58 (fifty-eight) Starr's carbines.
29 (twenty-nine) Starr's revolvers.
2 (two) Colt's army revolvers.
72 (seventy-two) Whitney revolvers.
82 (eighty-two) carbine slings and swivels.
63 (sixty-three) carbine cartridge boxes.
39 (thirty-nine) brush wipers with thongs.
107 (one hundred and seven) pistol-belt holsters.
71 (seventy-one) pistol cartridge pouches.
5 (five) Colt's repeating rifles.
7 (seven) cavalry sabres.
122 (one hundred and twenty-two) sabre-belts and plates.
527 (five hundred and twenty-seven) saddles complete, (pattern of 1859.)
527 (five hundred and twenty-seven) curb-bridles.
376 (three hundred and seventy-six) watering bridles.
500 (five hundred) halters and straps.
624 (six hundred and twenty-four) saddle blankets.
426 (four hundred and twenty-six) surcingles.
515 (five hundred and fifteen) spurs and straps.
562 (five hundred and sixty-two) horse-brushes.
565 (five hundred and sixty-five), currycombs.
354 (three hundred and fifty-four) lariats.
354 (three hundred and fifty-four) picket pins.
500 (five hundred) links.
146 (one hundred and forty-six) nose bags.
245 (two hundred and forty-five) wipers.
14 (fourteen) spring vices.
12,000 (twelve thousand) cartridges; calibre, 71.
9,000 (nine thousand) cartridges; calibre, 69.
11,000 (eleven thousand) cartridges; calibre, 58.
66,000 (sixty-six thousand) cartridges; calibre, 54.
22,500 (twenty-two thousand five hundred) cartridges; calibre, 44.
15,700 (fifteen thousand seven hundred) cartridges; calibre, 36.
1,500 (one thousand five hundred) pounds of lead.
20 (twenty) kegs powder.
15 (fifteen) quires cartridge paper. I believe that is all issued to the third regiment.
Question. Were these articles, as enumerated by you, new when issued to the third regiment?
Answer. The saddles were very nearly all new; a portion of them had seen service, but were in a serviceable condition. The arms, I
believe, had also seen service. The accoutrements were nearly all new; some of them might have seen service.
Question. State the time these stores were issued.
Answer. Most of the horse equipments were issued in November, 1864. The guns and accoutrements were issued, some of them,
in September, and some in October, 1864. I don't recollect that any were issued in November, 1864.
Question. Why were not the horse equipments issued earlier?
Answer. Because I did not have them on hand. They were issued immediately after being received from Leavenworth arsenal.
Question. Have the officers of the third regiment, responsible for these stores, been mustered out of the public service?

PAGE 36

Answer. I presume they have; I have no official information that they have been mustered out.
Question. Have you, before and since the muster out of these officers, received ordnance stores from them?
Answer. Those responsible turned in their ordnance stores on hand to me.
Question. State the kind, quality, and condition of the ordnance and ordnance stores received by you from the third regiment
Colorado cavalry.
Answer:
493 (four hundred and ninety-three) rifles; calibre, 54.
92 (ninety-two) muskets; calibre, 69.
8 (eight) muskets; calibre, 71. As far as the arms are concerned they were in a serviceable condition, but rusty.
658 (six hundred and fifty-eight) cartridge boxes, infantry.
455 (four hundred and fifty-five) cap pouches and picks.
523 (five hundred and twenty-three) waist belts and plates.
358 (three hundred and fifty-eight) gun slings.
279 (two hundred and seventy-nine) cartridge-box plates.
160 (one hundred and sixty) screw-drivers and cone wrenches.
17 (seventeen) Sharp's carbines.
169 (one hundred and sixty-nine) Starr's carbines.
19 (nineteen) Starr's revolvers.
2 (two) Colt's army revolvers.
12 (twelve) Whitney's revolvers.
114 (one hundred and fourteen) carbine slings and swivels.
16 (sixteen) carbine cartridge boxes.
49 (forty-nine) brush wipers and thongs.
43 (forty-three) pistol belt-holders.
5 (five) pistol cartridge pouches.
13 (thirteen) cavalry sabres.
59 (fifty-nine) sabre belts and plates.
412 (four hundred and twelve) saddles complete; pattern 1859.
382 (three hundred and eighty-two) curb bridles.
275 (two hundred and seventy-five) watering bridles.
225 (two hundred and twenty-five) halters and straps.
80 (eighty) saddle blankets.
239 (two hundred and thirty-nine) surcingles.
193 (one hundred and ninety-three) spurs and straps, (pairs.)
321 (three hundred and twenty-one) horse brushes.
342 (three hundred and forty-two) currycombs.
50 (fifty) lariats.
64 (sixty-four) picket pins.
139 (one hundred and thirty-nine) links.
22 (twenty-two) wipers.
4 (four) spring vices.
1,000 (one thousand) cartridges; calibre, 54.
17,050 (seventeen thousand and fifty) cartridges; calibre, 52.
11,000 (eleven thousand) cartridges; calibre, 44.
1,000 (one thousand) cartridges; calibre, 69.
10,000 (ten thousand) cartridges; calibre, 71.
1,000 (one thousand) cartridges; calibre, 36.
700 (seven hundred) pounds of lead.
12 (twelve) kegs powder.
Question. State the deficiency of ordnance stores.
Answer:
279 (two hundred and seventy-nine) rifles; calibre, 54.
132 (one hundred and thirty-two) muskets; calibre, 69.

