NOTES FOR PART 1 - THE HUNGATE MURDERS
1 Ed. L. Miller, Murder at the Hungate Place June 11, 1864 (unpublished manuscript, 2001), 49-60. The Denver Commonwealth, June 15, 1864, indicates the mother and daughters were found about 400 yards from the house. The report commonly called the Freighter's Report, dated June 13 (Official Records of the War of the Rebellion, Series I, Vol. XXXIV, 354) indicates the bodies were found 100 yards from the house. As will be seen later, because of the proximity of the house with Running Creek, the 100 yard estimate makes more sense. Perhaps the newspaper article mistyped 400 for 100.
2 The actual location of the homestead is presently unknown, and is placed by others on Comanche Creek anywhere from a few miles north of Highway 86 to a few miles south of Highway 86. I determined my location according to the affidavits in the Dietemann Indian Depredation claim, which is noted in the text.
3 Apollinaris Dietemann Indian Depredation Claim #4941. Indian Depredations Claims Division, Record Group 123. National Archives Building, Washington, DC.
4 The Denver Commonwealth, June 15, 1864. Western History Department, Denver Public Library, Denver, CO.
5 The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies (Washington: Government Printing Office, 1891), Series I, Volume XXXIV, Part IV, 319-320. Hereafter cited as Official Records. Notice that in this appended note Evans says that the Hungate killings occurred in the afternoon. Thus it was impossible for him to be aware of it in Denver at 12:00 p.m., June 11, which is implied in the original missive. Also, the messenger is said to have had his house burned, too. It is possible that Thomas Darrah was a neighbor of the Hungates, suffered lost stock at about the time things went tragic for the Hungate family, went to Denver to report his loss and on the way discovered the Brown loss (which was on the road to Denver), informed Brown in Denver of his loss, then delivered the order to Davidson from Evans. It is after this that the Hungates are discovered murdered. Darrah, Corbin and Brown inform Governor Evans of the murders late in the evening of June 11. In other words, Darrah reports to Evans twice, once on June 10 (his stock is stolen plus Brown's stock is stolen), and again late in the day on June 11, this second time accompanied with the other freighters, and now with the news of the Hungate murders.
6 Official Records, 320-321. From this report, compared to the report dated June 12 (endnote 5), the chronology is that Evans first hears of the stolen stock from Darrah, and after responding to this depredation, he later learns of the Hungate murders.
7 Official Records, 354-355.
8 John M. Carroll, The Sand Creek Massacre: A Documentary History (New York, NY: Sol Lewis, 1973), VI.
9 Official Records, 422. In a letter dated November 10, 1863, Evans gives North's statement: "The Comanches, Apaches, Kiowas, the northern band of Arapahoes, and all of the Cheyennes, with the Sioux, have pledged one another to go to war with the whites as soon as they can procure ammunition in the spring. I heard them discuss the matter often and the few of them who opposed it were forced to be quiet and were really in danger of the loss of their lives … the principal chiefs pledge to each other that they would shake hands and be friendly with the whites until they procured ammunition and guns, so as to be ready when they strike. Plundering to get means has already commenced, and the plan is to commence the war at several points in the sparse settlements early in the spring." (Official Records, 100, emphasis added).
10 See, for example, Stan Hoig, The Sand Creek Massacre (Norman, OK: University of Oklahoma Press, 1961), 58-59 Margaret Coel, Chief Left Hand: Southern Arapaho (Norman, OK: University of Oklahoma Press, 1981), 189-190 Gary Leland Roberts, Sand Creek: Tragedy and Symbol (Ann Arbor, MI: UMI Dissertation Services, 1984), 244-245 Ed. L. Miller, Murder at the Hungate Place, 97-100, 129-132. The ranch hand, Mr. Miller, gets added to the affair in 1892, when an unidentified man is there reported to have been with Nathan Hungate when they saw the ranch on fire. The unidentified man races to Denver while Nathan rushes to his death in a vain attempt to save his family. See The Denver Republican, May 27, 1892. Mr. Miller is named as the unidentified man in 1935, when Van Wormer's daughter has her account of the deaths recorded in The Colorado Magazine, Vol. 12, 1935. On this standard view, the messenger reporting to Evans is mistaken as Miller.
11 "Depredations" Report, Department of the Interior, Office of Indian Affairs, Entry 96, Letters Sent, 1890, 20-21, Record Group 75, National Archives Building, Washington, DC.
