Chapter 18

Conflicting Testimony

When dealing with the Sand Creek testimony, it becomes readily apparent that it is easy to select testimony and build a case for a massacre, and just as easy to select other pieces of testimony and assemble a case supporting a battle. There is plenty of evidence to blame the Indians for what happened, and other evidence to blame the whites. There is proof that the Indians were shot down where they stood, and other proof that they put up a staunch fight. In other words, the contradictions are numerous and often seemingly irreconcilable.

When examined in detail as a whole, how one comes to view the evidence depends upon one’s own preconceptions and biases. The following eyewitness accounts from the Sand Creek affair demonstrate the contradictory nature of the evidence.

Was Peace Made Before Sand Creek?
Were the Indians Under Army Protection?

“The time when you can make war best, is in the summer time; when I can make war best, is in the winter. You, so far, have had the advantage; my time is just coming.” (Governor Evans to Cheyenne chiefs, Carroll, Documentary History, v.)

“The governor declined to make any peace with them.” (Sam Colley testimony, “Massacre of Cheyenne Indians,” 31.)

“The governor told them that he could not make peace with them.” (Silas Soule testimony, “Sand Creek Massacre,” 9.)

The Cheyenne knew “things looked dark,” and “that we were at war with them.” (Scott Anthony testimony, “Massacre of Cheyenne Indians,” 20.)

Black Kettle and the chiefs had been to Denver and Evans and Chivington told them “that they could not make any treaty of peace with them.” (John Prowers testimony, “Sand Creek Massacre,” 104.)

“The Indians had sent him (Anthony) word that if he wanted to fight he could get as big a one as he wanted by coming out there to Sand Creek.” (Alexander F. Safely testimony, “Sand Creek Massacre,” 220.)

Anthony was asked if peace was made. “I do not think they thought so. I think they were afraid I was going to attack them. I judge so from words that came to me like this: ‘That they did not like that red-eyed chief; that they believed he wanted to fight them.’” (Scott Anthony testimony, “Massacre of Cheyenne Indians,” 28.)

“Major Anthony told them that they would be perfectly safe.” (Joseph Cramer testimony, “Sand Creek Massacre,” 46.)

Major Anthony “urged an immediate attack upon the Indians … they were hostile.” (Jacob Downing statement, “Chivington Massacre,” 69-70.)

The Indians talked with Major Anthony, “received assurances of safety,” and “had no fears of their families being disturbed.” (John Smith testimony, “Massacre of Cheyenne Indians,” 87.)

Major Anthony “told me that those Indians that were encamped on Sand Creek were hostile, and not under the protection of the troops at the post.” (Clark Dunn testimony, “Sand Creek Massacre,” 182.)

“I heard Wynkoop tell some of the chiefs… in case he got word from Curtis not to make peace with them, that he would let them know, so that they could remove out of the way and get to their tribe.” (Silas Soule testimony, “Sand Creek Massacre,” 28.)

The Indians were “under assurances of perfect safety and protection from the government, given to them by myself…. They were perfectly satisfied with the assurances that I had given them.” Major Anthony said “he would insure them the same protection as I had.” (Edward Wynkoop testimony, “Sand Creek Massacre,” 87.)

“I told them I had no authority… to make peace with them.” “I never made any offer to the Indians.” Scott Anthony testimony. (“Massacre of Cheyenne Indians,” 18.)

William P. Minton said he understood that “there should be no hostile parties sent against them…” but “I did not understand that they were to be protected by the troops if attacked; there was nothing of that kind thought of.” (William Minton testimony, “Sand Creek Massacre,” 148.)

“The day before the attack Major Scott J. Anthony … told me that these Indians were hostile.” (John Chivington testimony, “Massacre of Cheyenne Indians,” 104.)

Sam Colley told Chivington “that he had done everything in his power to make them behave themselves, and that for the last six months he could do nothing with them. That nothing but a severe whipping would bring a lasting peace with them.” (John Chivington testimony, “Massacre of Cheyenne Indians,” 105.)

How did Sam Colley regard the Indians? “I regarded them as at that time friendly.” (Sam Colley testimony, “Chivington Massacre,” 28.)

“The chiefs present there had been laboring over a year to keep the peace between the Indians and whites.” (Sam Colley testimony, “Massacre of Cheyenne Indians,” 15.)