PAGE 37

8 (eight) muskets; calibre, 71.
354 (three hundred and fifty-four) cartridge boxes, infantry.
650 (six hundred and fifty) cap pouches and picks.
496 (four hundred and ninety-six) waist belts and plates.
275 (two hundred and seventy-five) gun slings.
341 (three hundred and forty-one) cartridge-box plates.
490 (four hundred and ninety) screw-drivers and cone wrenches.
11 (eleven) Sharp's carbines.
10 (ten) Starr's revolvers.
60 (sixty) Whitney's revolvers.
3 (three) carbine cartridge boxes.
64 (sixty-four) pistol belt-holders.
66 (sixty-six) pistol cartridge pouches.
5 (five) Colt's repeating rifles.
63 (sixty-three) sabre belts and plates.
115 (one hundred and fifteen) saddles, complete; pattern of 1859.
145 (one hundred and forty-five) curb bridles.
101 (one hundred and one) watering bridles.
275 (two hundred and seventy-five) halters and straps.
544 (five hundred and forty-four) saddle blankets.
187 (one hundred and eighty-seven) surcingles.
322 (three hundred and twenty-two) pairs spurs and straps.
241 (two hundred and forty-one) horse-brushes.
223 (two hundred and twenty-three) currycombs.
304 (three hundred and four) lariats.
290 (two hundred and ninety) picket pins.
371 (three hundred and seventy-one) links.
146 (one hundred and forty-six) nose bags.
223 (two hundred and twenty-three) wipers.
10 (ten) spring vices.
65,000 (sixty-five thousand) cartridges; calibre, 54.
11,500 (eleven thousand five hundred) cartridges; calibre, 44.
8,000 (eight thousand) cartridges; calibre, 69.
2,000 (two thousand) cartridges; calibre, 71.
14,700 (fourteen thousand seven hundred) cartridges; calbre, 36.
11,000 (eleven thousand) cartridges; calibre, 58.
800 (eight hundred) pounds lead.
8 (eight) kegs of powder.
15 (fifteen) quires cartridge paper.
Question. State the time when you received ordnance and ordnance stores from officers of the third regiment.
Answer. In the latter part of December, 1864, between the 20th and 31st.

Direct examination closed. Cross-examination by J. M. Chivington, late colonel, &c.:

By J. M. CHIVINGTON:
Question. Were any of the arms mentioned by you as having been issued to the third regiment Colorado cavalry returned to you, and
others issued instead thereof?
Answer. Yes; I believe Captain Johnson turned in some arms and received carbines instead.
Question. Does the list of ordnance and ordnance stores comprise all the ordnance and ordnance stores issued by you to the third
regiment?
Answer. It does, I believe, with the exception of ammunition issued to Captain Morgan of the battery, and two howitzers and their
equipments.

