"I recollect one occasion, when I had a fight on Pawnee fork with the Indians there, I had fifty-nine men with me, and the Indians numbered several hundred. I was retreating and they had followed me about five miles. I had eleven men of my party shot at that time. I had with my party then a few Delaware Indians, and one Captain Fall Leaf, of the Delaware tribe, had his horse shot; we had to stop every few minutes, dismount, and fire upon the Indians to keep them off. They formed a circle right around us. Finally we shot down one Indian very close to us. I saw Fall Leaf make a movement as though he wanted to scalp the Indian. I asked him if he wanted that Indian's scalp and he said he did. We kept up a fire to keep the Indians off, while he went down and took off his scalp, and gave his Delaware war-whoop. That seemed to strike more terror into those Indians than anything else we had done that day. And I do think if it had not been for that one thing, we should have lost a great many more of my men. I think it struck terror to them so that they kept away from us." "Did the troops mutilate the Indians killed at Sand Creek?" "_They did in some instances that I know of, but I saw nothing to the extent I have since heard stated._" "Did you not feel that you were bound in good faith not to attack those Indians after they had surrendered to you and after they had taken up a position which you yourself had indicated?" "I did not consider that they had surrendered to me; I never would consent that they should surrender to me. My instructions were such that I felt in duty bound to fight them wherever I found them; provided I considered it good policy to do so. I did not consider it good policy to attack this party of Indians on Sand Creek unless I was strong enough to go on and fight the main band at the Smoke Hills, some seventy miles further. If I had had that force, I should have gone out and fought this band on Sand Creek...." "You think the attack made upon those Indians, in addition to the other characteristics which it possesses, was impolitic?"