“I now think a little powder and lead is the best food for them.” (Sam Colley letter, “Chivington Massacre,” 80.)

Sam Colley to George Shoup: “These Indians had violated their treaty,” and some should not be punished, but those “affiliated with the hostile Indians we could not discriminate; that no treaty could be made that would be lasting till they were all severely chastised; he also told me where the Indians were camped.” (George Shoup testimony, “Sand Creek Massacre,” 178.)

The Indians were told “to move in near Fort Lyon, where they could be protected and taken care of,” and “they went there with all the assurances in the world of peace promised by the commanding officer.” (John Smith testimony, “The Chivington Massacre,” 42.)

“The Indians were encamped at the place where they were attacked in full faith and assurance that they would be protected as friendly Indians.” (Edmund Guerrier testimony, “Chivington Massacre,” 66.)

“I did not understand from any source that the Indians had been placed there at Sand Creek under the protection of the government.” (Presley Talbot statement, “Chivington Massacre,” 68.)

According to the above statements, the Indians were definitely at peace, definitely at war, unquestionably under US Army protection, and unquestionably not under US Army protection. Which are correct?

There is often a discrepancy in testimony concerning what someone else said, versus what that person actually said that he said. For instance, several people claimed Major Anthony gave the Indians promises of peace, while others testified that he did no such thing. Anthony himself swore he did not do anything of the kind. Is it safer to believe someone’s perception of what Anthony said, or is it more trustworthy to rely upon what Anthony claims he said?

It is doubtful that all of the memories of those who offered testimony were faulty, but it is possible many or all offered evidence that best served each individual’s personal and professional interests.

How Many Indians Were in the Village?
How Many Soldiers Were Present?

The Indians numbered “from 900 to 1,000.” (John Chivington report, “Massacre of Cheyenne Indians,” 49.)

There were in the camp “about eleven or twelve hundred Indians.” “[S]even hundred were warriors.” (John Chivington testimony, “Massacre of Cheyenne Indians,” 102-03.)

The Indians were “numbering nine hundred or one thousand.” (Clark Dunn report, “Massacre of Cheyenne Indians,” 55.)

The Indians numbered “from nine hundred to one thousand.” (J. J. Kennedy report, “Massacre of Cheyenne Indians,” 55.)

The Indians “numbered about 1,100 persons.” (Scott Anthony report, “Massacre of Cheyenne Indians,” 54.)

The number of Indians were “in the neighborhood of 700 men, women, and children.” (Scott Anthony testimony, “Massacre of Cheyenne Indians,” 22.)

Doolittle question to Sam Colley: How many Indians were in the camp? “About 500.” (“Chivington Massacre,” 31.)

Doolittle question to John Smith: How many warriors in the camp? “About 200.” (“Chivington Massacre,” 41.)

“There were, I think, about eighty lodges.” Edmund Guerrier testimony. (“Chivington Massacre,” 65.)

“There were from 600 to 800 Indians in all.” (Luther Wilson statement, “Chivington Massacre,” 67.)

“I think there were six hundred Indians in all.” (Robert Bent statement, “Chivington Massacre,” 96.)

The Indians numbered “from five hundred to six hundred souls.” (James Cannon testimony, “Massacre of Cheyenne Indians,” 88.)

In the village there were “not more than 500 souls, two-thirds of which were women and children.” (R. W. Clarke and D. Louderback testimony, “Massacre of Cheyenne Indians,” 93.)

“There were not any more women and children in the village at Sand Creek than are usually in Indian villages.” (David Louderback testimony, “Sand Creek Massacre,” 139.)

Totals for the soldiers were 750 men. (John Chivington report, “Massacre of Cheyenne Indians,” 49.)

Chivington had “a command of about 1,000 men.” (R. W. Clarke and D. Louderback testimony, “Massacre of Cheyenne Indians,” 93.)

Chivington had “about one thousand men.” (James Cannon testimony, “Massacre of Cheyenne Indians,” 88.)

Chivington had “between 800 and 1,000 men in this command.” (John Smith testimony, “Massacre of Cheyenne Indians,” 6.)

“The command consisted of from nine hundred to one thousand men.” (Robert Bent statement, “The Chivington Massacre,” 96.)