PAGE 38

Question. Is the list of property returned all the property returned, or is it a list of that only returned when the third regiment was
mustered out?
Answer. It is a complete list with that exception, Captain Morgan's battery.
Question. Was not some of the ordnance and ordnance stores just mentioned by you exchanged by officers of the third regiment,
invoiced and receipted for as original issues?
Answer. Not to my knowledge. I have no record of that kind in my office.
Question. Were you able to fill all the requisitions made by officers of the third regiment for ordnance and ordnance stores?
Answer. I was not.
Question. Had the third regiment cannon or howitzers; if so, from whom did they get them?
Answer. I stated before that Captain Morgan drew two from me.
Question. What was the date of the shipment of the horse equipments mentioned by you, from Leavenworth, and when did they
arrive at Denver?
Answer. To the best of my belief they were shipped on the first of August and arrived at Denver, I think, the latter part of October or the
beginning of November. That was the first shipment of saddles.
Question. Do you know whether any of the officers of the third regiment turned in or over any of their ordnance or ordnance stores to
any person besides yourself?
Answer. I do not.
Question. Do you know whether any of the deficient ordnance or ordnance stores were charged to the enlisted men of the third
regiment on their muster rolls?
Answer. I do not. Those that made their returns sent them in to my office, of which I took a copy. I never examined them, and cannot
tell whether any ordnance or ordnance stores were charged to the men.
Question. Will you state why powder and lead were issued to the officers of the third regiment, in some instances, instead of
cartridges?
Answer. Because I had no cartridges to issue.
Question. Please state the date of the order, and from whom received, directing the officers of the third regiment to turn in their
ordnance and ordnance stores.
Answer. The order was received from Colonel Chivington, commanding district of Colorado. I do not recollect the exact date.
Question. What was the date of the issue to the third regiment of the last of the ordnance or ordnance stores received by the third
regiment?
Answer. I cannot tell the exact date; it was just previous to the departure of the third regiment for Fort Lyon.

By the COMMISSION:
Question. Did you issue ordnance and ordnance stores to officers of the third regiment as fast and as soon as you received the
same from the east?
Answer. Yes.
Question. What is your means of knowledge as to the officers of the regiment having been mustered out of service?
Answer. I know from hearsay.
Cross-examination of First Lieutenant Charles C. Hawley closed.

Commission adjourned until 9½, a. m. to-morrow, February 25, 1865.



FIFTEENTH DAY.

FEBRUARY 25, 1865.
Commission met pursuant to adjournment. Present, all members and recorder.
Proceedings of yesterday read and approved, with the following amendments: On page 135, first line to third question, "quality" to
read "quantity."

PAGE 39

Re-examination of First Lieutenant Charles C. Hawley, veteran battalion first Colorado cavalry, in presence of J. M. Chivington:

By the COMMISSION:
Question. You spoke of some ordnance or ordnance stores being exchanged by officers of the third regiment, when such articles
were brought in to be exchanged. Did you give receipts and receive invoices for them; and when you issued others in their stead did
you give receipts and take invoices for them?
Answer. I did.
Re-examination of First Lieutenant Charles C. Hawley closed.

A. STOCK, esq., called in by commission to give evidence, being duly sworn according to law, in presence of J. M. Chivington late
colonel, &c., testified as follows:

