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The Sand Creek Massacre
Report of the Secretary of War
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Two p. m.--Commission met pursuant to adjournment. Present, all members and recorder.
Second Lieutenant Joseph A. Cramer recalled by the commission and in presence of J. M. Chivington, late colonel, &c., testified as follows:

By the COMMISSION:
Question. Did Black Kettle and other chiefs of the Cheyennes in council with Major Wynkoop say the Dog soldiers of their tribe were under their
control and subject to their (the chiefs) orders?
Answer. I don't recollect; I think Black Kettle stated the Dog soldiers were renegades from the different bands of Cheyennes and Arapahoes, whom
they were not able to control. It may have been the interpreter or others who made this statement.
Question. How many of the Cheyenne tribe are known as Dog soldiers?
Answer. I do not know.
Question. Did Black Kettle afterwards bring the white prisoners into Fort Lyon? If so, what did he say respecting them?
Answer. He brought three, and Left-Hand one, into our camp, and then accompanied us to Fort Lyon.
Question. What did the white prisoners say of their treatment by the Indians while in their possession?
Answer. That they had been treated well after the first two or three days. The only mistreatment they complained of was in being obliged to ride night
and day for two or three days.
Question. When the chiefs, Black Kettle of the Cheyennes and Left-Hand of the Arapahoes, brought the white prisoners into camp, what did they say
respecting them?
Answer. Black Kettle stated he had brought some of them--I don't recollect how many--from the Sioux, and the Sioux had taken the others on to the
Republican, and from the time given by Major Wynkoop he was not able to go there after them. Left-Hand brought in one the first day, this young
woman, (Laura Roper,) and stated that he was glad to give her up, and wanted to see her go back to her friends. She also stated that he had
promised before our coming to the Smoky Hill to take her to her friends, if the whites would make a treaty. Those prisoners who came in with Black
Kettle were too small to say much. The oldest said that he had just as lief stay with the Indians as not.

PAGE 45

Question. Did you accompany Major Wynkoop and Indian chiefs to Denver and return with them to Fort Lyon?
Answer. I did. I accompanied the major and the chiefs up here and back as far as Coberly's, when Major Wynkoop went on ahead to Fort Lyon.
Question. While in Denver, did you attend the council held with the Indian chiefs at Camp Weld?
Answer. I did.
Question. In that council what did the Indian chiefs say in reference to peace with the whites?
Answer. That they had come up here to talk or make peace with the whites; that they did not wish to fight nor would not, and would do what was
required of them in order to make peace. I think that is about the substance of it all. They also stated that they had not come to state their grievances
or to tell of their misdeeds, but for peace.
Question. In that council who spoke on behalf of the government?
Answer. Governor Evans and Colonel Chivington. I think Major Wynkoop did too.
Question. What did Governor Evans, Colonel Chivington, and Major Wynkoop tell them they must do in order to secure peace with the whites?
(J. M. Chivington objects to the question for the reason that it assumes that Governor Evans, Colonel Chivington, or Major Wynkoop told the Indians
that they must do something to secure peace with the whites. The witness may be asked what those persons said at the council, but it cannot be
assumed that a specific statement was made, and the witness then asked what that statement was.
Objection sustained by commission)
Question. How were their proposals for peace received by those who spoke in behalf of the whites?
Answer. By Major Wynkoop favorably; by Governor Evans and Colonel Chivington mixed. Major Wynkoop I think stated in council that an
understanding had been made between himself and the Indians, whereby he could use them to fight the other hostile Indians. I think the Kiowas
and Comanches were the tribes mentioned, provided that a peace could be made favorable to the whites and Indians. I am not quite positive that
Major Wynkoop stated this in council, but think he did. I know it was talked of by him, and think he stated it in council. He also stated that he believed
it to be policy to make a treaty with them, as we were not prepared to fight them, and that he believed they had and would act in good faith. Governor
Evans, I believe, made no direct propositions, but stated that it was in the hands of the military authorities, and that he did not wish to interfere until
he could hear from the authorities east; but that he would advise them to go back with Major Wynkoop, and remain with him; and be good Indians,
and he (Major Wynkoop) would care for them or take care of them as he had been doing. I think that is the substance of what he (the governor)
stated. Colonel Chivington stated that he believed it to be policy to delay the thing until such time as we could get troops here to fight them. That they
had been bad Indians, and should be punished; that they should be required to give up their stock, and that the bad Indians should be punished, or
words to that effect; that he could make them no promises until he heard from the east; that they would go back with Major Wynkoop, who [were the
tribes mentioned, provided that a peace could be made favorable to the ___ would treat them as he had been doing, I think--or as prisoners, I am
not certain which. The understanding that I had of Colonel Chivington's talk in council was that he had indorsed the actions of Major Wynkoop. Part
or all of this statement may have been between himself, Colonel Shoup, and Governor Evans. I am not certain that he made his statement direct to
the Indians,


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but the substance of it I think was interpreted by the interpreter to the Indians. That is all I recollect, that I am positive of.
Question. Did the Indian chiefs in council manifest willingness to comply with the terms proposed in order to secure peace?
Answer. They did.
Question. Were you present in the council during its entire session?
Answer. Not all the time.
Question. Upon the return of the Indian chiefs to Fort Lyon, were any more councils held with them prior to the 29th of November, 1864?
Answer. There were several.
Question. Were you present at either or all of these councils? If so, state their object and what was done?
Answer. I was present to only one--that is, after my return to Fort Lyon. That one was held by Major Anthony, commanding Fort Lyon. The
proceedings in this council were in connection with a council held with Majors Anthony and Wynkoop; prior to this, Black Kettle with the Cheyennes,
had just returned from the Smoky Hill in order to comply with instructions or an understanding between himself and the commander of the post to
camp his band near the fort for protection, so that all travellers might know that they were friendly Indians. At this council, which I attended, Major
Anthony told them that it would be impossible to feed them, and that they had better camp on Sand creek, and there remain until he heard from
General Curtis or Washington; to let their young men go out and hunt buffalo, but not to come on to the Arkansas river, for they might get into difficulty
with trains or soldiers, and as soon as he heard from General Curtis or Washington he would let them know and, if possible, would let them come
in near the fort. I think that they were all of the Cheyenne tribe in that council. Black Kettle or some of his chiefs expressed dissatisfaction that the
commanding officer had not complied with the previous understanding so as to allow him to come in to the fort, for he was afraid that the soldiers
from Denver and the east might come across some of his young men while hunting and kill them, and then he would be unable to restrain his men.
Major Anthony told them that they would be perfectly safe, and that he did not think it would be more than a few days before he would hear from
General Curtis or Washington and that he was sure it would be all right. That is about all I recollect in regard to it now.
Question. Were you at Fort Lyon on duty on or about the 28th of November, 1864?
Answer. I was, I think.
Question. State what transpired at Fort Lyon on the 28th of November, 1864?
Answer. Colonel Chivington's command arrived there in the morning about 9 o'clock. Went into camp below the commissary about 1 o'clock. I
received an order from Major Anthony, commanding post, to report at 7 or 8 o'clock at night with every available man in my command with three days'
cooked rations in their saddle-bags, and two hundred rounds of ammunition. I reported between 7 and 8 with forty-four men to Major Anthony, and
soon after joined Colonel Chivington's command, and started from Fort Lyon in a northerly direction. Marched forty or forty-five miles, and between
daylight and sunrise came upon an Indian village consisting of about one hundred lodges.
Question. Did you converse with Major Anthony prior to leaving Fort Lyon on the eve of the 28th of November, relative to a contemplated attack upon
the Indians?
Answer. I did.
Question. What did you say to him and what reply did he make?
Answer. I stated to him that I was perfectly willing to obey orders, but that I did it under protest, for I believed that he directly, and all officers who
accom-

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panied Major Wynkoop to the Smoky Hill indirectly, would perjure themselves both as officers and men; that I believed it to be murder to go out and
kill those Indians, as I felt that Major Wynkoop's command owed their lives to this same band of Indians. Major Anthony in his reply stated that he
had made no pledges that would compromise his honor; that the promise he had given the Indians he did not consider binding, inasmuch as he
had not heard from General Curtis or Washington, and that was as far as his argument extended, to let them know when he did hear. He also stated
that he was opposed to killing those Indians if it went no further, but the intention was to go on to the Sioux camp; and if they did that, he was in favor
of killing every thing they come to. I told him that I thought that Black Kettle and his tribe had acted in good faith; that they had saved the lives of one
hundred and twenty of our men and the settlers in the Arkansas valley, and that he with his tribe could be of use to us to fight the other Indians, and
that he (Black Kettle) was willing to do so. He (Anthony) stated that Black Kettle would not be killed; that it was a promise given by Colonel Chivington
or an understanding between himself and Colonel Chivington that Black Kettle and his friends should be spared; that the object of the expedition
was to surround the camp and take the stolen stock and kill the Indians that had been committing depredations during the last spring and summer.
I told him that on those grounds I was perfectly willing to go. I do not recollect whether all of this conversation occurred before we started for Sand
creek or not; most of it did, I know.
Commission adjourned until 9½ a. m. to-morrow, March 1, 1865.


EIGHTEENTH DAY.

MARCH 1, 1865.
Commission met pursuant to adjournment. Present, all members and recorder.
Proceedings of yesterday read and approved.
Examination of Second Lieutenant Joseph A. Cramer, veteran battalion first Colorado cavalry, by the commission, in presence of J. M. Chivington,
late colonel, &c., continued.

By the COMMISSION:
Question. Did you have any further conversation with officers at Fort Lyon in reference to the contemplated attack on Black Kettle's camp? If so, state
who the officers were, and what was said.
Answer. I had some conversation with Major Downing, Lieutenant Maynard, and Colonel Chivington. I stated to them my feelings in regard to the
matter; that I believed it to be "murder," and stated the obligations that we of Major Wynkoop's command were under to those Indians. To Colonel
Chivington I know I stated that Major Wynkoop had pledged his word as an officer and a man to those Indians, and that all officers under him were
indirectly pledged in the same manner that he was, and that I felt it was placing us in very embarrassing circumstances to fight the same Indians
that had saved our lives, as we all felt they had. Colonel Chivington's reply was, that he believed it to be right or honorable to use any means under
God's heaven to kill Indians that would kill women and children, and "damn any man that was in sympathy with Indians," and such men as Major
Wynkoop and myself had better get out of the United States service. I think that Major Downing said he would not advise me to go, if I felt as I said, or
words to that effect. I do not know that Lieutenant Maynard made any reply. I also stated to Major Anthony that I believed it to be his duty to let these
Indians know what was going on, according to the agreement he had made with them, and that an officer who would disregard his honor was a
disgrace to the United States uniform. That is about all I recollect at

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present. There were several remarks passed between Captain Soule, Lieutenant Baldwin, and myself, but it was all a one-sided affair, as we all
agreed.
Question. In your conversation with officers at Fort Lyon, was anything said in reference to the white men in Black Kettle's camp?
Answer. There was, either at Fort Lyon or on the road.
Question. What was said?
Answer. Major Anthony stated that arrangements had been made with Colonel Chivington to get them out of the Indian camp before there was any
fighting done.
Question. Did you join Colonel Chivington's column in the attack upon Black Kettle's camp? If so, state what was your understanding of the object of
the attack.
Answer. I did join it, the object of which was to take the stock and kill and punish the Indians who had committed the depredations in this Territory
during last winter, spring and summer, and to save Black Kettle and his friends.
Question. Had the Indians committed any depredations in the vicinity of Fort Lyon for three months prior to the 29th of November, 1864?
Answer. To the best of my knowledge, none that I ever heard of or know of.
Question. What was the last depredation committed by the Indians near Fort Lyon during the summer of 1864?
Answer. It was the killing of two men--the names I have forgotten--I think about the 17th of August. They were on their way to Fort Lyon as witnesses
in the Haynes case before a military commission. I do not know what Indians they were. Mr. Combs and one of the first Colorado battery boys found
them while on their road up to the Indian agency, (it is called the Upper Arkansas Indian agency.) They saw Indians ahead of them, and returned to
Fort Lyon. I do not recollect whether they reported that the Indians fired on them or not.
Question. What Indians were reported on the Arkansas, above and below Fort Lyon, during the summer of 1864?
Answer. Kiowas, Arapahoes, Cheyennes, and Sioux.
Question. Did the Indian chiefs in any council refer to the killing of the two men near Fort Lyon?
Answer. I think they did, but am not positive, I think it was in the Smoky Hill council. I am not positive that I heard it from Indians at all.
Question. State what was done on the arrival of Colonel Chivington's command at Black Kettle's camp on the morning of 29th November, 1864.
Answer. We had a fight. Lieutenant Wilson's battalion, consisting of parts of three companies of the first cavalry of Colorado, on our approach to the
Indian village, made a charge for the Indians' herd, from one-half to a mile east of the Indian village, and drove their herd in towards the village; Major
Anthony's battalion, from Fort Lyon, following, consisting of parts of three companies of the first cavalry. G company had a battery of two
twelve-pounder mountain howitzers, and on approaching the village Lieutenant Wilson's battalion took a position on the north side of the village and
Sand creek, and immediately opened fire on the Indians. Major Anthony's battalion took a position on the southeast side, I should judge, and there
waited for Colonel Shoup's third regiment to come up, (the third regiment, as I understand it, were volunteer cavalry enlisted for one hundred days,)
as he (Major Anthony) said he did not wish to open the ball, but wanted to see Colonel Chivington do so. The third regiment took up their first
position in rear and to the right of the Fort Lyon battalion, dismounted part or all of their men for some purpose, I don't know what, and, mounting
again and moving to the front, commenced firing, some of them firing over or through our ranks. On reporting this fact to Major Anthony, I was
ordered to move my company to the left, down to the bank of Sand creek. Previous our moving, John Smith, Indian interpreter, came out, and when
within from thirty to fifty paces several hallooed out "Shoot the old son of a bitch," and com-