12 It should be noted that the 10,000 depredation claims in Record Group 123 were nearly all ultimately rejected from compensation. The cause for rejection was not that the claims were deceitful, but rather that there was some technicality in filing. The claims consulted for this article were not approved. Philip Gomer's claim was rejected because he was residing in Indian Territory in 1864. The land was not turned over for settlement until October 14, 1865. Gomer was unable to prove he was lawfully residing in Indian Territory at the time of his losses. No file exists for the Hungate family, but the likelihood is that claim would also have been denied for the same reason.
13 "Depredations," 19-24.
14 "Public Act No. 139, for the adjudication of claims arising from Indian depredations." The Carl Albert Center, The University of Oklahoma, Sidney Clarke Collection, Box 6, Folder 32, Norman, Oklahoma.
15 Philip P. Gomer Indian Depredation Claim #693. Indian Depredations Claims Division, Record Group 123. National Archives Building, Washington, DC.
16 Gomer Indian Depredation Claim. Gomer's depredation claim includes, in a later filing, an affidavit from Gomer's sister, Martha Quinlan, who states that she was at the home, alone, and witnessed the lone Indian steal the stock. She further states that it was shortly after the noon meal that "a man rode by and said the Hungate family had all been murdered by Indians." This contradicts what Catherine Ferguson said in her 1865 affidavit that it was only after returning from trying to recover the stolen stock that she was informed of the Hungate murders. Obviously if she knew of the Hungate murders before the lone Indian stole the horses she would have been very reluctant to follow him for two miles in an attempt to recover the horses. It is possible that there were two adjoining homes, with one woman in each home, and thus both women report what they remember. While this could explain the discrepancy in testimony, the fact that neither affidavit mentions the other woman being present, coupled with the fact that Quinlan's affidavit is taken August 27, 1886, more than twenty years after Catherine's testimony, it is more likely that Martha Quinlan was not present on the ranch June 11, 1864.
17 The depredation file officially states that the Brown loss occurred June 9 or 10 (in more than one place June 10 is overwritten as June 9 or 10), 1864, and Darrah's testimony simply states that his loss was suffered at the same time of Brown's loss. Studying the file however, shows the more likely scenario that Darrah suffered his loss and then discovers the Brown depredation and informs Brown of such (in Denver). For that time sequence to occur, it appears more likely that their losses occurred at least a day before the Hungates were murdered.
18 John Sidney Brown Indian Depredation Claim #2196. Indian Depredations Claims Division, Record Group 123. National Archives Building, Washington, DC.
19 Brown Indian Depredation Claim.
20 It seems odd at first glance that a freighting outfit would be so poorly armed, but until this time there had been little molestation on the trails to and from Denver, hence there was little need to be well armed, a fact noted in the affidavits of the depredation file several times. The purpose of freighting was to deliver the goods to their destination, so there was not time to hunt near the trail, and thus little need for rifles and having each teamster armed. Of course, this changed after June 11, 1864.
21 Brown Indian Depredation Claim, Statement of Loss, 15.
22 Brown Indian Depredation Claim. In another affidavit Hammer gives more detailed testimony: "The Indians came over the hill yelling and flirting buffalo robes. There were two Indians then they were 20 or 25 feet of the mules when I first saw them. The Indians dashed in between the wagons and men and where the mules were. The Indians rode between the mules and the wagons. When this dash was made the men were in front of the train from 5 to 20 feet of it, varying. When the dash was made we rushed out to do all we could to get hold of the stock, but they were frightened by the buffalo robes and this prevented us from getting them. We had small fire arms, two or three in the train. All the men did not have arms. To the best of my knowledge only three wore arms. In the excitement the fire arms were not thought of until the stampede was thoroughly started and the horses and mules were taken. There were horses and mules in the train besides those belonging to claimants. There were four tied to a wagon. The wagon was joining ours in the corral of wagons. I do not remember the name of the owner. It was one wagon and one man he asked to travel with us. He was with our men when the attack was made. There were 8 men in all, 7 of Brown Brothers' men and one unknown man. The man who owned the four mules tied to the wagon refused to let us have them and declined to join in the pursuit himself. I asked him for the use of the mules. He positively refused and broke down and cried like a child when I had temporarily taken them by force, guaranteeing to pay for the mules if lost. He did not join in the pursuit. The man was about 35 years of age. He had been traveling with us five or six days. He did not finish the trip with us. He went ahead of us. We used two of his mules in pursuit of the Indians. The other two were so wild we could not get on them. We followed the Indians from about noon until dusk." Statement of Loss, 13.