By the COMMISSION:
Question. Your full name, residence, and profession?
Answer. Amos Stock; residence, Denver, and by profession an attorney-at-law.
Question. How long have you been a resident of Colorado?
Answer. Five years last May.
Question. Were you present at a council last summer, at Camp Weld, (near Denver,) with certain Indian chiefs?
Answer. No; I was not present last summer at any council of that kind, and know of none at that time. I was present at a council with
the Indians on or about the 27th of last September, at Camp Weld, near the city of Denver.
Question. Who were present at that council?
Answer. I am not able to tell who all of those were that were present. But on the part of the Indians there were Black Kettle, White
Antelope, and Bull Bear, representing the Cheyennes; and Neva, Heap Buffalo, Knock Knee, and another Indian and brother of
Knock Knee and Heap Buffalo, all half-brothers of Left Hand, as I understood from the interpreter, Governor Evans, and the whole
audience. On the part of the whites there was Governor Evans, who conducted most of the business of the interview at that time.
There were also present Simeon Whiteley, James McNassar, Captain J. Bright Smith, Sheriff Robert S. Wilson; I believe they were
all the civilians present. Of the military present whom I recognized and now remember, were Colonel John M. Chivington, Major
Wynkoop, Captain Sam. Robbins, Captain S. S. Soule, Captain Sanborn, Lieutenant Hawley, Lieutenant Cramer, and the rest of the
military I do not remember. There were several others. John Smith was present as interpreter; also, I think, Sam. Ashecraft. Simeon
Whiteley acted as secretary, at the instance of the governor. How fully he took the notes I am not able to state.
Question. Who did the talking and business there transacted on the part of the whites?
Answer. Mainly Governor Evans; also Colonel Chivington and Major Wynkoop. The latter interposed one remark at the instance of
the governor. My impression is that was all that was said by him (Wynkoop.)
Question. Who on the part of the Indians?
Answer. Black Kettle, White Antelope, Bull Bear, and Neva spoke on behalf of their people. The other three said nothing.
Question. State what was said and done by the parties present at the council?
(John M. Chivington respectfully objects to the introduction of oral testimony concerning the proceedings of the council between
Indians of the Arapahoe and Cheyenne tribes and Governor Evans and others, held at Camp Weld on or about the 27th September,
1864, for the reason that it appears from the evi-

PAGE 40

dence of Captain Silas S. Soule and Amos Stock, esq., that the proceedings of that council were reduced to writing by Simeon
Whiteley, acting as secretary to Governor Evans, and such record is, therefore, the best evidence of the proceedings of that council,
and should be introduced, or its absence accounted for, before secondary evidence is offered. For this reason I object to the
question.)
Commission cleared for discussion.
Commission adjourned until 2 p. m. this day.

Two p.m.--Commission met pursuant to adjournment. Present, all members and recorder.


Decision of commission relative to the objection of J. M. Chivington to the last question before adjournment.
It appearing from the evidence of Captain Soule that the Indian chiefs, while in council at Camp Weld, near Denver, last September,
were not permitted to state their grievances, and that they had suffered by the depredations of the whites, and it not appearing to the
satisfaction of the commission that the said Simeon Whitely was sworn to make a faithful record of the proceedings, having the
same submitted for the approval of the members of the said council; also, a majority of the commission having, since the
adjournment, called upon the acting governor of the Territory, and being informed by him that he understood the notes made by
Simeon Whiteley to be merely a private memorandum, made for the use of the governor, and not a matter of record in the executive
office, except the pencilled notes of the said Whiteley, which were on file; the commission is of opinion that there is no official record
of the proceedings of that council, and therefore overrule the objections of John M. Chivington, and decide to introduce oral
testimony to have what was said and done in the council at the place and time aforesaid.

Examination of Amos Stock, esq., continued:
Answer. It was mainly said, not done. The Indians shook hands with everybody in the room, and smoked their pipe, which was
passed from one to another, immediately after which the governor requested of Interpreter Smith to ask the Indians what they had to
say; whereupon Black Kettle began his speech, and said, in substance, that he had seen Major Wynkoop and his command out in
the Indian country when he had come and met him and his people, and that he had come to reclaim some prisoners which they
had in their possession, and who had been captured somewhere on the Platte and down on the Blue; that he held a parley with
Major Wynkoop, and desired him to make peace with the whites and his people. He said he was anxious for peace, and would
deliver up the prisoners they had in their possession, and did deliver them, I believe he stated; but Wynkoop told them that he was
not authorized to make any peace, but would guarantee their safe conduct to Denver, to the governor of the Territory, with such of his
chiefs as might go along. He said that he had great apprehensions, in agreeing to the proposal of Major Wynkoop, for his and their
personal safety in leaving his people to come to Denver to see the governor, but that he relied upon his good faith; that he would
see them through safely, and that if a peace could not be made, Wynkoop had promised to conduct them back to their own people,
and that they should not be harmed. He said that their people had been living under a cloud, and that he and his brothers had come
to hear the word of the governor that would dispel those clouds and let the light of peace shine upon them again. He said that such
were his fears for their personal safety on this trip that it was like passing through a flame of fire, but that he had closed his eyes
and passed through the fire, and was now here to know if the Great Father would not make peace with them and their people. There
was a great deal more poetry about it, but it has