PAGE 49

menced firing on him; he then ran back to his lodge or tepe. About that same time some one came out with a white flag, going towards the head of
the column, and was fired upon, and immediately ran back; I do not know who he was, but supposed him to be David Louderback, a soldier of G
company, first cavalry of Colorado, or a teamster, who had driven John Smith, Indian interpreter, out there, as he had on a government overcoat.
George Pierce, a member of F company, attached to my company, in attempting to save the life of John Smith, was killed, I think, by the third
regiment, or Lieutenant Wilson's battalion, as they were firing at the time, and I saw no Indians firing at the time and in that direction. In the position
first taken one battalion, I think, of the third regiment took position on the south side of Sand creek, and opposite to the village and almost directly
opposite to Lieutenant Wilson's battalion; they, at the same time, were firing. Immediately after firing upon John Smith, the Fort Lyon battalion
opened fire; several Indians were killed while running towards the troops with both hands raised, one of whom I think was White Antelope, a
Cheyenne chief. During this time the Indians had been running up the creek, and the whole command moved forward and took such positions as
best suited them, as there appeared to be no general organization, and no one to command, and at different periods of the fight they were in such
positions that I thought and said they were firing on each other; the fight continued until about between 12 and 2, I should judge; we then went back
to the Indian village.
Question. At any time during the attack upon the Indian camp at Sand creek was the command of Colonel Chivington, or any portion of it, so situated
or so scattered as to be in danger of being shot by each other?
Answer. They were, I should judge. Men were directly opposite each other, on both sides of the creek, and were firing towards each other, and
several times during the fight I ordered my men to cease firing, owing to the position in which our troops were placed, and fearful of killing some of
our own men.
Question. State how long they were so scattered or so situated?
Answer. During the whole fight, after the first hour or one-half hour.
Question. Did the commanding officer make any efforts to rally the command and place it in a position where they would not be in danger of being
shot by our own men?
Answer. Not that I know of.
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, by commission, in presence of J. M. Chivington, late colonel, &c., continued.
Question. What field officers, besides Colonel Chivington, were present at and during the attack on Black Kettle's camp?
Answer. Colonel Shoup, of the third regiment; Lieutenant Colonel Bowen, third regiment; Major Sayre, third regiment; Major Anthony, first regiment;
Major Downing, first regiment.
Question. Who of these officers you have mentioned attempted to rally the men and save them from the danger of each other's fire?
Answer. None that I know of.
Question. Were the two mountain howitzers brought into action at Sand creek? If so, state what was done with them.
Answer. They were brought into action, took position to the left of where the Fort Lyon battalion first took position, and opened fire, doing but little
execution--that is, I should judge so, firing up the creek until the Indians were out of range--then took position further up the creek, firing across into
the opposite bank. They were in action throughout the fight in several different positions
Ex. Doc. 26-----4

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I think I am mistaken about the Fort Lyon howitzers firing into the opposite bank; think it was the third regiment howitzers.
Question. Were there any other howitzers than these you have mentioned, engaged in the attack at Sand creek? If so, state what was done with
them.
Answer. There were two twelve-pounder howitzers with the third regiment, commanded by Captain Morgan; the third regiment took position to the
rear of our first position and opened fire, then following up the Indians, taking several different positions; doing but little or no execution, to the best of
my knowledge.
Question. At the time the four howitzers were engaged were any of Colonel Chivington's command on the opposite bank of the creek and exposed to
their fire?
Answer. Part of his command were on the opposite bank shooting over the bank at Indians below them, and I thought they were in great danger
from the fire of the howitzers, at the time they were firing across the creek. I think only two guns were in action; they belonged to the third regiment.
The Fort Lyon howitzers, I think, at that time were out of ammunition.
Question. Was there, at any time during the attack, an American flag displayed over the Indian camp?
Answer. I saw none during the fight; I saw one in the camp after the fight, reported to have been over Black Kettle's lodge.
Question. Do you know of any one giving Black Kettle an American flag, and instructing him what to do with it if soldiers should be seen approaching
his camp?
Answer. No, I do not. Major Wynkoop gave him instructions in regard to some signal, but do not know whether it was the flag or not.
Question. Do you know what instructions were given Black Kettle in reference to a signal?
Answer. One was, that in approaching troops or a soldier's camp, to use a white flag or white blanket; that is all the instructions I heard given.
Question. At what time did you leave Sand creek on the day of the attack upon Black Kettle's camp?
Answer. I should judge it was between 3 and 4 o'clock.
Question. Prior to your leaving did you ride over the field? If so, state what you saw.
Answer. I did; saw some dead Indians at that time; I estimated them at one hundred and seventy-five or one hundred and eighty; I do not think there
were that many; I do not recollect of seeing one but what was scalped; that is about all. I did not see any rifle-pits.
Question. Were most of the Indians killed and scalped at Sand creek warriors?
Answer. They were not; I should think two-thirds were women and children.
Question. Did any of the Indians escape during the attack upon Black Kettle's camp?
Answer. I should judge they did, a good many.
Question. Were the chiefs, White Antelope, Black Kettle, One-Eye, and Neva, in camp at time of attack?
Answer. Black Kettle, White Antelope, and One-Eye, I think, were; Neva was not.
Question. Were these the same chiefs that were in council with Major Wynkoop on the Smoky Hill?
Answer. They were.
Question. At any time during the attack on Black Kettle's camp did the Indians appear in line of battle?
Answer. Not that I saw.
Question. How did the Indians resist the attack upon them?
Answer. By fighting back. They fought singly or a few in a place when the ground would give them shelter from our fire, and fought bravely. A great

PAGE 51

many started towards our lines with hands raised, as if begging for us to spare them.
Question. Were the Indians followed and killed while attempting to escape?
Answer. They were, some of them.
Question. Were any of the Indian women and children killed and mutilated while attempting to escape?
Answer. They were; they were followed and killed, but I do not know when they were mutilated. They were mutilated, though.
Question. Were any prisoners taken at Sand creek? If so, state what wax done with them.
Answer. There were several; there were two women and two children, Charley Bent, a half-breed, son of Colonel Bent, Jack Smith, half-breed, son of
John Smith, Indian interpreter. The two women and children were taken into Fort Lyon by company G of the first regiment. Charley Bent was taken in
or sent in by Captain S. S. Soule. Jack Smith, I understood, was murdered. There was one little child but a few months old, brought one day's march
from Sand creek and then abandoned; so I was told by enlisted men of the command. The third regiment had some Indian prisoners. I know
nothing of how they were taken or what was done with them. One old squaw came into the fort for food and protection; she was left by our command
at the Indian camp.
Question. What became of the prisoners after being taken to Fort Lyon?
Answer. The three women and two children were sent by the commander of the post (Major Anthony) up to Colonel Bent's, eighteen miles above
Fort Lyon. Charley Bent, who was confined in the guard-house, was released by the officer of the day, and I do not know where he went; heard he
had gone to New Mexico.
Question. Did you take the prisoners to Colonel Bent's?
Answer. The Indians were sent on in the morning with an escort from Fort Lyon. I was ordered in the afternoon to take an escort of twelve men, I
believe, and proceed to Colonel Bent to offer such protection as I might deem necessary. On my arrival there found the river blocked with ice, so that
they were enable [sic] to cross. Waited until in the night, when the river had frozen over, and then crossed over with the escort and the Indians and
delivered them over to Colonel Bent.
Question. Had the lives of those prisoners been threatened by any person or persons?
Answer. They had; also Colonel Bent and family.
Question. State what transpired at Colonel Bent's while you were there;
Answer. Upon my arrival there, I found Colonel Bent under guard, left there when the third regiment were going down the country, and in command
of Lieutenant Graham, third regiment, who had a guard established over the house and corral. Told Colonel Bent what my instructions were, and
quartered my guard in the house. Captain Cree, of the third regiment, arrived that night with a few men and said he had orders from Colonel Shoup
to take command of all the troops there, but did not do it, that I know of. Next morning Captain Cree, Lieutenant Graham, and their men left and went
up the river on their road to Denver. I remained until the next day and then returned to Fort Lyon.
Question. What did Captain Cree say to you and Colonel Bent he had done to some prisoners?
Answer. That he had killed them, or they had been killed by his command. That he had started from Denver with them to take them to Fort Lyon; that
they had attempted to get away from his guard, and he had ordered them that in case they made the attempt to kill them, and they had done so. Most
of his guard, and I think himself, were ahead of the prisoners at the time they were killed. I think he also stated that he was acting under orders from
Colonel Chivington, commanding the district of Colorado. He also stated that they left them on the

PAGE 52

plains or prairie, and that Colonel Chivington had issued an order that he would hang any "son of a bitch" who would bury their bodies or bones. I
believe that's about all.
Question. Do you know what became of the stock and other property captured at Sand creek by Colonel Chivington's command?
Answer. Part of it I understood was turned into the quartermaster at Denver. A large portion of it was stolen and run off by officers and men of the
third regiment. This I learned by report; part of the stock I saw on my trip from Fort Lyon to Denver. The camp plunder that was taken was mostly in
the hands of the soldiers, and I do not know what was done with it.
Question. State whether the property captured, excepting the stock, was of any value or not.
Answer. It was. There were a great many buffalo robes--probably two hundred or three hundred--which would be worth from fifteen to twenty dollars
apiece. The camp fixings or trinkets were of no real value, but they would have brought a considerable amount of money, could they have been sold
at auction. There were some few guns taken which were valuable.
Question. Was the stock at Fort Lyon, taken at Sand Creek, turned over to Captain Johnson, third regiment Colorado cavalry?
Answer. It was.
Question. In whose possession was that stock you saw on your way from Fort Lyon to Denver?
Answer. In the possession of citizens living on the Arkansas and Fountain-qui-bouit; I do not know their names.
Question. Did they say how they came in possession of it?
Answer. They did not. I had no conversation with them in regard to it.
Commission adjourned until 9½ a. m. to-morrow, March 2, 1865.


NINETEENTH DAY.

MARCH 2, 1865.
Commission met pursuant to adjournment. Present, all members and recorder.
Proceedings of yesterday read and approved.
On February 28, 1865, Colonel Chivington applied to the commission to obtain for him, from the Indian bureau at Washington, D. C., a copy of
Governor Evans's report of proceedings of a council with the Indians at Camp Weld about the 27th of September, 1864, and, on March 1, 1865, from
the Adjutant General's office, Washington, D. C., an authenticated copy of General Blunt's' report of a battle had by that officer with the Indians about
the 25th September, 1864, on or near the headwaters of the Pawnee fork of the Arkansas river. Commission decided to make an application for the
papers mentioned, and instructed the recorder to apply for them by letter.

Examination of Second Lieutenant Joseph A. Cramer, veteran battalion first Colorado cavalry, by the commission, in presence of J. M. Chivington,
late colonel, &c., continued:

Question. At any time during the summer and fall of 1864 did the Indians send challenges to the commander of Fort Lyon to come out and fight
them?
Answer. Not that I heard of. The Sioux, I understood, did. It may not have been considered a challenge. They, I understood, sent in word that they had
come to this country to fight, and were going to fight.
Question. Where were the Sioux reported camped in the fall of 1864?
Answer. On a branch of the Smoky Hill.
Question. In what direction, and how far, from Fort Lyon?
Answer. About ninety miles, in a northerly direction.
Question. Did you ever hear of Black Kettle's band of Cheyennes committing depredations upon the lives and property of the whites?

PAGE 53

Answer. I have, since the fight at Sand creek; before that I did not.
Direct examination of Second Lieutenant Joseph A. Cramer closed.