Watson Beach counted them as they left Fort Lyon; there were “640 men in the ranks.” (Coffin, Sand Creek, 17.)

“Our regiment had about five hundred men, as, when we got orders to move, a lot of soldiers were home on leave of absence and were not notified in time to join us.” (Breakenridge, Helldorado, 47.)

Regarding the matters of how many Indians were in the Sand Creek village, and how many soldiers attacked them there, there is a definite division between the pro-Chivington personnel (who overestimated the numbers of Indians), and the anti-Chivington crowd (who overestimated the number of soldiers).

Were There Flags in the Indian Camp?

“Black Kettle ran this American flag up to the top of his lodge, with a small white flag tied right under it.” (John Smith testimony, “Massacre of Cheyenne Indians,” 5.)

“I saw no flag of any kind among the Indians.” (Luther Wilson statement, “Chivington Massacre,” 67.)

“I did not see any flags displayed by the Indians.” (Presley Talbot statement, “Chivington Massacre,” 68.)

“I did not see any flag over the village, but afterwards saw a man with a small flag, who said he got it out of a lodge. I saw no person advancing with a white flag, but I think I should have seen it had it happened.” (Jacob Downing statement, “Chivington Massacre,” 70.)

“I did not see any kind of a flag in the Indian camp Caleb.” (Caleb Burdsal statement, “Chivington Massacre,” 72.)

“[A great deal had been said about a white flag—about the Indians sending out a white flag, a flag of truce. I saw none.” (Stephen Decatur testimony, “Sand Creek Massacre,” 200.)

“I saw someone with a white flag approaching our lines, and the troops fired upon it.” “After the fight I saw the United States flag in the Indian camp.” (Joseph Cramer statement, “Chivington Massacre,” 74.)

“I looked towards Black Kettle’s Lodge and he had [a] Flag on [a] Lodge pole in front of his Lodge. Just than the Soldiers opened fire from all sides of the Village.” (George Bent letter, “Letters of George Bent to George Hyde,” March 15, 1905.)

Little Bear hurried through the village and “as I ran by Black Kettle’s Lodge he had Flag tied to [the] Lodge Pole and was holding it.” (Little Bear statement to George Bent, “Letters of George Bent to George Hyde,” April 14, 1906.)

“I saw the American flag waving and heard Black Kettle tell the Indians to stand round the flag.” (Robert Bent statement, “Chivington Massacre,” 96.)

“I saw none during the fight; I saw one in camp after the fight.” (Joseph Cramer testimony, “Sand Creek Massacre,” 50.)

Did you see an American flag? “Yes, at the lower end of the village.” (Naman Snyder testimony, “Sand Creek Massacre,” 77.)

Did you see any white flag? “I did not.” (Alexander Safely testimony, “Sand Creek Massacre,” 221.)

“I saw a camp of Indians, and the stars and stripes waving over the camp.” (George Roan testimony, “Sand Creek Massacre,” 142.)

“Permit me to say that these statements (about flags) are unqualifiedly false.” (Milo Slater statement, “Indian Troubles,” Bancroft Library.)

Was an American flag or a white flag seen in Black Kettle’s village? Slightly more witnesses indicated they had not seen any flags before or during the event than those who claimed otherwise. If someone testified to seeing a white flag, it would be reasonable to conclude that there was one. Not seeing one, however, does not mean there was no white flag, but only that that individual did not see a white flag. Of course, each account could be a function of self-interest as much as the simple truth.

Were the Indians Scalped and Mutilated?

“I never saw anything of that; and I never heard it until I saw” the affidavits. (Scott Anthony testimony, “Massacre of Cheyenne Indians,” 26.)

“I did not see a body of a man, woman, or child but was scalped; and in many instances their bodies were mutilated.” (James Cannon testimony, “Massacre of Cheyenne Indians,” 88-89.)

“I saw some of the first Colorado regiment committing some very bad acts there on the persons of Indians, and I likewise saw some of the one-hundred-day men in the same kind of business.” (John Smith testimony, “Chivington Massacre,” 42.)

“I heard men say they had cut out the privates, but did not see it myself. It was the 3rd Colorado men who did these things.” (Amos Miksch statement, “Chivington Massacre,” 75.)