PAGE 41

escaped me, but those two similes I recollect well. He said frequently in the course of his speech that he was anxious for peace,
and the people whom those men then represented were also anxious for peace with the white men. My impression now is that,
before he made his speech, one of the Indians--I think it was Bull Bear--or it may have been some time afterwards, during that
interview, said that they had counseled together, and had all agreed that whatever Black Kettle said and agreed to in that council,
that they would all agree to; that they understood his views and fully assented to them. After Black Kettle had closed his speech the
governor replied that he at one time was fully authorized to make peace with their two tribes, (the Cheyennes and Arapahoes;) that
he had endeavored to do so; that he knew that there had been much discontent among them towards the whites; and that for the
purpose of making peace, he had gone down into their country about a year previously, on to the Republican, and had sent word to
their chiefs and headmen to come in and make peace, but that they had refused to do so; that Bull Bear sent him word when down
in that country that he was willing himself to make peace, but that his young men said that they could live without their great father, or
any assistance from him. Bull Bear immediately interposed, and said that's true. The governor said, I could then have made a
peace with you, but I have no authority to do so now, and I fear that what you want is peace during the winter which is coming on,
and that in the spring, when the grass grows, you will again begin to plunder our people and kill our settlers; that they had murdered
our people and run off their cattle and stock, and would do so again in the spring; that up to this time you (the Indians) have killed
more of our people than our soldiers have killed of you; that you have the advantage of us in that because we were not ready to fight
you; but now we are ready.
He said that he had issued a proclamation, which he had sent out by runners to their people, telling them to come in to the military
posts, and they had not done so. That the great father was determined to punish them. That he had soldiers to put down this
rebellion and to put them down too, and that he assuredly meant to do it. That soon the plains would swarm with soldiers and they
might rest assured that they would be punished. That all that were friendly disposed towards the whites, by his proclamation were
required to come in to the military post, and those that would not would be hunted out and punished.
He said that all he could tell them was that all who were friendly disposed to the whites should do as he had told them in the
proclamation. The conversation became desultory during the governor's speech, and continued so till the close of the interview
between Governor Evans and them. They said (which one I don't remember) in reply to what the governor had said about coming to
the post under his proclamation, that as soon as it was read to them by a half-breed that was among them, they wrote a paper,
which Bull Bear's brother carried to commander of soldiers that had come into their country, and that he got off his horse, and tied
him to one of the wagons of the command, and was advancing unarmed, with the paper in his hand, towards the military, when he
was shot down and killed. The governor made no inquiry concerning this killing, no allusion whatever, but said you must go to the
military posts and lay down your arms and submit to the military authorities. One of them said in reply to that, "How are we to subsist
ourselves and people?" that "we must be fed and provided for at the posts if we come in with our people," or we must live on the
edge of the buffalo country in order to subsist our people. The governor said that he left that to them and the military authorities. They
said that they would endeavor to bring in their people to the military posts. That they wanted peace, and the governor said that you
must not only go to the military posts and lay down your arms, but you must also show your good faith and desire for peace with the
whites by joining the soldiers to punish the Indians