Cross-examination of Second Lieutenant Joseph A. Cramer, by J. M. Chivington, late colonel, &c.:
Question. State, if you know, whether Major Wynkoop was ordered or directed to go out on Smoky Hill, or to treat with the Indians, by any officer, civil
or military, during the summer or fall of the year 1864.
Answer. I think he was not.
Question. State, if you know, whether Major Wynkoop had any information as to the number of Indians he would probably meet on the Smoky Hill
expedition, before starting out on that expedition?
Answer. I don't know anything about it, whether he had any of that kind of information or not.
Question. If you know, state what information Major Wynkoop had as to white prisoners being in possession of the Indians, before starting out on
the Smoky Hill?
Answer. The information he had he got from a letter written by George Bent by instructions from the chiefs--it was signed by Black Kettle and other
chiefs--and what he learned from One-Eye and Min-im-mie.
Question. What was contained in the letter you have mentioned?
Answer. Stating that they held seven (7) white prisoners, and that they wanted to have a talk, or make peace; that we held in Denver some of their
Indians prisoners, and that they would give up theirs if we would do the same, and a peace would be made.
Question. What was stated by One-Eye and Min-im-mie?
Answer. The substance was the same as contained in the letter, and that we might hold their lives as pledges that they acted in good faith.
Question. Did the chiefs signing the letter represent therein, or did One-Eye or Min-im-mie pretend that they acted on behalf of, the Sioux?
Answer. Not as I understood it. They were acting in their own behalf. I think that One-Eye stated that, if a treaty was made, the Sioux wanted to be
considered in.
Question. Did the letter contain a request, or did One-Eye or Min-im-mie request, that a council should be held by Major Wynkoop with the Indians,
for the purpose of discussing the matter referred to in the letter?
Answer. They did; both the letter and the two Indians.
Question. Was any suggestion made in the letter, or by One-Eye or Min-im-mie, respecting the place where, and the time when, the council should
be held?
Answer. Not in the letter. I think by Min-im-mie and One-Eye there were.
Question. What were these suggestions?
Answer. That we should either go to the Indian camp, or the Smoky Hill, or if Major Wynkoop would let one of them go ahead to notify the Indians they
would come out and meet us.
Question. How were you made acquainted with the object of the expedition of Major Wynkoop?
Answer. By the council of officers held in Major Wynkoop's room, previous to our starting.
Question. What, if any, course was determined upon in that council?
Answer. The course determined on was, to go and hold these Indians as hostages for their good faith.
Question. What number of Indians did Major Wynkoop's command encounter on that expedition?
Answer. I should judge about seven hundred warriors.
Question. To what tribes did the Indians referred to in your answers belong?
Answer. Cheyennes and Arapahoes principally. I think there were some Sioux, but I am not positive about that.

PAGE 54

Question. How far was Major Wynkoop's command from Fort Lyon, when the Indians were first met?
Answer. From one hundred and twenty to one hundred and forty miles; probably one hundred and forty miles.
Question. How far from Fort Lyon is the place where the council between the officers of Major Wynkoop's expedition and the Indians was held?
Answer. Held from two to four miles from where we first met the Indians.
Question. Did or did not the Indians make any hostile demonstrations towards Major Wynkoop's command?
Answer. I think they did, until One-Eye was sent on ahead to acquaint them who we were, and that we did not come to fight them.
Question. What were those hostile demonstrations?
Answer. Merely making signs or signals to the Indians in their rear, and riding or remaining in such positions as to be able to fight.
Question. How near was Major Wynkoop's command to the Indians when One-Eye was sent forward to communicate with them?
Answer. About a half or three-quarters of a mile.
Question. Did Major Wynkoop continue his march after One-Eye was sent forward, or did he halt and wait One-Eye's return?
Answer. He halted, formed a line of battle, and there remained until One Eye had joined the Indians, and then I think moved on.
Question. In what order did Major Wynkoop's command and the Indians proceed from the place where the Indians were first met to the place where
the council was held?
Answer. In line of battle part of the way, and part of the way in squadron columns. Some few of the Indians joined us on the march, and showed us
where we would find some water.
Question. Did not the Indians encircle the rear of Major Wynkoop's command, and proceed in that way from the place where they were first met to the
place where the council was held?
Answer. They did not. But very few Indians came to us that night at all; probably not more than fifty or seventy-five. Some few came up after we had
camped, and showed us where we could get water by digging; as Major Wynkoop had not camped where the Indians had told him, there was no
water, but took a position so as to be able to defend his command.
Question. Did or did not the Indians make any hostile demonstrations toward Major Wynkoop's command after One-Eye was sent forward to
communicate with them?
Answer. Not at that time; not that night.
Question. At what time in the day, and upon what day of the month, was the council held?
Answer. The council was held I think upon the 10th day of September, about 11 o'clock in the day. It may have commenced at 9 a. m.
Question. Did the Indians commit any acts of hostility on the day in which the council was held?
Answer. None that I know of. Their actions were considered hostile, but they claimed them not to be; and after Major Wynkoop had spoken with
some of the chiefs, their acts were friendly.
Commission adjourned until 2 p. m., this day:

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

Cross-examination of Second Lieutenant Joseph A. Cramer, by J. M. Chivington, continued:
Question. What were the actions of the Indians on the day on which the council was held?

PAGE 55

Answer. Singing, and having a general pow-wow, which the chiefs interpreted as their manner of rejoicing, to think that we were going to make a
treaty with them. They fired their guns and revolvers in the air.
Question. What were the acts of the Indians which were regarded as acts of hostility by persons in Major Wynkoop's command?
Answer. Those that I have just mentioned, and being drawn up in line of battle, and forming a circle or a partial circle around us, as Major Wynkoop
was marching in line of battle with train driven in form of corral. The Indians said that they thought it looked more like fighting than coming to talk, or
make peace. But when told by Major Wynkoop if they did not keep further back he would fire on them, we had no further difficulty in making our camp.
Question. Did or did not the Indian warriors come into Major Wynkoop's camp during the time the council was being held?
Answer. They did.
Question. Did their coming into Major Wynkoop's camp cause any apprehensions of danger among the officers of Major Wynkoop's command?
Answer. I can speak only for myself. I thought there was no greater danger then than when marching into camp.
Question. What was the conduct of the Indian warriors when in Major Wynkoop's camp?
Answer. Friendly. At one time when Lieutenant Hardin was attempting to form in line the men of Major Wynkoop's command just outside of the
council, the Indians commenced loading their guns and stringing their bows. Lieutenant Phillips acquainted me with the fact of Lieutenant Hardin's
actions, and requested me to stop it if possible, which I did. No other acts on the part of the Indians, after this, could be construed as hostile.
Question. What was the object of Lieutenant Hardin's forming line with the troops while the council was going on?
Answer. That is more than I can tell.
Question. Who was the officer of the day at the time the council was held?
Answer. Lieutenant Hardin.
Question. Do you know of any request being made by any of the officers of Major Wynkoop's command to the Indian chiefs in council, that the Indian
warriors should withdraw from Major Wynkoop's camp?
Answer. I do not recollect of any until after the council was over. Then, I think, Major Wynkoop told Black Kettle that he had them or part of them go
outside. I am not positive that this occurred.
Question. Did you hear Lieutenant Hardin make any statement to the effect that the Indians were in the camp, and that he could not keep them out of
the camp?
Answer. After we were on our return to Fort Lyon, I did; while in camp, I think I did not.
Question. State as nearly as you can the number of Indian warriors in Major Wynkoop's camp at the time the council was held.
Answer. All that were present. I have previously stated the number.
Question. Did you hear any of the officers of Major Wynkoop's command, on the day on which the council was held, express any fears of an attack
from the Indians? If so, give the names of such officers, and what was said by them.
Answer. I don't think that I heard any one express fears of an attack. At the time that Lieutenant Phillips acquainted me of the fact of Lieutenant
Hardin's falling in the men, I think he said that I would have to stop it or we would be massacred, and that our only show now was to show them a
reckless indifference. I also told the men of my command that they must take the thing cool, and keep but a few in a place, only a sufficient number
to defend themselves, for if we did anything that looked like fighting, I thought it would bring on a fight with the Indians; and also to keep near the
wagons so as to use them

PAGE 56

to fight behind in case we were attacked; that if they would let the Indians see that we did not care which way the thing went, we would have no
trouble.
Question. By whose order was the act of Lieutenant Hardin forming the men in line stopped?
Answer. I don't know of anybody but myself; I taking the responsibility of ordering the company which I commanded (K) to disperse and keep near
the wagons.
Question. Were you Lieutenant Hardin's superior officer?
Answer. I was not, particularly when he was officer of the day. He was a first lieutenant.
Question. State, if you know, whether Major Wynkoop gave any orders concerning the keeping the Indians out of camp.
Answer. He did. So he stated, and so Lieutenant Hardin admitted.
Question. What were those orders?
Answer. To allow no Indians in camp without his permission. That when the chiefs arrived, to notify him, and he would pass them in with a few of
their friends. His orders were to form his guard around the camp and the horses, which were picketed out near the camp.
Question. State if you know whether any of the officers of Major Wynkoop's command entertained any apprehensions of danger from the Indians on
the day of the council or the day preceding that day.
Answer. Yes; I think they all did.
Question. Who acted as interpreter to Major Wynkoop on the expedition?
Answer. John Smith; also George Bent, in some instances, as he was asked by Major Wynkoop if the interpretations were correct.
Question. Did John Smith regard the conduct of the Indians as hostile or otherwise?
Answer. I think he regarded it as otherwise. That he expressed no fears until after Bull Bear spoke in council, and then I think he said, I have now got
to talk for my life. After Black Kettle spoke I think that he then stated that it was all right.
Question. Did the Indians at any time say that they were prepared to fight Major Wynkoop's command, and willing to do so, or substantially that?
Answer. I think not. Bull Bear may have said it, as he stated that he believed the only thing left for them was to fight; that the whites were not to be
trusted.
Question. State whether there was a battery or portion of a battery with Major Wynkoop's command.
Answer. There were two pieces, 12-pounder howitzers, commanded by Lieutenant Hardin.
Question. State, if you know, whether the Indians got possession or control of these howitzers, or either of them, or handled, or in any way interfered
with them, or either of them, during or before the time the council was held.
Answer. I don't know anything about it. Heard it reported in camp that one of the Indians attempted to put grapes into the vent of the howitzers, one or
both, but was shoved away by the soldiers on guard at the time, and no more allowed to approach near them.
Question. Did Major Wynkoop state to the Indians in council that any person had power to make peace with them on behalf of the government? If so,
who did he say had such power?
Answer. Governor Evans, or the authorities east.
Question. Did Major Wynkoop represent to the Indians that it was probable that peace could be made with them?
Answer. He did, if they would do as he proposed.
Question. Did Major Wynkoop desire the Indians to send their chiefs and headmen to Denver with him?

PAGE 57

Answer. He did.
Question. Was there anything said in the council between Major Wynkoop and the Indians respecting the terms upon which peace was to be made?
Answer. I think not. Major Wynkoop proposed to them that if they would give up their prisoners, that would be an evidence of their good faith, and
would be instrumental in bringing about a good peace. He stated to them at the opening of the council, that he was not big enough chief to make
any peace of promises of a treaty, but that he could use his influence in their favor, providing they did as he wished them to do.
Question. Did the Indians in council make any statements as to how, and when and where they came into possession of the white captives then in
their hands? If so, what were these statements?
Answer. I think they made none, only in regard to the prisoner Laurie Roper, whom they stated they had bought of other Indians. I did not understand
what Indians. Part or all of the other prisoners were then in the hands of the Sioux.
Question. Did the Indians in council with Major Wynkoop make any statements as to whether they had ever committed any acts of hostility against
the whites, or joined in the commission of such acts? If so, what were those statements?
Answer. They made a statement in regard to some of the men of their tribes joining with the Kiowas at Fort Larned in taking the stock at that post;
also in the fight with Lieutenant Eayres, on the Smoky Hill, and the fight with Lieutenant Dunn. Black Kettle spoke of some of his young men, about
the time or after he had left Fort Larned, going off in small war parties and committing some depredations. What they were I did not understand. I
think the murdering of Snyder and two other men, near Colonel Boone's, was spoken of. I think it was Little Raven's brother, an Arrapahoe, and his
party were the ones that killed them. Neva also acknowledged to be the one that was near Fort Lyon, and had the fight with my command, on the
11th of August.
Question. State, if you know, whether the Indians in council with Major Wynkoop did, or did not, represent that they were authorized to act for the
entire tribes of Arapahoes and Cheyenne Indians? If so, what statements were made by them?
Answer. I think the whole Cheyenne and Arapahoe nations living in that part of the country were represented in that council, and that they were willing
and would be guided by Black Kettle's actions.
Question. Were any statements made by any of the Indians in council, or elsewhere, to the effect that any of the Indians of their tribes were then out
upon the war path? If so, what were those statements?
Answer. That there were two or three small war parties still out, and that he was using and would use his utmost endeavors to bring them in. This, I
think, was stated by Black Kettle.
Question. At what council was the statement made?
Answer. Smoky Hill.
Question. State, if you know, whether any of the Dog soldiers were with the band of Indians encountered by Major Wynkoop's command?
Answer. There were. I think their head chief was there. I know his name was Bull Bear, as I understood it.
Question. Was anything said by the chiefs in council with Major Wynkoop as to their ability to control the Dog soldiers? If so, what was it?
Answer. That owing to the difficulties that had occurred they had been unable to control all of them, and unless a treaty was made they would be
unable to do so.
Question. What proportion do the Dog soldiers bear to the fighting strength of the Arapahoes and Cheyenne Indians?