“I saw no soldier scalping anybody.” “I saw no scalps or other parts of the person among the command on our return.” (Jacob Downing statement, “Chivington Massacre,” 70.)

“I saw in the hands of a good many of the privates a great many scalps, or parts of scalps … as many as a hundred scalps.” (Simeon Whiteley statement, “Chivington Massacre,” 71.)

“Everyone I saw dead was scalped.” (Robert Bent statement, “Chivington Massacre,” 96.)

Question on February 17, 1865: Did you [Silas Soule] witness any scalping and mutilating of Indians? Reply: “I did.” (Silas Soule testimony, “Sand Creek Massacre,” 14.)

Question on February 20, 1865: Did you [Silas Soule] witness any scalping and mutilating of Indians? Reply: “I think not.” (Silas Soule testimony, “Sand Creek Massacre,” 23.)

“White Antelope was the only one I saw that was otherwise mutilated.” “I saw several men scalping.” (James Beckwourth testimony, “Sand Creek Massacre,” 7071.)

Question: Was there scalping and mutilating? “It was very near a general thing.” (James Cannon testimony, “Sand Creek Massacre,” 112.)

“I heard one man say that he had cut a woman’s private parts out, and had them for exhibition on a stick.” (James Cannon statement January 16, 1865, “Sand Creek Massacre,” 129.)

“I heard one man say he had cut a squaw’s heart out, and he had it stuck up on a stick.” (James Cannon testimony, March 28, 1865, “Sand Creek Massacre,” 113.)

“I saw one or two men who were in the act of scalping, but I am not positive.” (George Shoup testimony, “Sand Creek Massacre,” 177.)

“I do not think I saw any but what was scalped; saw fingers cut off, saw several bodies with privates cut off, women as well as men.” (Lucien Palmer statement, “Chivington Massacre,” 74.)

The propensity to recall either extensive scalping or very little scalping largely depended upon whether the witness one was a pro- or anti-Chivington man. Also, as has been previously noted, testimony on this issue changed with time and circumstances.

Were There White Scalps in the Village?

“I never heard a word about a white woman’s scalp being found in the camp until afterwards.” (Scott Anthony testimony, “Massacre of Cheyenne Indians,” 26.)

“I saw them take therefrom [the tipis] a number of white person’s scalps—men’s women’s, and children’s.” (Stephen Decatur testimony, “Sand Creek Massacre,” 195.)

“I saw a good many of white scalps there. Some were not very old. The fresh scalp was from a red haired man.” (Thaddeus P. Bell testimony, “Sand Creek Massacre,” 223.)

“I was shown, by my chief surgeon, the scalp of a white man taken from the lodge of one of the chiefs, which could not have been more than two or three days taken.” (John Chivington report, “Massacre of Cheyenne Indians,” 48.)

“We found in the camp the scalps of nineteen white persons.” (John Chivington testimony, “Massacre of Cheyenne Indians,” 104.)

“In the Indian camp I saw one new scalp, a white man’s, and two old ones.” Luther Wilson testimony. (“Chivington Massacre,” 67.)

I saw “five or six scalps he had in his hand. I should judge, from a casual look, that they were the scalps of white persons.” The hair was white and sandy brown. “My impression is that one or two of them were not more than ten days off the head.” (Caleb Burdsal testimony, “Sand Creek Massacre,” 203-04.)

“In these same tents we found a dozen or more scalps of white people.” (Howbert, Indians of Pike’s Peak, 110.)

“It is a mistake that there were any white scalps found in the village.” (Joseph Cramer statement, “Chivington Massacre,” 74.)

Were white scalps found in the village? As with the case of the flags, it is reasonable to conclude that if several people saw them, the scalps existed, and that those who did not see them simply missed seeing them. Then again, some witnesses may have had something to gain or lose buy affirming or denying the presence of flags or scalps. What is important is to avoid choosing the testimony that confirms our biases and dismiss the non-confirmatory evidence.

How Many Indians Were Killed?

“Between five and six hundred Indians were left dead upon the field.” (John Chivington report, “Massacre of Cheyenne Indians,” 49.)

The number of Indians killed was “about 175 to 200.” (Hal Sayr testimony, “Massacre of Cheyenne Indians,” 52.)