PAGE 42

that were hostile--those that would not come in and lay down their arms. And they said they would do it. The governor inquired of
them "who killed the Hungate family?" Neva promptly answered "the Arapahoes did it." He, the governor, explained to them that it
was out on Running creek, about twenty-five or thirty miles from Denver. The governor then inquired particularly what Indians did it.
Neva said it was Big Roman Nose and some two or three others. He then asked them "where is Roman Nose?" He said that he
had gone off north somewhere, and that he had not seen him, but knew that he did it, and his people knew that he did it. The
governor inquired about a depredation, as I understood it, down on the Fontaine-que-buille, and the Cheyennes (either Bull Bear or
White Antelope) said they did it. White Antelope or Bull Bear said that a long time before that, while crossing from their country,
crossing down toward the Platte via the Bizyou, they found a horse and a mule--I think they said a white horse--that had strayed
away in the bluffs, far beyond the care of their owners, and that going on down towards the Platte they met a man to whom they gave
the horse, and that afterwards when they got to Geary's they left the mule with Geary and passed on. A short time afterwards they
were attacked by some military command and one of their greatest braves was shot in the hip; and he said that he won't die, but that
he was crippled for life, and was no use, and would be a charge on our people for life. Immediately after that was said, and upon the
instant, White Antelope said, "There, governor, is the beginning of this war." The governor made no inquiry respecting it--made no
answer. They appeared anxious to tell it, but the subject was changed, and the governor directed the interpreter to inquire in regard
to other matters. The governor told them that we have just to-day received news of a great victory in the east, and that the rebellion
would be put down, and that they (the Indians) would be put down too. By that time it began to get late in the day, and the
conversation began to get so desultory between the governor and the Indians as to somewhat weary me with the interview, so that I
stepped out. In a moment or two afterwards I saw Colonel Chivington take his position in the middle of the floor, standing up, as I
moved to the door, and he told Smith that they must go down to the military posts and lay down their arms and submit to the
authorities as the governor had told them. He said: tell them that the soldiers in all this country are under my command; that he was
not much of a speech-maker, but that his business was to fight. He said that was all he had to say. Immediately after the whole
interview terminated. During the interview, when the governor was making inquiries who committed the depredations at various
places, Neva said "We haven't come here to talk about the past; we have been fighting you, and are willing that bygones should be
bygones; what we want is peace for the future," and Bull Bear said that he might be killed in endeavoring to make peace as his
brother had been, but that he was ready to die if peace could be had for his people. This last matter of Neva and Bull Bear should
have been mentioned in the body of my testimony. That constitutes all I know in answer to that question. They also said that they
were willing to exchange the property that they had taken for the property taken from them.

By COMMISSION:
Question. What did Governor Evans say to the Indian chiefs in council they must do in order to secure peace with the whites?
(J. M. Chivington objects to the question for the reason that the question suggests to the witness the answer which the commission
seeks to draw from him, and for the reason that the witness has already stated all that he can recollect that was said by Governor
Evans.
Objection overruled by the commission.)
Answer. He said that all those who were friendly to the whites must come

PAGE 43

in to the military and lay down their arms, and that they must also show their sincerity by joining the soldiers in punishing the
Indians who would not do so, and they agreed to do it.

By COMMISSION:
Question. What did Colonel Chivington tell them they must do in order to secure a peace with the whites?
(J. M. Chivington respectfully objects to the question for the reasons that it has not been shown that Colonel Chivington made any
statement such as is assumed to have been made by the language of the question, and for the reason that the witness has already
given the language used by Colonel Chivington.
Objection overruled by the commission.)
Answer. I have already told substantially all that he said.
Commission adjourned until 9½ a. m., February 27, 1865.

SIXTEENTH DAY.

FEBRUARY 27, 1865.
Commission met pursuant to adjournment. Present, all the members and recorder.
Proceedings of Saturday read and approved with the following amendments:
Page--, line--, words "I think" to be omitted. In -- line to second answer, "at the instance of the governor," to read, "by permission of
the governor." Page--, line--, after the word "Smith" insert "to tell the Indians." Page--, line--, in second answer, after the word
"military," insert the word "posts." Recorder stated to the commission that he was unwell, and not able to record the proceedings,
and requested an adjournment until 9½ a. m. to-morrow.
Commission adjourned until 9½ a. m., February 28, 1865.
SEVENTEENTH DAY.