PAGE 58

Answer. I do not know.
Question. Can you state what number of Dog soldiers were with the band of Indians encountered by Major Wynkoop's command?
Answer. I cannot.
Question. State, if you know, whether the Indians encountered by Major Wynkoop's command had, at that time, their squaws and children with them.
Answer. They had not.
Question. Did the Indians in council with Major Wynkoop make any statement respecting the purpose for which they visited that part of the country?
Answer. They came down there for the purpose of getting plums and grapes, and for grazing their stock.
Question. Were the Indians encountered by Major Wynkoop's command armed? And if so, how were they armed?
Answer. They were armed with bows and arrows, guns, revolvers, and lances.
Question. What proportion of the Indians had guns or revolvers?
Answer. The majority had guns, and a great many revolvers.
Question. Was anything said by the Indians respecting a large band of Sioux being near the place where the council was held? If so, state what was
said.
Answer. I think there was; that they had been camped but a few miles--I think they said sixteen miles--from where we were, but had gone over on to
the Republican.
Question. If anything was said by the Indians in council with Major Wynkoop relative to peace with the Sioux, state what was said.
Answer. That the Sioux did not wish a peace made unless they were interested in it.
Question. What, if anything, did the Indians say respecting their ability to procure the white captives then in possession of the Sioux?
Answer. That they thought it would be difficult to do so, owing to the fact that Major Wynkoop had excluded them, as he did not feel authorized to
make any promises in regard to them.
Question. What, if anything did they say as to the number of white prisoners in their possession and in possession of the Sioux?
Answer. I am not positive that there was but one in possession of the Cheyennes and Arapahoes.
Question. Did the Indians in council make any promises to the effect that they would return all the captives to Major Wynkoop? If so, what were those
promises?
Answer. They would return them if they could procure them, and they would do their best to procure them.
Question. Were any reasons assigned by the Indians after bringing in the four captives of whom you have spoken, why they did not bring the other
white prisoners?
Answer. Owing to the time given by Major Wynkoop, they were unable to procure them.
Question. What were the terms upon which Major Wynkoop agreed to protect the Indian chiefs to Denver and back, and to use his influence to obtain
a treaty of peace?
Answer. That they would deliver up the white prisoners in their possession.
Question. Was anything said as to the number of prisoners which should be so delivered?
Answer. At the time the proposition was made there was not.
Question. Was anything said respecting the number of prisoners to be delivered before or after the time when the proposition was made?
Answer. There was, afterwards. Black Kettle stated that he would procure what he could in the time given, and if he did not procure all of them he
would

PAGE 59

send some of his men over there to buy them, and would have them brought into the fort.
Question. How many white prisoners were delivered in accordance with this arrangement?
Answer. Four.
Question. How long did the council between the Indians and Major Wynkoop continue?
Answer. Until about two p. m., I should judge.
Question. Did the Indian warriors remain in the camp during the whole of the time the council was in session?
Answer. All that did come in I think remained there until a fire broke out near camp, the wind driving it towards our wagons. A great many of them
went out and assisted in putting it out.
Question. What reason, if any, was assigned by the Indians for advising Major Wynkoop to move his command nearer Fort Lyon after the council
was held?
Answer. For fear a difficulty might occur between some of his young men and the soldiers.
Question. How did it occur that you and the officers of Major Wynkoop's command owed your lives to Black Kettle and his band of Indians, as stated
in your direct examination?
Answer. Because if it had not been for them the Indians would have cleaned us out.
Question. If the Indians had given battle to Major Wynkoop's command, what, in your opinion, would have been the result of that battle?
Answer. We would have all been killed.
Question. After the council between the Indians and Major Wynkoop, did the Indians return to Major Wynkoop's camp? and if so, in what number did
they return?
Answer. They had not left it after the council.
Question. After Major Wynkoop's command left the place where the council was held, did the Indians return to Major Wynkoop's command? and if
so, in what number did they return?
Answer. From twenty to forty families and thirteen chiefs returned.
Commission adjourned until 9½ a. m. to-morrow, March 3, 1865.


TWENTIETH DAY.

MARCH 3, 1865.
Commission met pursuant to adjournment. Present, all members and recorder.
The quartermaster's department having failed to furnish the commission rooms with wood, the commission adjourned until 2 p. m. this day.

Two p. m.--Commission met pursuant to adjournment. Present, all members and recorder.
Proceedings of yesterday read and approved, with the following amendments: Page 211, first line to last answer, to read, nearly all, &c.; page 220,
fifth line to first answer, to read, "and said that they were willing," &c.
Cross-examination of Second Lieutenant Joseph H. Cramer, veteran battalion, &c., by J. M. Chivington, continued:
Question. State, if you know, whether Lieutenant Hardin made any report to Major Wynkoop respecting the Indians during the time the council was in
session.
Answer. I do not know, but think not.
Question. Were there any Indians in Major Wynkoop's camp at the time that Lieutenant Hardin attempted to form the soldiers of the command into
line?
Answer. There were--all of them.

PAGE 60

Question. Did not Lieutenant Hardin attempt to form the soldiers in line for the purpose of drawing the Indians from the camp?
Answer. I do not know.
Question. Did the Indians in council with Major Wynkoop make any statements as to why they went to Fort Larned before coming to the vicinity of Fort
Lyon?
Answer. No, not that I know of.
Question. Do you know whether Major Wynkoop made any statement to the Indians, to the effect that he or the military authorities would take the
white prisoners then in their possession by force if they (the Indians) did not give them up voluntarily?
Answer. He did.
Question. What were those statements?
Answer. That he had come to get them by peaceable means, if possible, and forcible means if necessary.
Question. What number of Indians accompanied Major Wynkoop's command to Fort Lyon?
Answer. About from twenty to forty families, and thirteen chiefs.
Question. Did Major Wynkoop make any statements to the Indians to the effect that they were to treat with Colonel Chivington for peace?
Answer. I think not.
Question. Were the proceedings of the council at Camp Weld, near Denver, reduced to writing by any person? If so, by whom?
Answer. There were two or three taking notes; I think Amos Steck and Major Whiteley.
Question. During the time that you were present at the Camp Weld council, did Colonel Chivington make any statements or propound any questions
to the Indians?
Answer. I think not. I think that the questions were all asked by the governor.
Question. State if you know whether Colonel Chivington received any orders or instructions from Major General Curtis in relation to treating with the
Indians for peace shortly before the Camp Weld council.
Answer. Not that I know of; heard that he received a telegram after the council.
Question. State if you know whether the Indians in council at Camp Weld made any statement to the effect that they had not come to talk of the past,
and they were willing to let bygones be bygones. If so, what was that statement?
Answer. I think that they made the statement as the question reads.
Question. What white persons were present at the Camp Weld council?
Answer. Governor Evans, Colonel Chivington, Colonel Shoup, Major Wynkoop, Amos Steck, J. Bright Smith, Captain Wanless, John Smith, Indian
interpreter, Captain Rollins; I think James McNassar, Simeon Whitely; several others--I have forgotten the names.
Question. Were any statements made to the Indians at the Camp Weld council, in your hearing, in relation to treating with the Indians for peace at
some time thereafter? If so, by whom were those statements made, and what were they?
Answer. Governor Evans stated that it was in the hands of the military authorities, and he would not interfere until such times as he could hear from
the east.
Question. Did any one state to the Indians at the Camp Weld council, in your hearing, that he would use his influence to bring about a treaty between
them and the United States, or substantially that? If so, who made such statement?

PAGE 61

Answer. Major Wynkoop, I, think, told in council of the pledges he had made to the Indians, and, as I understood it, Colonel Chivington indorsed his
actions throughout. I think Governor Evans also stated that he would do what he could to have a peace established.
Question. Did Governor Evans make the statement mentioned in your last answer to the Indians?
Answer. To the Indians through the interpreter.
Question. How did you get your understanding as to Colonel Chivington's indorsement of Major Wynkoop's cause?
Answer. From what I heard him say.
Question. Was anything said to the Indians at the Camp Weld council to the effect that Indians who had committed depredations upon the whites
would have to be delivered to the whites to be punished? If so, what was it, and who made the statement?
Answer. Colonel Chivington made the remark to them that the stock would have to be given up, and the Indians who had committed the
depredations punished, before a peace could be made. I do not recollect whether this was directly to the Indians or not. It might have been between
himself, Colonel Shoup, and Governor Evans.
Question. At what time did the Indians who were at the Camp Weld council arrive at Fort Lyon after the council was held?
Answer. I think about the 14th of October, 1864.
Question. Did you find any Indians at Fort Lyon on your return after the Camp Weld council? If so, what was their number, and to what tribe or tribes
did they belong?
Answer. There were some there belonging to the Cheyennes and Arapahoes. I do not know how many.
Question. State if you know whether Major Wynkoop gave any directions to the Indians who were at the Camp Weld council, after his return to Fort
Lyon. If so, state what those directions were.
Answer. I don't know, as I was not in the council held after their arrival at Fort Lyon.
Question. If you know, state whether any Indians came into Fort Lyon after your return to that place from the Camp Weld council. If so, state the
number as near as you can.
Answer. The Arapahoes came in; I think altogether five hundred and fifty-seven.
Question. At what time did the Indians come in, as stated in your last answer, and how long did they remain?
Answer. I think about ten days after my arrival there, and remained until about the 20th of November, 1864.
Question. Were there any Cheyenne Indians, who came into Fort Lyon after the Camp Weld council? If so, state the number as near as you can.
Answer. There were some came in, but cannot tell how many; perhaps fifty lodges.
Commission adjourned until 9½ a. m. to-morrow, March 4, 1865.


TWENTY-FIRST DAY.

MARCH 4, 1865.

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

Cross-examination of Second Lieutenant Joseph A. Cramer, veteran battalion first Colorado cavalry, by J. M. Chivington, late colonel, &c., continued:
Question. Why did the Indians, of whom you have spoken, leave Fort Lyon on or about the 20th November, 1864?

PAGE 62

Answer. By order of the commander of the post; i. e., in reference to the Cheyennes. I do not know whether the Arapahoes had any such orders or
not, but think they did.
Question. What time did the Arapahoes leave Fort Lyon?
Answer. About the same time the Cheyennes did.
Question. Do you know of the commander at Fort Lyon taking any steps to disarm the Indians at Fort Lyon at any time after the Camp Weld council?
Answer. Yes.
Question. What were the steps taken by him?
Answer. Ordered the Indians to give up their arms, and sent one of the officers at Fort Lyon down to their camp to take them.
Question. Did the Indians comply with such order, and give up their arms?
Answer. They gave up some; I don't know how many.
Question. State if you know whether the arms given up by the Indians were ever returned to them by the commander at Fort Lyon. If so, when were
they returned?
Answer. I do not know of their being returned.
Question. Do you know anything as to the commander at Fort Lyon making any demand for stock alleged to have been stolen by the Indians? If so,
state what you know.
Answer. The demand was made, and all the stock in their possession then was given up.
Question. How much stock was given up, as stated in your last answer?
Answer. I do not know.
Question. State as nearly as you can the number of animals given up.
Answer. I have no idea at all about it.
Question. State as nearly as you can the number of adult males among the Indians who came in and camped near Fort Lyon.
Answer. About one-fifth of the whole number, I should judge.
Question. State if you know whether there were any Dog soldiers among the Indians who came in and camped near Fort Lyon. If so, what was the
number of Dog soldiers?
Answer. I do not know of any being there.
Question. How were the Indians subsisted while at Fort Lyon?
Answer. The officers at the post made up a contribution for the Cheyennes, and prisoners' rations were issued to the Arapahoes by the commander
of the post or Indian agents.
Question. How long did Major Wynkoop remain in command at Fort Lyon after the Camp Weld council?
Answer. From ten to twenty days after my arrival at Fort Lyon.
Question. By whom was he succeeded?
Answer. Major Scott J. Anthony, first cavalry of Colorado.
Question. Do you know anything of the Indians at Fort Lyon being fired upon by the soldiers while at that post? If so, state what you know.
Answer. There was one fired upon by one of the guard, as she did not halt when told to.
Question. Did Major Anthony make any statement in your hearing on or about the 28th of November, 1864, as to whether he joined Colonel
Chivington's command voluntarily or in obedience to orders? If so, what statement did he make?
Answer. He stated that Colonel Chivington wanted him to go; but I do not recollect whether he said he ordered him or not, but think he did not order
him. I think he said Colonel Chivington said he did not feel authorized to issue any orders in regard to troops situated at Fort Lyon,
Question. Did any person or persons state to you the object of Colonel Chivington's expedition on or about the 28th of November, 1864? If so, who
made such statements, and what were they?

