Some hated Chivington, some felt betrayed, some sought to cloak their cowardice, and some saw a way to make money from the situation. Letters were soon on their way to certain high officials, and from then on the episode exploded with deceit, obfuscation and recrimination. As early as December 7, word from a member of the 1st Colorado was taken to Judge Stephen S. Harding in Denver, a political foe of Governor Evans and Chivington, of a horrible massacre along Sand Creek. Harding wrote to John Wright, a personal enemy of Evans. Wright was a friend of the Colleys’ and of Secretary of the Interior John P. Usher’s. Harding’s letter was largely false and highly sensationalist–perfect for the newspapers.

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One of the worst post-battle decisions the military made was after General Curtis’ interview with Wynkoop. Once Curtis’ anger had cooled, the general sent Wynkoop back to Fort Riley. General Blunt had been replaced as commander of the District of the Upper Arkansas, and the new commander, not realizing the depth of Wynkoop’s involvement in the matter, ordered him back to Fort Lyon to take command and investigate the Sand Creek affair. The man who had done the most to cause the disaster was off the hook and allowed to pick the scapegoat. He chose Chivington, who resigned his military commission on January 4, 1865.

The Joint Committee on the Conduct of the War met in Washington in March 1865. The title of the committee’s report became ‘Massacre of Cheyenne Indians,’ and it was quickly evident that ‘massacre’ would be the principal theme even before the testimony began. The committee heard live witnesses and took depositions that had little bearing on the subject. Some of the depositions were written under the direction of Major Wynkoop. Testifying were Jesse Leavenworth, Sam Robbins, Sam Colley, Dexter Colley and A.C. Hunt; none had been at the battle, and they could contribute only valueless hearsay evidence. Leading questions contained words or phrases such as massacre, mutilation or friendly Indians, as if they were established facts and not the very issues to be determined. No one from the 3rd Colorado was called to testify.

The most damaging indictment came from Wynkoop’s unsworn affidavit written after his reassignment to duty at Fort Lyon, a document that was not entitled to any consideration, since it was based entirely on hearsay and was only a vituperative tirade. Wynkoop gave incorrect information about the letter he received from the Indians and passed on secondhand stories regarding mutilations of the dead as if they were facts known to him. He accused Chivington of ‘all the time inciting his troops to these diabolical outrages,’ when he did nothing of the sort. He claimed Chivington knew the Indians were friendly, and yet ‘this inhuman monster committed his unprecedented atrocity.’ Wynkoop said that all the officers at Fort Lyon were in unanimous agreement with him, and that since ‘the horrible murder by Colonel Chivington,’ the country was desolated and all but ruined.

Wynkoop’s statements were a travesty, but the true damage and insult came when they were accepted as gospel. The committee fell for it whole hog, choosing the testimony it wanted to hear as truth, and condemning the testimony that did not fit with its preconceived notions as false. The summary of the proceedings concluded that the soldiers were barbarians, while the Indians ‘in every way conducted themselves properly and peaceably.’ Chivington and Anthony were on a ‘mission of murder and barbarity,’ and the colonel ‘deliberately planned and executed a foul and dastardly massacre which would have disgraced the veriest savage.’ Further, Evans and Anthony were prevaricators and should be removed from office and punished ‘as their crimes deserve.’ Senator ‘Honest’ Ben Wade signed the report, and a year later admitted that he had never even attended the hearings, nor did he understand the full import of the committee report.

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