FEBRUARY 28, 1865.
Commission met pursuant to adjournment. Present, all the members and recorder.
Proceedings of yesterday read and approved.
Examination of Amos STEEK in presence of J. M. Chivington continued.
Amos Steek, esq., stated that he forget to mention in the body of his evidence that the chiefs White Antelope, Bull Bear, and Neva
stated that two thousand or twenty-five hundred hostile Sioux Indians had crossed the Platte towards the south, and I think they said
were on the Republican. That was in reply to a question asked by Governor Evans at the council at Camp Weld.
Direct examination of Amos Steek, esq., closed.
Cross-examination of Amos Steek, esq., by J. M. Chivington, late colonel, &c.
Question. In the council had by Governor Evans, with the Indians at Camp Weld, did any person attempt to stop the Indians from
telling all they desired in regard to their difficulties?
Answer. No, I do not know that anybody stopped them--don't think anybody did. Neva said that they did not come to talk of bygones
and was willing to let bygones be bygones--that they desired to talk of the future. This was in response to some inquiry of the
governor relative to some depredations committed by them. They admitted that they (their people) had been fighting the whites. They
neither admitted nor denied that they themselves, as individuals, committed any depredations.
Question. Did they say to what tribe the Indians belonged who stole the government stock from Lieutenant Chase on the head of
Squirrel creek or Jemmey's ranch in September?
Answer. I do not know that any time was mentioned, but it is the same event

PAGE 44

of which I spoke in the body of my testimony as having taken place down south near the "Fountain-qui-bouit," as I thought, and they
answered the Cheyennes did it. I think it was Bull Bear who answered.
Cross-examination of Amos Steek, esq., by J. M. Chivington, closed.

Re-examination of Amos Steek, esq.

By COMMISSION:
Question. Was the interpreter, John Smith, stopped when he attempted to make known what the Indian chiefs had said in council in
reference to what they had suffered by the whites?
Answer. He began to tell something once--it may have been twice--which they had said, and directions were given to him to ask
some question by the governor, but what they had said which Smith was about to tell I do not know, and it was at the time they were
telling about the attack made upon them after they had left the mule at Geary's, and after they had told about Bull Bear's brother
being shot down when he had the paper in his hand; and, further, at the time when this occurred the conversation had become very
desultory.
Re-examination of Amos Steek, esquire, closed; commission adjourned until 2 p. m. this day.
Military Investigation of the Sand Creek Massacre
Silas Soule                        8 – 29
Joseph Cramer part 1   29 – 33
Charles C. Hawley         33 – 39
Amos Steck                     39 – 44
(misspelled in doc)
Index of Testimony
Joseph Cramer part 2   44 – 68
James P. Beckwith       68 – 76
Naman D. Snyder         76 – 81
Linden Mullin               81 – 83
Edward W. Wynkoop  83 – 103
John W. Prowers  103 – 109
James D. Cannon  109 – 115
James M. Combs  115 – 134
David H. Louderback  134 – 141
George M. Roan        141 – 142
Lucian Palmer           142 – 145
Amos D. James           145 – 146
William P. Minton      146 – 149
James J. Adams         149 – 152
Chauncy M. Cossitt     152 – 158
Soule murdered          158
Cyrus L. Gorton           160 – 163
Reports                       165 – 174
George L. Shoup        175 – 179
Andrew J. Gill             179 – 180
Clark Dunn                  180 – 183
Lipman Meyer           184 – 190
Theodore G. Cree     190 – 192
Samuel P. Ashcroft   192 – 194
Stephen Decatur       194 – 200
Henry H. Hewitt          200 – 202
Dr. Caleb Birdsal       202 – 204
B. N. Forbes               204 – 207
Presley Talbot           207 – 211
               218 – 219
Harry Richmond         211 – 212
Simeon Whiteley       212 – 218
Alexander F. Safely   219 – 222
Thaddeus P. Bell       223
Jay J. Johnson           224 – 225
William H. Valentine  225 - 227
This
Section 1                 Page
“Sand Creek Massacre” – United States Congress,
Senate.  
Report of the Secretary of War, Sand Creek
Massacre
, Sen. Exec. Doc. No. 26, 39 Cong., 2 sess.  
Washington, Government Printing Office, 1867
.
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