PAGE 63

Answer. Major Anthony made a statement in regard to the object of the expedition, and that the object of the expedition was to go to the Indian camp,
take the stock, and kill the Indians who had committed depredations the previous winter, spring, and summer. To save Black Kettle and his band,
and to go to the Sioux Indian camp on the Smoky Hill.
Question. Did Colonel Chivington, at any time prior to the battle of Sand creek, state to you the object of his expedition?
Answer. I heard him say he was in favor of killing all the Indians he came to.
Question. Do you know anything of a messenger being sent from Fort Lyon at or about the 27th or 28th of November, 1864, to Little Raven or his
band of Indians, to inform him or them of the presence of Colonel Chivington's command in that vicinity? If so, state what you know?
Answer. I do not know anything about it. This is the first time I heard of such a thing.
Question. Were all the Indians attacked by Colonel Chivington's command on or about the 29th of November, 1864, at any time encamped at Fort
Lyon?
Answer. No; there were but very few of them.
Question. What is the course of Sand creek at the place where the battle took place on the 29th of November, 1864?
Answer. About east and west.
Question. On which bank of the creek was the Indian village located?
Answer. On the north bank.
Question. State as near as you can the number of Indians there at the time the fight began, on the 29th of November, 1864.
Answer. About five hundred I should judge.
Question. How many lodges were there? State as near as you can.
Answer. About one hundred. I was told by a man that counted them, there were one hundred or one hundred and three.
Question. To what battalion or military organization did your company belong?
Answer. To the Fort Lyon battalion, commanded by Major Anthony.
Question. Did you receive any orders from Major Anthony, or any other field officer, after the battle began, and before the termination thereof? If so,
what were those orders?
Answer. I received orders from Major Anthony to move my company to the left, to the bank of the creek, and there remain until further orders, so as to
be out of danger of the fire from Colonel Chivington's command
Question. State how long after the battle began you received the order mentioned in your last answer.
Answer. But a few minutes.
Question. Did you receive any other orders than that you have mentioned? If so, from whom, and how long after the battle began?
Answer. I received an order from Mr. Gill, to burn the Indian village. I received an order from Colonel Chivington to furnish four or five men as
messengers back to Fort Lyon or the train. Was hallooed at by someone in the third regiment battery to get out of the road, as they were going to
open fire. In the afternoon received an order from Major Anthony to go with my company back to the train. The order of Mr. Gill was received half an
hour after the battle began. The order from Colonel Chivington a little before, or about the time the battle closed. The order from Major Anthony about
two hours after the fight.
Question. Did you move from the position which you assumed in compliance with Major Anthony's order, first received by you, during the progress of
the fight? If so, by whose order did you move?
Answer. I did move from the position. I was hallooed at by some one, (I don't know whether it was an order or not,) to get out of the road, as they
were going to fire with the battery.

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Question. On which bank of the creek did you first take position after the battle began?
Answer. On the north.
Question. How long did you remain on the north bank of the creek?
Answer. During the fight.
Question. How far did you move from the position first assumed by you, during the fight, and in what direction?
Answer. Up the creek perhaps three or four miles.
Question. How far along the line of the creek did the battle extend?
Answer. Perhaps three or four miles.
Question. Did the men of your company remain in rank, and effect their movements as a military organization throughout the fight?
Answer. They did not.
Question. How long after the battle began did the men of your company remain in rank?
Answer. From one half to one hour.
Question. Did the men of Colonel Chivington's command remain in rank, and conduct the battle in squadrons, companies, battalions, or regiments,
throughout the battle, or in a disorderly manner?
Answer. I should call it a disorderly manner.
Question. What were the positions respectively of those bodies of soldiers of whom you have spoken as being endangered by each other's fire?
Answer. On the opposite banks of the creek, nearly opposite each other, and but two hundred or three hundred yards apart, and in no regular order,
all appearing to do they thought best.
Question. Did the bodies of soldiers of whom you have spoken as being under each other's fire assume those positions in ranks and by
companies, or in a disorderly manner?
Answer. In a disorderly manner; and partially by companies.
Question. State if you know whether they assumed those positions by order of any field officer, or otherwise.
Answer. I do not know.
Question. At how many different times during the progress of the battle did you see soldiers under the fire of other soldiers, and what was the
number of soldiers so under the fire of other soldiers, and how long did they remain in that position? State as nearly as you can.
Answer. After the first hour nearly all the command was in that position throughout the fight.
Question. Upon which side of the creek did John Smith attempt to make his escape in the manner stated by you in your direct examination?
Answer. On the north side.
Question. To what company, battalion or regiment did the soldiers belong who cried out, "shoot the son of a bitch?"
Answer. I should judge, from the third regiment, as it came from our rear.
Question. To what company, regiment, or battalion did the soldiers belong who fired on John Smith and the man with the white flag?
Answer. I should judge from the third regiment, as I saw none of our battalion firing at the time.
Question. What was the position of the third regiment at the time that John Smith and the man with the white flag attempted to approach the
command?
Answer. To our right and rear; one battalion of it was across the creek.
Question. On what bank of the creek was the third regiment at that time?
Answer. Part of it on the north and part on the south bank.
Question. Upon which bank of the creek were the men who fired on Smith and the man with the white flag?
Answer. On the north bank I should judge.

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Question. Upon which bank of the creek was George Pierce at the time he was shot?
Answer. On the north bank.
Question. How far were you from the place where he fell at the time he was shot?
Answer. Fifty or sixty yards.
Question. What efforts did he make to save Smith that led to his being shot?
Answer. He rode his horse around Smith so as to prevent soldiers from shooting in that direction.
Question. When did you return to the battle-field after the battle was ended?
Answer. We were then on the battle-field.
Question. At what time did you leave the battle-field after the battle was ended?
Answer. Between 3 and 4 o'clock.
Question. Did you return to the battle-field after that time? If so, when?
Answer. I did not return.
Question. At what time did you ride over the field after the battle was ended?
Answer. On my way back to the Indian village.
Question. Did you ride over the entire field after the battle was ended?
Answer. I did not.
Question. Over what portion of the field did you pass?
Answer. Nearly all of it; through the centre, down the creek.
Question. How did you pass along the creek in the manner stated in your last answer?
Answer. I stated the whole length from the upper end of the battle-ground to the Indian village.
Commission adjourned until 2 p. m. to-day.

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

Cross-examination of Second Lieutenant Joseph A. Cramer by J. M. Chivington, continued:
Question. State, if you know, whether those Indians who escaped from the Sand Creek battle-field were men or squaws, and to which sex the
majority belonged.
Answer. They were men, squaws, and children; the majority of them were squaws and children.
Question. State, if you know, when Major Wynkoop gave Black Kettle instructions as to signals to be used by him.
Answer. The only kind I know anything about was on our Smoky Hill trip; heard that he gave some instructions at Fort Lyon, after our return from
Denver.
Question. Who, if any one, gave the white persons who were in the Indian camp at Sand creek permission to go there?
Answer. Major Anthony, I understood; also the Indian agent, Major Colley.
Question. In what military district was Fort Lyon and the place where Major Wynkoop held the council with the Indians on the Smoky Hill and the
battle-field of Sand creek at the various times when the events you have mentioned took place?
Answer. District of the Upper Arkansas.
Question. Who was in command of that district at those times?
Answer. Major General Blunt part of the time and Major Henning.
Question. Do you know anything as to any of the troops at Fort Lyon during the summer or fall of 1864 being ordered to assist the Cheyennes and
Arapahoes in fighting the Ute Indians?
Answer. No.
Ex. Doc. 26-----5

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Question. Do you know anything as to troops at Fort Lyon going out to assist Arapahoes or Cheyennes against the Ute Indians?
Answer. No.
Question. Do you state that Captain Cree stated in your presence that he was acting under orders from Colonel Chivington in killing prisoners in his
possession?
Answer. I did. After stating the circumstances of the killing of those prisoners, he then said he was acting under orders from Colonel Chivington.
Question. Do you know anything as to officers of Major Wynkoop's expedition giving whiskey to Indians while out on the expedition to the Smoky Hill?
If so, state what you know:
Answer. I do not.
Question. State, if you know, whether whiskey or other intoxicating liquor was used by officers of Major Wynkoop's expedition while out upon that
expedition. If so, state whether the same was used freely or otherwise.
(Question objected to by Lieutenant Colonel Samuel F. Tappan for the same reason objection was made to a similar question, made during the
cross-examination of Captain Silas S. Soule.
Objection sustained by the commission:)
Question. What was your means of knowledge as to stock and other property taken at Sand creek having been stolen by men and officers of the
third regiment?
Answer. What I heard reported and what I saw.
Question. From whom did you hear reports and what were those reports respecting such stock and other property?
Answer. I can't tell who I heard them from. One report was that one of the officers of the third regiment, I think a captain, had sold quite a number of
the ponies, giving a bill of sale for the property, and that the officers and men on their road to Denver were constantly running off stock, and leaving it
at ranches along the route, and a good deal was run off after arriving at Denver.
Question. If you can do so, give the name of the officer or officers of the third regiment concerning whom you heard such report.
Answer. Captain Baxter was one who I heard had a lot of this stock, and that Captain J. J. Johnson, who had the stock in charge, knew of its being
run off.
Question. What did you see which led you to believe that such stock and other property had been stolen?
Answer. I saw some of the stock.
Question. Where did you see such stock, and in whose possession did you see it?
Answer. I do not know in whose possession; I saw it on my road from Fort Lyon to Denver, and reported the fact to Colonel Moonlight, commanding
district.
Question. At what time did you see it, and how much did you see?
Answer. I saw it in the month of January, 1863: [sic] I probably saw from twenty to fifty head.
Question. Where was the stock when you saw it?
Answer. On the Arkansas and Fountain-qui-bouit.
Cross-examination of Second Lieutenant Joseph A. Cramer by J. M. Chivington, closed.
Re-examination of Second Lieutenant Joseph A. Cramer by the commission:
Question. Was Major Wynkoop at the time he started for Indian camp on the Smoky Hill in command of the post and all the troops at Fort Lyon?
Answer. He was.
Question. In what department and district was Fort Lyon at that time?
Answer. Department of Kansas, district of the Upper Arkansas.

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Question. State the distance from Fort Lyon to department and district headquarters.
Answer. About three hundred and fifty miles to district headquarters, and about four hundred and fifty or five hundred miles to department
headquarters; district headquarters was at Fort Riley; department headquarters at Fort Leavenworth, Kansas.
Question. State the facilities for communicating at that time with department and district headquarters, and the time necessary to transmit a letter to
each and return.
Answer. The facilities were very poor, as we had only a weekly mail, and would take about a month to hear from department headquarters and about
three weeks from district headquarters.
Question. Did Black Kettle in council claim that the Dog soldiers of his tribe were under his control?
Answer. He admitted it indirectly by saying that he had been unable to control all of them, and would be unless a treaty was made.
Question. At the time the Indians commenced loading their guns and stringing their bows in camp on Smoky Hill, were the chiefs in council with
Major Wynkoop and other officers?
Answer. They were.
Question. Did the chiefs at the time make any efforts to prevent an outbreak or attack by the warriors?
Answer. I do not know, as I was absent from the council at that time.
Question. Did you consider the actions of the Indians while in Major Wynkoop's camp on the Smoky Hill as manifesting a hostile or mischievous
spirit?
(J. M. Chivington respectfully objects to the question for the reason that it seeks to draw from the witness his conclusion as to the acts of the Indian
chiefs. Witnesses are called upon to testify respecting facts, not to give opinions.
Objection sustained.)
Question. Do you know where the white captives were at the time of the council on the Smoky Hill?
Answer. I do not.
Question. Did Governor Evans tell the Indian chiefs in council that he had power to make peace with them?
Answer. I do not recollect whether he did or not.
Question. In the council in Denver or Camp Weld, (held by Governor Evans and others with the Indian chiefs,) was any person appointed as
secretary and instructed to keep a record of the proceedings?
Answer. Not that I know of.
Question. Did Colonel Chivington, in the council held at Camp Weld with certain Indian chiefs, make any statements that were interpreted to the
Indians?
Answer. He did, I think.
Question. State as nearly as you can the number of warriors in Black Kettle's camp at the time of the attack upon it by Colonel Chivington.
Answer. I do not think there were over one hundred.
Question. State as near as you can the number of warriors killed at the attack upon Black Kettle's camp by Colonel Chivington.
Answer. Probably not over fifty warriors.
Question. State in what capacity Mr. Gill acted, and by what authority he gave you an order to burn the village of Black Kettle, on Sand creek?
Answer. He gave me the order as coming from Colonel Chivington. I do not know in what capacity he was acting. He acted as though he was an aid
or assistant.
Question. Were the officers and men who accompanied Major Wynkoop to the Smoky Hill ordered by him to go?
Answer. They were.

