he was remonstrated with both by officers and civilians at this post against making war upon those Indians; that he was informed and fully advised that there was a large number of friendly Indians there, together with several white men who were there at the request of himself (Colley), and by permission of Major Anthony; that notwithstanding his knowledge of the facts as above set forth, he is informed that Colonel Chivington did, on the morning of the 29th of November last, surprise and attack said camp of friendly Indians and massacre a large number of them (mostly women and children), and did allow the troops under his command to mangle and mutilate them in the most horrible manner.

S. G. COLLEY,

U. S. Indian Agent.

Sworn and subscribed to before me this 28th day of January, 1865, at Fort Lyon, Colo. Ter.

W. P. MINTON,

Second Lieutenant, First Infantry New Mexico Vols., Post Adjutant.

[Inclosure Numbers 5.]

FORT LYON, COLO. TER., January 16, 1865.

Personally appeared before me Lieutenant James D. Cannon, First New Mexico Volunteer Infantry, who, after being duly sworn, says:

That on the 28th day of November, 1864, I was ordered by Major Scott J. Anthony to accompany him on an Indian expedition as his battalion adjutant. The object of that expedition was to be a thorough campaign against hostile Indians, as I was led to understand. I referred to the fact of there being a friendly camp of Indians in the immediate neighborhood, and remonstrated against simply attacking that camp, as I was aware that they were resting there in fancied security under promises held out to them of safety from Major E. W. Wynkoop, former commander of the post at Fort Lyon, as well as by Major S. J. Anthony, then in command. Our battalion was attached to the command of Colonel J. M. Chivington, and left Fort Lyon on the night of the 28th of November, 1864. About daybreak on the morning of the 29th of November we came in sight of the camp of the friendly Indians aforementioned, and was ordered by Colonel Chivington to attack the same, which was accordingly done. The command of Colonel Chivington was composed of about 1,000 men. The village of the Indians consisted of from 100 to 130 lodges, and, as far as I am able to judge, of from 500 to 600 souls, the majority of which were women and children. In going over the battle-ground next day I did not see a body of man, woman, or child but was scalped, and in many instances their bodies were mutilated in the most horrible manner--men, women, and children's privates cut out, &c. I heard one man say that he had cut a woman's private parts out, and had them for exhibition on a stick. I heard another man say that he had cut the fingers off of an Indian to get the rings on the hand. According to the best of my knowledge and belief, these atrocities that were committed were with the knowledge of J. M. Chivington, and I do not know of him taking any measures to prevent them. I heard of one instance of a child a few months' old being thrown in the feed-box of a wagon, and after being carried some distance left on the ground to perish. I also heard of numberless instances in which men had cut out the private parts of females and stretched them over the saddle bows, and wore them over