"I did not allow my men to fire when I formed my first line; the battalion on my right was firing. I wheeled my men into column of fours and marched to the rear of the battalion on my right, to the right of that battalion, to obtain a better position. I marched up Sand Creek some distance, following the Indians who were retreating up the creek. When opposite the main body of Indians, wheeled my men into line, dismounted, and opened fire." "Did you know what band of Indians it was at the time of the attack?" "I heard while at Fort Lyon that Left Hand, of the Arapahoes, and Black Kettle, of the Cheyennes, were at the village." "Did you, at any time prior to the attack, hear Colonel Chivington say that he was going to attack Black Kettle's band?" "I did not." "How long did the fight last?" "The fighting did not entirely cease until about three o'clock in the afternoon." "Did you camp with your regiment near the battle-ground?" "We camped on ground occupied by the Indians before the battle." "What was done with the Indians and other property?" "The lodges were burned. The ponies, numbering, as I was told, five hundred and four, were placed in charge of the provost marshal. A few remained in the hands of the troops." "What were the casualties of your regiment?" "Ten killed, one missing, about forty wounded." "In your opinion how many Indians were killed?" "From my own observation I should say about three hundred." "Were they men, or women and children?" "Some of each." "Did you witness any scalping or other mutilation of the dead by your command?" "I saw one or two men who were in the act of scalping, but I am not positive." * * * * * "Were you present in council with some Indian chiefs in Denver, some time last summer or fall?" "I was." "Who were present—whites and Indians?" "Governor Evans, Colonel Chivington, Captain S. M. Robbins, Major Wynkoop, Major Whiteley, Amos Steck, J. Bright Smith, Nelson Sargent, Captain John Wanless, Black Kettle, White Antelope, and five or six other Indians, and John Smith and Sam Ashcroft, interpreters." "Did the Indians express a desire for peace with the whites?" "Yes." "Upon what terms did they desire peace?" "That they have protection and supplies while the war was carried on against hostile Indians." "Was peace guaranteed to them on any terms?" "They were told by Colonel Chivington that if they would come in and surrender themselves, he would then tell them what to do." "What did the governor tell them?" "That as they had violated all treaties they would have to treat with the military authorities, to whom he had given up all the authority."