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Question. State if you know of any field officer at Sand creek endeavoring to rally the men from under each other's fire.
Answer. There was none that I know of.
Re-examination of second Lieutenant Joseph A. Cramer, veteran battalion first Colorado cavalry, closed.
Commission adjourned until 9½ o'clock a. m., Monday, March 6th, 1865.


TWENTY-SECOND DAY.

MARCH 6, 1865.
Commission met pursuant to adjournment. Present, all members and recorder.
Proceedings of yesterday read and approved with the following amendments:
On page 260, first answer to first question, add the following:
"At that time Lieutenant Hardin was forming the men just outside the council, facing towards the council, looking towards the Indians, as if he was
going to fire on the chiefs in council. At the time I ordered the men to disperse and keep near the wagons, I believed it to be necessary so to do to
prevent a fight with the Indians. Immediately after my actions in regard to the case, I reported what I had done to Major Wynkoop, and I think he
approved my actions."
On page 249, answer to last question, add the following:
"When we were first ordered to the front to drive in the Indian stock, a man appeared on the hill, about half a mile south of the village and south of the
creek, having a white flag, which he was waving over his head. He was fired upon. By whom I do not know, and I do not know what became of him."

JAMES P. BECKWITH called in by the commission to give evidence.
J. M. Chivington respectfully asks that the witness, James P. Beckwith, may be interrogated as to his belief in the existence of God, who rewards
good and punishes evil, before he is sworn.

By COMMISSION:
Question. James P. Beckwith, do you believe in the existence of a Supreme Being, of a God, by whom truth is enjoined and falsehood punished,
and do you consider the form of administering an oath as binding upon your conscience?
Answer. I do.
The oath being administered according to law, in presence of J. M. Chivington, late colonel first Colorado cavalry, James P. Beckwith testified as
follows:
Question. Your full name, age, and residence?
Answer. James Pierson Beckwith. I reside in this city at present. I am in my 69th year.
Question. How long have you resided in what is now known as Colorado Territory?
Answer. Off and on for forty-nine years. Not in this Territory that long.
Question. Did you accompany Colonel Chivington's command to Sand creek last November?
Answer. Yes. I started with Colonel Shoup as guide and interpreter; afterwards Colonel Chivington overtook us, and, I think, assumed command.
Question. Were you present at Sand creek at the time of the attack upon Black Kettle's camp, by Colonel Chivington?
Answer. Yes, I was present.
Question. Previous to the attack on Black Kettle's village, did you hear Colonel Chivington give any orders or make any remarks to his command?
Answer. Yes.
Question. What orders did he give, and what remarks did he make to his command?
Answer. His remark, when he halted us in the middle of Sand creek, was this: "Men, strip for action." He also said, "I don't tell you to kill all

PAGE 69

ages and sex, but look back on the plains of the Platte, where your mothers, fathers, brothers, sisters have been slain, and their blood saturating the
sands on the Platte."
Question. How many lodges did the village of Black Kettle contain at the time of the attack?
Answer. I can't tell. I did not count them.
Question. State as near as you can the number of lodges at the time of the attack?
Answer. From eighty to one hundred, as near as I could guess from the look of them. I did not count them.
Question. State as near as you can of what tribes Black Kettle's camp was composed?
Answer. Of the Cheyennes and Arapahoes.
Question. Are you acquainted with the manners and customs of the Cheyennes and Arapahoes?
Answer. Perfectly.
Question. State as nearly as you can the number of Indians of the Cheyennes and Arapahoes usually assigned to each lodge in their winter camps?
(J. M. Chivington objects to the question because it does not appear that the witness has any knowledge of the subject-matter of the inquiry, and
because he is not asked to give his knowledge, but merely to state as nearly as he can. A person having no knowledge of the subject might answer
the question truthfully, and yet the answer would be of no value as testimony.
Objection overruled.)
Answer. I could not, as I have not been with them for the last twelve or fourteen years. I mean I have done no business or trading with them for that
length of time.
Question. During the last fourteen years have you passed through the Cheyennes or Arapahoes villages?
Answer. Yes. Have been in them frequently since.
Question. Have you any acquaintance with the chiefs of the Cheyennes and Arapahoes, and their people?
Answer. Yes.
Question. Describe an Indian lodge.
Answer. They are generally made of dressed buffalo skins. They are made in such a way that I cannot give the dimensions of them. They are made
similar to the round tents. Have poles on the inside of the lodge, and two poles on the outside to turn the two wings of the lodge, to turn the smoke.
Question. State as nearly as you can the number of Indians in the village of Black Kettle at the time of the attack.
(J. M. Chivington objects to the question for the reason that it does not appear that the witness has any knowledge of the subject-matter of the inquiry.
Objection sustained.)
Question. Were there any Indians in the camp of Black Kettle at the time of the attack? If so, state how many.
Answer. Yes, there were Indians in the camp, but how many it is impossible for me to say.
Question. At what time in the morning did the attack on Black Kettle commence?
Answer. A little after sunrise.
Question. At what time was the attack over?
Answer. I think it was between 2 and 3 p. m. when they ceased firing. I had not the time of day with me, but guess it was about that time.
Question. Were any Indians killed? If so, state how many.
Answer. It is impossible for me to say how many were killed. A great many were killed, but I cannot guess within a hundred how many were killed.

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Question. Were those Indians killed on Sand creek, warriors?
Answer. There were all sexes, warriors, women, and children, and all ages, from one week old up to eighty years.
Question. What proportion of those killed were women and children?
Answer. About two-thirds, as near as I saw.
Question. Were any of the Indians killed at Sand creek scalped, and otherwise mutilated?
Answer. They were scalped; that I know of. White Antelope was the only one I saw that was otherwise mutilated.
Question. Did the Indians at Sand creek, at the time of the attack, form in line of battle to resist Colonel Chivington's command?
Answer. Not until they had been run out of their village.
Question. What did the Indians do at the time of the attack upon them by Colonel Chivington?
Answer. They run out of the village, and formed to fight until the shells were thrown among them, and they broke and fought all over the country.
Commission adjourned until 2 p. m. this day.

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

Examination of James P. Beckwith, by the commission, in presence of J. M. Chivington, late colonel, &c., continued:
Question. Did any of the Indians make an attempt to reach Colonel Chivington's command at the time of the attack?
Answer. Yes, one Indian.
Question. Do you know his name? If so, state it, and what he did.
Answer. The name he went by with the Indians was Spotted Antelope, and by the whites, White Antelope. He came running out to meet the
command at the time the battle had commenced, holding up his hands and saying "Stop! stop!" He spoke it in as plain English as I can. He stopped
and folded his arms until shot down. I don't know whether the colonels heard it or not, as there was such a whooping and hallooing that it was hard
to hear what was said.
Question. Was any attention paid to White Antelope as he advanced towards Colonel Chivington's command?
Answer. None, only to shoot him, as I saw.
Question. Did White Antelope have anything in his hand as he advanced towards the command?
Answer. Nothing that I saw.
Question. How near Colonel Chivington's command was White Antelope shot down?
Answer. As near as I can guess, fifteen or twenty steps.
Question. Was White Antelope scalped and otherwise, mutilated?
Answer. Yes, both.
Question. Did you see any person engaged in scalping White Antelope?
Answer. I did not. I saw him, though, after this had been done.
Question. State if any others advanced towards the command at the time of the attack.
Answer. Mr. Smith, the United States interpreter, was the only one I saw.
Question. What was done as Mr. Smith advanced towards the command?
Answer. As close as I recollect I think he spoke to Colonel Chivington, and I cannot recollect what he said. I think Colonel Chivington told him to
jump on the artillery carriage, and remain there, which he obeyed as sure as you are born.
Question. Did any of Colonel Chivington's command fire upon John Smith?
Answer. Not that I saw. The reports were so, but I did not see anybody fire at him.

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Question. Did you see any of Colonel Chivington's command in the act of scalping the Indians at Sand creek?
Answer. I did; I saw several men scalping, but I know not their names; but there is only one man that I know who scalped an Indian I killed myself.
Question. Did you see any officer of Colonel Chivington's command scalping the Indians at Sand creek?
Answer. No.
Question. Did any officer or officers of Colonel Chivington's command make any efforts to prevent scalping or mutilating of the dead at Sand creek?
Answer. None that I saw or heard. I only saw White Antelope that had been mutilated otherwise than by scalping.
Question. Did Colonel Chivington's command take any prisoners? If so, state what was done with them.
Answer. The prisoners taken was one woman rescued by Charley Antoby, turned over to me, and Colonel William Bent's son Charles (half-breed
Cheyenne) begged of me to save his life, and him and the squaw together. I put him in an ambulance with Captain Talburt, who was wounded; sent
him to the hospital with Captain Talburt, and told him to stay there until I came; then I took the squaw with a wounded soldier by the name of Metcalf,
and got them safe into camp. I did not go on the battle-field until next morning. Charley Bent went off with his brother that night with the ponies.
Question. Were any others taken prisoners than those you have mentioned?
Answer. Yes, there was an old squaw with two children. I do not know as they were taken prisoners, but they were found in camp that evening after
the battle. There were two little girls and a boy that were taken prisoners. The oldest girl was between twelve and fourteen years old. The next was
between ten and eleven, and the boy between eight and nine years of age. One of the old squaw's daughters had a finger shot off.
Question. Was there any shooting in camp after the attack upon Black Kettle's camp?
Answer. They were shooting all over the country, in camp and out of camp.
Question. Was any person shot in Colonel Chivington's camp after the battle with the Indians?
Answer. Yes.
Question. State who it was.
(J. M. Chivington objects to the question for the reason that it does not appear that the witness has any knowledge upon the subject-matter of
inquiry, while the question assumes that he has such knowledge.
Objection not sustained.)
Answer. It was a half-breed, who went by the name of Jack Smith, John Smith's son. He was sitting in the lodge with me; not more than five or six
feet from me, just across the lodge. There were from ten to fifteen soldiers came into the lodge at the time, and there was some person came on
the outside and called to his father, John Smith. He, the old man, went out, and there was a pistol fired when the old man got out of the lodge. There
was a piece of the lodge cut out where the old man went out. There was a pistol fired through this opening and the bullet entered below his right
breast. He sprung forward and fell dead, and the lodge scattered, soldiers, squaws, and everything else. I went out myself; as I went out I met a man
with a pistol in his hand. He made this remark to me: he said, "I am afraid the damn son of a bitch is not dead, and I will finish him." Says I, "Let him
go to rest; he is dead." That is all that occurred at that time. We took him out and laid him out of doors. I do not know what they did with him
afterwards.
Question. Who were in the lodge at the time Jack Smith was killed?
Answer. There was a soldier who belongs to the Colorado first and a teamster. I do not know their names, nor the company the soldier belonged to.

PAGE 72

There were ten or fifteen other soldiers in the tent, but do not know what regiment or company they belonged to. Some of them belonged to the third
Colorado cavalry.
Question. Do you know the name of the man you met who had the pistol?
Answer. No, I do not.
Question. Were any efforts made by the commanding officer to ascertain who had killed Jack Smith?
Answer. Not as I know of.
Question. Did you hear any threats made against the life of Jack Smith, previous to his being shot?
Answer. Yes.
Question. What were those threats and by whom made?
Answer. By whom, I know not. It was made by soldiers, who said that he should not leave the camp alive.
Question. Where were the wounded taken during the fight?
Answer. They were taken back to a lodge used as a hospital.
Question. In what part of the field was the hospital established for wounded officers and soldiers?
Answer. A little east of north of where we attacked the village.
Question. How early in the fight was the hospital established at the place mentioned?
Answer. I think about three or four hours after the charge and the battery opened. It was after the village was cleaned of the Indians.
Question. Where were the Indians at the time the hospital was established?
Answer. They were beyond the village. The main portion of them were south of the village. The Indians were everywhere.
Question. Had the firing ceased in that part of the village at the time and place where the hospital was established?
Answer. Yes.
Question. Have you seen any of the Cheyennes since the day of the attack on Sand creek?
Answer. Yes.
Question. When and where did you see them?
Answer. I saw them between the 9th and 12th of January, on the White Man's fork. I went into their village in the night. The White Man's fork heads in
the vicinity of the Smoky Hill. It used to be called the Box Elder by the trappers.
Question. How large a village was it?
Answer. There were about one hundred and thirty or one hundred and forty lodges. They were then travelling north.
Question. Were they all Cheyennes?
Answer. No, they were mixed up with other tribes, half-breed Cheyennes, Kiowas, and Camanche warriors. There may have been some Arapahoe
lodges among them; most of the lodges were Cheyenne.
Question. Were there any chiefs among them? If so, state who they were.
Answer. There were Leg-in-the-Water, who was then acting as chief, (Black Kettle was not there,) and Little Robe, son of the old war chief who was
killed at Sand creek.
Question. State what transpired while you were in the village.
(J. M. Chivington objects to the question, for the reason that it seeks to draw from the witness information which was derived from the Indians, and is
therefore hearsay. Furthermore, it is sought by this question to make the proceedings at an unauthorized interview with Indians' testimony, to be
considered in this investigation, when none of the parties who may be charged as military offenders were present thereat. Again, the interview
between the witness and

PAGE 73

the Indians occurred after the battle of Sand creek, and therefore it is not a proper subject for investigation under the instructions given the
commission.
The commission are instructed to make such investigation as may disclose all the facts connected with the battle of Sand creek, not to inquire
concerning the results of that battle.)
Commission was cleared for discussion. Commission adjourned until 9½ a. m. to-morrow, March 7, 1865.