23 Brown Indian Depredation Claim
24 Brown Indian Depredation Claim, Statement of Loss, 2.
25 Brown Indian Depredation Claim, Statement of Loss, 2, emphasis added. There is a minor discrepancy in the Brown depredation file regarding the Hungate home. In what appears to be the earliest affidavit, dated February 9, 1888, the typed deposition says the Hungate home was burned, but the word "burned" is crossed out and the word "pillaged" is placed in its stead. The earliest documents about the Hungate murders all state that the cabin was burned to the ground, and indeed, the evidence from modern archeology reinforces that fact. It appears the later report was amended because of the further statement that a note was pinned on the cabin. Perhaps the note was simply pinned on some wooden object that somehow escaped the burning.
26 Brown Indian Depredation Claim, Claimants' Request For Findings of Fact, 9, emphasis added.
27 Official Records, 319-320.
28 Brown Indian Depredation Claim, Claimants' Reply Brief, 4, emphasis added.
29 Brown Indian Depredation Claim, Statement of Loss, 12.
30 Jeff Broome, Dog Soldier Justice: The Ordeal of Susanna Alderdice in the Kansas Indian War (Lincoln, KS: Lincoln County Historical Society, 2003), 76, 118.
31 The Denver Commonwealth, June 15, 1864, emphasis added.
32 C. C. Augur, General Orders No. 14, Headquarters Department of the Platte, Omaha, Nebraska, March 2, 1867. Part 1, Department of the Platte, Letters Sent, 1867, Record Group 393, National Archives Building, Washington, DC.
33 Royal and Becky Moore are the property owners of this historic site and from the arrangements of Dr. Ed. L. Miller of the University of Colorado at Boulder, the chair of my dissertation committee in 1998, the Moores gave me permission to metal detect the site, which is today a pasture. The site is about 100 yards to the south of County Line Road and about 150 yards east of Running Creek and about 200 yards west of the junction of County Line Road (Rd 50 for Arapahoe County and Rd 194 for Elbert County) with Rd 29. The precise location is identified as the N. E. quarter of Section 3, T6S, R64W, 6th p.m.
34 The numerous nails show that the Hungate home was constructed mostly of wood and not sod, thus supporting the hypothesis of the house burning.
35 These items were examined in Lincoln Nebraska on August 17, 2001, by Dr. Doug Scott, Chief of the Rocky Mountain Research Division, Midwest Archeological Center, National Park Service, and Richard Harmon, noted Indian wars archeologist and weapons expert respectively. Nearly all of the items were dated from the era of 1864. The most remarkable item was the exploded Warner carbine. The Spencer shell casings were established as being fired from the Warner. The Warner carbine had exploded when it was fired, not because of the house fire. This indicates it was fired repeatedly until it became too hot and the barrel then slightly separated from the stock, thus causing it to explode when fired. It was then burned. What is remarkable about this weapon is that it was brand new in manufacture in 1864 and is today a rare weapon to collect. That it is linked to the Hungate site shows that Nathan was well armed in weapons, and further, he had the money to acquire such a weapon. The analysis of this weapon alone solidified for me the belief that there was a siege at the Hungate place. The other weapons would have been stolen by the Indians, and there would not have been an exploded Warner if Nathan Hungate was away when the Indians attacked his family, killed them, pillaged the house and then burned it, thus alerting Nathan from the ensuing smoke that his family was in grave danger, which is the standard view of the Hungate tragedy. It is false.
36 Robert L. Akerley, "Cultural Resources Inventory of Ward Hungate Family Massacre Site." In an unpublished article "An Overview of the Ward Hungate Family Massacre," Akerley repeats the standard interpretation of what befell the Hungate family. Both articles are unpublished but available at the Aurora History Museum, Aurora, CO.
37 This hypothesis regarding what happened to the Hungate family is exactly what happened in other recorded instances involving Cheyenne and Arapahoe warriors. In 1865 a similar tragedy befell the William Morris family near present-day Merino, Colorado. See Nell Brown Propst, Forgotten People: A History of the South Platte Trail (Boulder, CO: Pruett Publishing Company, 1979), 90-92.
38 Ed. L. Miller, Murder at the Hungate Place, 57.