“I think about seventy or eighty, including men, women, and children, were killed.” (John Smith testimony, “Chivington Massacre,” 42.)

“There were one hundred and forty-eight killed and missing [and] about sixty were men—the balance women and children.” (Edmund Guerrier testimony, “Chivington Massacre,” 66.)

“There were some five hundred or six hundred Indians killed.” (Jacob Downing statement, “Chivington Massacre,” 70.)

“I should judge there were between 400 and 500 Indians killed.” “I think about half the killed were women and children.” (Asbury Bird statement, “Chivington Massacre,” 72.)

Downing counted two hundred Indians killed, but only “about twelve or fifteen women, and a few children.” (Jacob Downing statement, “Chivington Massacre,” 70.)

“I counted 130 bodies, all dead.” (Lucien Palmer statement, “Chivington Massacre,” 74.)

The loss of Indians was “from one hundred and twenty-five to one hundred and seventy-five killed.” (Joseph Cramer statement, “Chivington Massacre,” 73.)

“Saw sixty-nine dead Indians.” (Silas Soule testimony, “Sand Creek Massacre,” p. 11.)

Question: How many dead Indians did you see? Reply: “Two hundred.” (Naman Snyder testimony, “Sand Creek Massacre,” 77.)

Question: How many Indians were killed? Reply: “About two hundred, all told.” (James Cannon testimony, “Sand Creek Massacre,” 111.)

“I counted four hundred and fifty dead Indian warriors.” (Stephen Decatur testimony, “Sand Creek Massacre,” 195.)

Question: How many Indians were killed? Reply: “I should say about three hundred.” (George Shoup testimony, “Sand Creek Massacre,” 176.)

“One-half were men, and, the balance were women and children. I do not think that I saw more than 70 lying dead.” (John Smith testimony, “Massacre of Cheyenne Indians,” 9.)

“The loss to the Indians was about three hundred killed.” (Scott Anthony report, “Massacre of Cheyenne Indians,” 54.)

“[T]here were not over 125 killed.” (Scott Anthony testimony, “Massacre of Cheyenne Indians,” 22).

“I counted 123 dead bodies; I think not over twenty-five were full-grown men.” (Amos Miksch statement, “Chivington Massacre,” 75.)

Once again, testimony varied depending upon the witness’s assessment of Chivington, or how the witness wanted to be perceived. Officers generally inflated Indian causalities, perhaps to improve their reputations as Indian fighters. Anti-Chivington men, however, offered lower numbers, perhaps to support the idea that the soldiers were not efficient killers. By doing so, they also eroded the idea that a massacre had taken place. One officer, Major Scott Anthony, once testified that 300 Indians had been killed, but later decreased that number to 125.

How Did the Soldiers Attack?

“They came on a charge.” (John Smith testimony, “Chivington Massacre,” 41.)

John Smith was trading “in One Eye’s Lodge at the time when Chivington’s men charge[d] through the Village.” (George Bent letter to Hyde, January 20, 1915.)

“[W]e proceeded through the village on a walk. I think the town at this time was entirely deserted by the Indians, as not one was to be seen thereabouts, though plenty were not far away.” (Coffin, Sand Creek, 19.)

“I went to Major Anthony, who had his battalion in line, and, under the supposition that he was going to charge the village with his cavalry, advised him not to do it, believing that the horses were liable to become entangled among the ropes and fall.” “Most of the command were dismounted, and fought in that way.” (Jacob Downing statement, “Chivington Massacre,” 70.)

According to the testimony of two non-soldiers, the cavalry charged into the village; two soldiers, however, claimed they had simply walked in.

The Death of White Antelope

“White Antelope was the first Indian killed, within a hundred yards of where I was in camp at the time.” (John Smith testimony, “Chivington Massacre,” 41.)

“Left Hand (White Antelope?) stood with his hands folded across his breast, until he was shot saying: ‘Soldiers no hurt me—soldiers my friends.’” (Joseph Cramer letter to Edward Wynkoop, Roberts and Halaas, Written in Blood, 27)

“White Antelope … never left his Lodge and was Killed in front of his Lodge. Black Kettle ask[ed] him to come on with him but [he] said he would not leave and sung [his] death song.” (George Bent letter to Hyde, April 25, 1906.)