TWENTY-THIRD DAY.

MARCH 7, 1865.
Commission met pursuant to adjournment. Present, all members and recorder.
Proceedings of yesterday read and approved.
The objections by J. M. Chivington, against obtaining from the witness testimony as to what transpired in the camp of the Indians while he was
present, are sustained so far as to rule out the question, and all information referring to the probable results of the affair of Sand creek. But in order
to do justice to all parties, and in consequence of not being able to procure the attendance to this commission of the surviving Indians who were
attacked while in camp on Sand creek, it becomes necessary to question the witness in reference to statements, admissions, &c., made by the
Indians to him (the witness) in reference to their (the Indians) understanding of the agreement between them and the military authorities at Fort
Lyon, and their (the Indians) admissions to the recapture of stock taken by Colonel Chivington from them at Sand creek, receiving it as information
essential to the object of this commission, which is to obtain all facts, and do justice to all parties.

Examination of James P. Beckwith by the commission, in presence of J. M. Chivington, continued:
Question. While in the camp of the Indians on White Man's fork, did you have any conversation with them in reference to Sand creek?
Answer. Yes.
Question. What was said?
(J. M. Chivington respectfully objects to the question. The statements of Indians are never received as evidence even when the Indians are
personally present, except in cases where it is specially authorized by statute. In other words, it requires an express congressional enactment to
render an Indian a competent witness, as in cases of violation of the Indian intercourse laws. The instructions given the commission do not
authorize them to receive hearsay testimony as coming from Indians or whites. The latitude given to the commission is as to the facts concerning
which evidence may be received, not as to what shall or shall not be considered evidence. The commission may receive evidence as to any fact
deemed material, but all evidence received must be such as is recognized by law as evidence. Objection overruled by a majority of the commission.)
Answer. I went into the lodge of Leg-in-the-Water. When I went in he raised up and he said, "Medicine Calf, what have you come here for; have you
fetched the white man to finish killing our families again?" I told him I had come to talk to him; call in your council. They came in a short time
afterwards, and wanted to know what I had come for. I told them I had come to persuade them to make peace with the whites, as there was not
enough of them to fight the whites, as they were as numerous as the leaves of the trees. "We know it," was the general response of the council. But
what do we want to live for? The white man has taken our country, killed all of our game; was not satisfied with that, but killed our wives and children.
Now no peace. We want to go and meet our families in the spirit land. We loved the whites

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until we found out they lied to us, and robbed us of what we had. We have raised the battle-axe until death.
They asked me then why I had come to Sand creek with the soldiers to show them the country. I told them if I had not come the white chief would
have hung me. "Go and stay with your white brothers, but we are going to fight till death." I obeyed orders and came back, willing to play quits. There
was nothing mentioned about horses or anything that transpired on the battle-field, with the exception of their wives and children.
Question. While in the camp, was anything said in reference to the chief Black Kettle?
Answer. Yes.
Question. What was said?
Answer. That he had gone over to the half-breed Cheyenne village, and Sioux also, to raise the warriors of those two tribes to fight the whites when
grass came, (meaning spring.)
Question. You say you are acquainted with the manners and customs of the Cheyennes and Arapahoes. State what is the custom of these Indians
in their treatment of women and children taken in battle from their enemies.
(J. M. Chivington objects to the question. Objection not sustained by a majority of the commission.)
Answer. The children are treated kindly; the women are generally violated.
Question. Do they often kill, scalp, and otherwise mutilate women or children taken prisoners by them in battle?
(J. M. Chivington objects to the question. Objection sustained.)
Direct examination of James P. Beckwith closed.
Cross-examination, of James P. Beckwith, by J. M. Chivington:
Question. With what company, battalion, and regiment of Colonel Chivington's command were you at the time of the attack on Black Kettle's camp?
Answer. I was with a portion of the third regiment (100-days men.) I could not tell what company, or battalion I was with.
Question. Were you under the command of any officer? If so, of whom?
Answer. I was under the command of Colonel Chivington and Colonel Shoup; no other officer had command over me.
Question. Did you participate in the charge made by the third regiment on the Indian village at Sand Creek? If so, what position did you occupy in that
charge?
Answer. Yes; I charged with the foremost; I was by the side of Colonel Chivington himself for a little ways; his horse was fleeter than mine.
Question. Who made the noise and confusion of which you speak as occurring at the time of the charge?
Answer. Both officers and men, as I heard, with the exception of Colonels Chivington and Shoup. I could hear them occasionally order the men to be
steady. This was while I was in hearing of them, which was but a short time.
Question. Could you hear distinctly all that was said and done at the time that the charge was made?
Answer. No.
Question. How far was White Antelope from you at the time he shouted to the commander to stop?
Answer. He was from fifteen to twenty steps, when I heard him the first time; he was advancing very fast towards the command.
Question. How many feet was White Antelope from you at the time he shouted to the command to stop?
Answer. About sixty feet, probably; that is as near as I can judge.
Question. How many feet was White Antelope from the command at the time he was shot?
Answer. I can't say.

PAGE 75

Question. How far did White Antelope advance towards the command after you first saw him, and before he was shot?
Answer. Some three or four paces, and stopped.
Question. Where was he when you first saw him?
Answer. On the outside of the lodges.
Question. How far outside of the lodges?
Answer. I cannot say.
Question. State as nearly as you can.
Answer. I can't, because I don't know; my attention was drawn too far at that time.
Question. How did you recognize him when you first saw him?
Answer. I was intimately acquainted with him.
Question. Do you know of any orders or directions being given by any officer respecting Jack Smith after the battle?
Answer. None.
Question. Do you know of any order being given respecting the lodge in which you say Jack Smith was killed?
Answer. Yes.
Question. What was that order?
Answer. Colonel Shoup himself ordered me to stay there and protect the squaws and John Smith's property; and also sent me a sergeant from
some company; I don't know who he was.
Question. How long had Jack Smith been in that lodge at the time you say he was killed?
Answer. He was taken about 10 o'clock in the morning of the day of the battle, and remained in the lodge until early in the morning after sunrise the
next day.     Question. Was he or was he not under guard?
Answer. He was not under guard.
Question. Did he remain constantly in the lodge after he fell into the hands of Colonel Chivington's command until he was shot?
Answer. No.
Question. Was the man whom you saw with the pistol after passing out from the lodge an officer or private?
Answer. A private; he had on private's clothing.
Question. How far is it from Denver to the place where you met the Indians on the White Man's fork?
Answer. About eighty-five or ninety miles. It may be a hundred.
Question. When and from where did you start to go there?
Answer. I started from here on the 9th or 10th of the month of January.
Question. Did any one suggest the expediency of going there? If so, who?
Answer. None.
Question. How did you ascertain where you should go in order to find the Indians?
Answer. Because I am acquainted with the country, and from reports, and what I could hear of the depredations they were doing on the road.
Question. How long were you in making the trip?
Answer. Six days and a half going and coming.
Question. Did you go directly from Denver to the place where you met the Indians on White Man's fork?
Answer. Yes, as straight a course as I could go; I struck the trail six or seven miles above where I found the village.
Question. How long were you in going there?
Answer. A little over three days.
Question. Where did you hear that they had committed depredations which led you to suspect the Indians were where you found them?

PAGE 76

Answer. I heard it in town here and saw it in the paper.
Question. Where were these depredations committed?
Answer. Down the Platte.
Question. How far down the Platte?
Answer. I don't know; can't say.
Question. What were the depredations of which you have spoken?
Answer. Killing white men and taking their property.
Question. How long before you went out to meet the Indians were these depredations committed?,
Answer. I know not. It was an every-day occurrence, from reports.
Question. Are Indians usually found upon White Man's fork, soon after they have committed depredations on the Platte?
Answer. I don't know. They were moving north at the time.
Question. Did you not say you were led to suppose that the Indians were on White Man's fork, from the depredations which had been committed?
Answer. Yes.
Commission adjourned until 2 p. m this day.

Two p. m.--Commission met pursuant to adjournment. Present, all members and recorder.
Cross-examination of James P. Beckwith by J. M. Chivington, late colonel &c., continued:
Question. Where have you resided since the first of January last?
Answer. With the exception of the trip I made out to the Indians, I have resided here in Denver.
Question. Did any one accompany you on the trip to the White Man's fork?
Answer. No.
Question. Is there any enmity existing between yourself and Colonel Chivington?
Answer. None, so help me God.
Question. Have you not used expressions of hostility towards Colonel Chivington within the six months last past?
Answer. Not to my knowledge.
Question. To what race do you belong--the white, black, or Indian?
(Objection to the question by Lieutenant Colonel Samuel F. Tappan, president of the commission. Objection sustained by the commission.)
Question. Were you a chief among the Crow Indians?
Answer. Yes.
Cross-examination of James P. Beckwith by J. M. Chivington closed.
Question raised by recorder. The commission was closed for discussion.
Commission adjourned until 9½ a. m. to-morrow, March 8, 1865.

XXXXXXXXXXXXXXXXXXXXXXXXXXXX

TWENTY-FOURTH DAY.

MARCH 8, 1865.
Commission met pursuant to adjournment. Present, all members and recorder.
Proceedings of yesterday read and approved.
Commission adjourned until 2 p. m. this day.

Two p. m.--Commission met pursuant to adjournment. Present, all members and recorder.
N. D. SNYDER called in by the commission to give evidence.
The oath being administered according to law, he (Snyder) testified as follows:
Question. Your full name, age, and occupation?
Answer. Naman D. Snyder; nineteen years old; occupation a soldier.
Question. How long have you been in the service as a soldier?

PAGE 77

Answer. I enlisted on the thirteenth of December, 1863.
Question. To what regiment and company did you belong in November, 1864?
Answer. Company D of the first regiment Colorado cavalry.
Question. Where was your company stationed during the latter part of November, 1864?
Answer. At Fort Lyon.
Question. Where was your company on the morning of the twenty-ninth of November, 1864?
Answer. Out with Chivington, I believe.
Question. Was your company in the engagement with Indians on Sand creek at that time?
Answer. I don't recollect.
Question. Were you present at the attack on Black Kettle's camp on Sand creek?
Answer. Yes.
Question. At the time of the attack on Black Kettle's camp, did you see any American flag? If so, state where you saw it.
(Colonel John M. Chivington objects to the question. Objection overruled by the commission.)
Answer. Yes, at the lower end of the village. The west end.
Question. Were any Indians killed during the attack upon Black Kettle's camps on Sand creek?
Answer. Yes.
Question. Was anything more done to the Indians? If so, state what it was.
Answer. Nothing more done to the Indians on Sand creek as I saw.
Question. Have you been to Sand creek since?
Answer. Yes.
Question. State the time you went to Sand creek.
Answer. About the fourteenth of January.
Question. Who did you go to Sand creek with?
Answer. Captain Soule, and Captain Boothe, and thirty men of D and K companies.
Question. What did you see there?
Answer. Dead Indians and a desolate looking place.
Question. How many dead Indians did you see at Sand creek on your second visit?
Answer. I saw ninety-eight.
Question. Were the Indians killed at Sand creek in November all warriors?
Answer. No.
Question. What were they?
Answer. Squaws and pappooses, besides the warriors.
Question. What proportion of the whole number killed at Sand creek were women and children?
Answer. Half that were there, as near as I can guess.
Question. Do you know of any scalping being done by Colonel Chivington's command at Sand creek?
(John M. Chivington respectfully objects to the question. Objection overruled by the commission.)
Answer. Yes.
Question. State how you know of scalping being done at Sand creek?
Answer. By seeing it done.
Question. State who you saw engaged in scalping.
Answer. The boys in the third regiment; also the boys in the first regiment.
Question. Were the women and children scalped?

PAGE 78

(John M. Chivington respectfully objects to the question. Objection overruled by the commission.)
Answer. Yes.
Question. Were any of the Indians otherwise mutilated at Sand creek?
(J. M. Chivington most respectfully objects to the question. Objection overruled by the commission.)
Answer. Yes.
Question. By whom were any otherwise mutilated?
Answer. By a company of Mexicans.
Question. Were the Mexicans a portion of Colonel Chivington's command?
Answer. Yes.
Question. Did any officer of the command attempt to prevent scalping and mutilating?
(J. M. Chivington objects to the question. Objection overruled by the commission.)
Answer. Not that I know of.
Question. Were those you saw engaged in scalping and mutilating the dead, private soldiers?
Answer. Yes.
Question. Were all the Indians killed at Sand creek killed by Colonel Chivington's command?
Answer. Yes.
Question. Were any prisoners taken by Colonel Chivington's command at Sand creek?
Answer. Yes.
Question. How many, and what was done with them?
Answer. To the best of my recollection there were three taken and brought to Denver.
Question. How many dead Indians did you see on the day of the battle at Sand creek? State as near is you can.
Answer. Two hundred.
Direct examination of Naman D. Snyder, a soldier, closed.

Cross-examination of Naman D. Snyder, by J. M. Chivington, late colonel, &c.:
Question. You state, at the time of the attack on the Indian village at Sand creek, you saw an American flag at the western end of the village. Was that
the end from which you approached the village? If not, please state from what end you approached the village, and how far this flag was from you?
Answer. We approached the village at the end the flag was. The flag was about twenty-five yards from where we first formed in line.
Question. Did you see the soldier when he placed the flag where you saw it?
Answer. No. I saw him place the white flag.
Question. Can you name any person that you saw scalping Indians?
Answer. I can name no one person.
Question. Was this scalping that you saw done during the fight or after the battle was over?
Answer. During the fight.
Question. How do you know that the men belonged to Colonel Chivington's command, that you saw scalping the Indians?
Answer. Because they were under his command:
Question. Did you ever see Colonel Chivington give them any orders?
Answer. No.
Question. How do you know the Mexicans belonged to Colonel Chivington's command?
Answer. Because they were there at the fight and under his command as a company.

PAGE 79

Question. Do you know that the Mexicans were soldiers, and that Colonel Chivington had a right to command them?
Answer. Yes.
Question. How do you know it?
Answer. I know it because they were raised as a company and brought down there under or with his command.
Question. Was there not a number of citizens accompanying Colonel Chivington's command, over whom Colonel Chivington had no control?
Answer. Not that I know of.
Question. On your second visit to Sand creek, with Captain Soule, did not Captain Soule send a number of his men ahead of his command to Sand
creek, with instructions to mutilate the dead, &c.?
Answer. No.
Question. How long did you remain on the field the day the battle of Sand creek was fought?
Answer. From sunrise to two o'clock.
Question. What part of the field were you on? Please describe the field and the place you occupied, with the company to which you belonged.
Answer. Company D was on the southwest part, on west side of the creek, after the battle began. We were first formed on the east side of the creek.
Question. Were you not a great distance, all the time during the fight, from where the fighting was done?
Answer. No.
Question. Were you with company D all the time during the fight at Sand creek?
Answer. No.
Question. Where were you when not with company D?
Answer. With company K.
Question. How many Indians did company K kill in the fight?
Answer. I could not say, not knowing.
Question. Did not Captain Soule direct you to go ahead of his command, on your second visit to Sand creek, and tie up a squaw with your lariat, in
such a position that Captain Boothe, inspector, would think she had been hung?
(Objection to question, by Lieutenant Colonel Samuel F. Tappan, president of the commission. Objection sustained.)


To the president and members of the military commission convened pursuant to Special Orders No. 23:
John M. Chivington respectfully represents that many of the witnesses whom he desired should testify in his behalf before the commission reside
or may now be found in the vicinity of Denver, where the commission is now in session. That some of these witnesses are temporarily in Denver,
and do not intend to remain here but a short time. Being informed that it is the intention of the members of the commission to adjourn at an early day
and reassemble at Fort Lyon, I request that before such adjournment I may have an opportunity to introduce such witnesses as I may be able to find
in the vicinity of Denver, and thus obtain their testimony. As there are no charges or specifications to be sustained by the government, or negatived
by the accused in this proceeding, the reasons for requiring all testimony on behalf of the government to be first introduced lose their force. It
matters not in what order the testimony may be introduced, since no portion of it can be regarded as rebutting to any other portion. I may be
permitted to suggest, further, that much time and expense may be saved to the government by procuring all the testimony obtainable in this vicinity at
the present session of the commission, so that it may not be necessary to reassemble at this place at some future day. If it is thought best the testi-

PAGE 80

mony taken on my behalf as suggested may be incorporated with such other testimony as may be taken on my behalf after the whole shall have
been taken.
Respectfully submitted,
                                          J. M. CHIVINGTON.
MILITARY COMMISSION ROOMS, March 8, 1865.

Commission was cleared for discussion. Commission adjourned until 9 a. m. to-morrow, March 9, 1865.


TWENTY-FIFTH DAY.

MARCH 9, 1865.
Commission met pursuant to adjournment. Present, all members and recorder.
Proceedings of yesterday read, amended as follows, and approved: Page 304, third answer to read, "Yes, all but a squaw, who hung herself."

Cross-examination of Naman D. Snyder, by J. M. Chivington, continued:
Question. Has any person spoken to you in regard to the Sand creek fight? If so, what did they say to you and what were their names?
(Objection to the question by Lieutenant Colonel Samuel F. Tappan, president of the commission. Objection sustained.)
Question. Has any person spoken to you in relation to what you would testify to before this commission in regard to the Sand creek fight? If so, what
are their names and what did they say?
(Objection to the question by Lieutenant Colonel Samuel F. Tappan, president of the commission. Objection overruled.)
Answer. There has been only one person, as I can recollect, who spoke in regard to the matter; that was in regard to one squaw who hung herself;
his name I can't tell; he asked me if there wasn't a squaw hung or not.
Question. Did not some person talk to you this morning about what you testify to, &c., before this commission?
Answer. Not about anything but what I stated before.
Question. Did not Lieutenant Colonel Tappan talk to you about what you could testify before this commission?
Answer. No.
Cross-examination of Naman D. Snyder closed.
Re-examination of Naman D. Snyder:

By COMMISSION:
Question. Has any person attempted to influence you in reference to what you should testify to before this commission?
(J. M. Chivington most respectfully objects to the question. Objection sustained.}
Question. Was the American flag displayed over Black Kettle's camp before any soldiers of Colonel Chivington's command reached the western
end of the village?
(J. M. Chivington most respectfully objects to the question. Objection overruled by the commission.)
Answer. To the best of my knowledge it was.
Question. On your second visit to Sand creek did you reach the place as soon as any of the command?
Answer. Yes, before.
Question. Had any person been sent on in advance of Captain Booth?
(J. M. Chivington most respectfully objects to the question. Objection overruled.)
Answer. Yes.

PAGE 81

Question. You say you were the first to arrive at Sand creek; how long were you there before the arrival of Captain Booth?
Answer. About fifteen minutes.
Question. Was anything done to the dead at Sand creek before Captain Booth arrived on the spot?
(J. M. Chivington most respectfully objects to the question. Objection overruled by the commission.)
Answer. No.

By J. M. CHIVINGTON:
Question. How do you know there was nothing done to the dead before Captain Booth arrived at Sand creek?
Answer. Because I was then in charge of the advance guard.
Question. Is this the only reason you have for stating that you know nothing was done to the dead at Sand creek before Captain Booth's arrival?
Answer. Yes.
Re-examination of Naman D. Snyder closed.
Commission rooms were cleared for discussion.
Commission adjourned until 2 p. m. this day.

Two p. m.--Commission met pursuant to adjournment. Present, all members and recorder.
Captain L. MULLIN called in by the commission to give evidence. The oath being administered according to law, he (Captain Mullin) testified as
follows:
Question. Your full name, residence, and occupation?
Answer. Linden Mullin; residence, Denver; assistant quartermaster and mustering and disbursing officer.
Question. Were you ever assistant quartermaster of the district of Colorado?
Answer. Yes.
Question. At what time were you assigned to duty as assistant quartermaster of Colorado district?
Answer. I don't recollect the time of assignment exactly; I think it was some time in May; I took possession here about the fourth of June, 1863; it was
some time before that that I was assigned.
Question. How long did you continue to act as assistant quartermaster of this district?
Answer. Until September 15, 1864.
Question. Who relieved you as assistant quartermaster of this district at the time mentioned?
Answer. Captain C. L. Gorton.
Question. Was the third regiment Colorado cavalry organized and equipped during the time you acted as assistant quartermaster of this district?
Answer. A part of them.
Question. Who furnished the horses for that regiment?
Answer. I furnished a part.
Question. Where did you obtain the horses you furnished that regiment?
Answer. Bought them here in Denver, and on Boulder creek.
Question. Did you purchase them in open market or by contract?
Answer. In open market.
Question. How many horses were purchased by you for that regiment?
Answer. Seven hundred and sixty-four.
Question. What was the average cost of the horses purchased, and by whom were they inspected
(J. M. Chivington objects to the question for the reason that the facts for which the question calls are shown by the records of the Quartermaster
General's office and by his report made in accordance with the regulations of the
Ex. Doc. 26-----6

PAGE 82

army; therefore such records and reports furnish the best evidence of those facts. Objection overruled:)
Answer. I never footed the average cost; I think it would be about two hundred and twenty-five in vouchers. They were inspected by me--not
appointed, but ordered.
Question. Were the horses you purchased of the first quality?
Answer. They were not.
Question. Of what quality were they?
Answer. Some were good; some very poor as cavalry horses.
Question. Were the horses broken down or only poor in flesh?
Answer. Neither to my knowledge.
Question. Were they serviceable horses?
Answer. I considered them so at the time; I afterwards learned that some of them were constitutionally diseased.
Question. What proportion of the whole number did you afterwards learn were constitutionally diseased?
Answer. I did not learn definitely.
Question. To whom did you deliver the horses?
Answer. What I bought I delivered to companies A, B, C, D, E, and F; the balance I turned over to Captain Gorton. They were turned over between the
20th of August and the 15th of September.
Question. How many of the horses did you deliver to Captain Gorton?
Answer. I can't say definitely.
Question. Were all the horses you delivered to the third regiment purchased in open market?
Answer. They were.
Question. Did you receive any of those horses from officers of that regiment after you had invoiced them?
Answer. No.
Question. Did you furnish that regiment with transportation? If so, state how much?
Answer. I furnished the companies that were then full, for company use, six mule teams, and hired the transportation for regiment; September 3,
thirty-five four mule-teams; September 6, seven four-mule teams, which were transferred to Captain Gorton September 15.
Question. Was this transportation still in the possession of that regiment at the time you were relieved by Captain Gorton?
Answer. It was still in the service of that regiment.
Question. Who furnished the forage for the third regiment after they had received the horses and transportation?
Answer. I furnished it until the 15th of September; I can't tell who furnished it afterwards.
Direct examination by the commission closed.

Cross-examination of Captain Louden Mullin by J. M. Chivington, late colonel, &c.:
Question. By whom were you ordered to purchase the horses of which you have spoken?
Answer. By Major General Curtis, through headquarters district of Colorado.
Question. What order did you receive as stated in your last answer?
Answer. I was ordered to buy in open market horses, and equip and mount the third regiment, either as soon as possible or as soon as practicable,
I don't know which.
Question. Was the third regiment Colorado cavalry organized as a regiment at the time you were relieved by Captain Gorton?

PAGE 83

Answer. I think they were; I am not certain they were mustered in at that time.
Question. State, if you know, the number of men in that regiment at that time.
Answer. I don't know; I think about a thousand.
Question. What use was made of the transportation of which you have spoken, by the companies of the third regiment to which the same was
delivered?
Answer. They used it for hauling forage, rations, and their camp equipage, during the time I had control of them.
Question. Were there any other facilities for transportation accessible to the officers of that regiment, at the time referred to?
Answer. No, not that I know of.
Cross-examination of Captain L. Mullin closed.
Commission adjourned until 9½ a. m. to-morrow, March 10, 1865.


TWENTY-SIXTH DAY.

MARCH 10, 1865.
Commission met pursuant to adjournment. Present, all members and recorder.
Proceedings of yesterday read and approved. Commission adjourned until 2 o'clock this p. m.

Two p. m.--Commission met pursuant to adjournment. Present, all members and recorder.
The question of adjournment:
The application of John M. Chivington was then considered, and after deliberation it was decided not to comply with it at present, but to proceed
without delay to Fort Lyon, and examine such witnesses as may there be introduced, and return to Denver to conclude the labors of the commission.
The commission considers this step necessary on account of the liabilities of the streams becoming at an early day much swollen, rendering travel
to Fort Lyon extremely difficult; and important witnesses are now at Fort Lyon, whose services cannot be dispensed with at that post without
detriment to the public service, and their evidence is important to the object for which this commission was convened.
The recorder is instructed to notify John M. Chivington of the adjournment, to Fort Lyon.
Commission adjourned, to meet again at Fort Lyon, Colorado Territory, on the 20th instant, or as soon thereafter as practicable.
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
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 2                 
Page 44 (cont.)
“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
9.11.01
We'll never forget
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