White Antelope “came running out to meet the command at the time the battle 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.” (James Beckwourth testimony, “Sand Creek Massacre,” 70.)

“White Antelope and Stand-in-the-Water started to their lodges, got their guns, came back, and commenced firing at the troops. Both of them were killed within fifty yards of each other; White Antelope was killed in the bed of the creek and Stand-in-the-Water was killed right opposite to him.” (David Louderback testimony, “Sand Creek Massacre,” 137-38.)

“About the first Indian killed was the head chief, White Antelope. Duncan Kerr, the scout, killed him.” (Breakenridge, Helldorado, 55.)

“He (White Antelope) came running directly towards Company H; he had a pistol in his left hand, and a bow with some arrows in his right. He got within about fifty yards of the company; he commenced shooting his pistol, still in his left hand.” “I got off and fired at the Indian, the ball taking effect in the groin…. Billy Henderson … shot the Indian through the head.” (Alexander F. Safely testimony, “Sand Creek Massacre,” 221.)

According to this testimony, White Antelope did not move from the front of his tipi, and he made an armed attack on the approaching soldiers. The stories of course are irreconcilable. Which one we choose as the “truth” could depend upon our predilections. Can we somehow split the extremes and pick something in between? That solution, of course, does not necessarily discover the truth.

Did Men of the First Colorado Fire Their Weapons?

“Officers of the first regiment told me they did not fire a gun, and would not or could not.” (Sam Colley testimony, “Chivington Massacre,” 30.)

“I swore I would not burn powder, and I did not.” (Joseph Cramer letter to Edward Wynkoop, Roberts and Halaas, “Written in Blood,” 27.)

“[S]everal times during the fight I ordered my men to cease firing.” (Joseph Cramer testimony, “Sand Creek Massacre,” 49.)

“I refused to fire, and swore that none but a coward would.” (Silas Soule letter to Edward Wynkoop, Roberts and Halaas, “Written in Blood,” 25.)

Major Anthony moved us “within about one hundred yards of the lodges, and ordered us to open fire; some firing done.” (Silas Soule testimony, “Sand Creek Massacre,” 11.)

“I don’t ask you to shoot, but follow me and we will mix in this fuss and go through it.” (Soule’s words according to Jesse Haire.)

The testimony offered by Soule and Cramer is contradictory. How should we reconcile this?

What Did Chivington Say About Killing Prisoners?

“Don’t ask me; you know my orders; I want no prisoners.” (Joseph Cramer statement, “Chivington Massacre,” 74.)

“I heard him say we must not allow John Smith and family, father of Jack Smith, to be harmed.” (George Shoup testimony, “Sand Creek Massacre,” 177.)

“I have given my instructions; have told my men not to take any prisoners.” (Scott Anthony testimony, “Massacre of Cheyenne Indians,” 22.)

In this instance, two officers heard they were not to take prisoners, while one claimed they were instructed not to harm at least some of the prisoners.

* * *

Reading the testimony, which runs about 400 printed pages, is an exercise in futility and frustration. It seems at this late date impossible to determine the truth of the matter because there is so much firsthand evidence that conflicts.

Several years ago, the author was involved in an exchange of e-mails with another man regarding which witnesses were telling the truth, and which witnesses were lying. The specific subjects of the testimony were whether there was an American flag flying over the village, and whether or not white scalps had been found there. The author contended that if one accepts a witnesses’s claim that he saw a flag, one must also accept the testimony of those who claimed they saw scalps. It would be inconsistent to accept or deny a witness’s testimony based upon any personal feelings about them. The other e-mailer, however, adamantly insisted that the witnesses who claimed they saw scalps were “thugs, lowlifes, criminals,” all animated by self-interest, while those who denied there were scalps and claimed they saw an American flag were somehow honest, upright, pillars of the community.

This disagreement encapsulates the entire Sand Creek controversy. Many or most of us who have studied or read about Sand Creek have already picked out our heroes and villains, and no amount of “fact” or “logic” will change our mindset. This is a rather disturbing conclusion, and one supported by many studies conducted over the last half-century.

The fact is that humans generally make poor witnesses. We are all biased, have poor or shifting memory, and we are often illogical, irrational, and illequipped to do much about it depending upon the circumstances. Our truths are individual and relative. The same was true with our ancestors.