JUNE 14, 1865. -Action with Indians at Horse Creek, Dak. Ter.

Report of Captain John Wilcox, Seventh Iowa Cavalry.

HDQRS. DETACHMENT SEVENTH IOWA CAVALRY,
In Field, near Julesburg, Colo. Ter., June 21, 1865.

CAPTAIN: I have the honor to report that in compliance with special orders from Major Mackey, commanding post Fort Laramie, Captain W. D. Fouts, Seventh Iowa Cavalry, in command of his company (D) and small detachments of Companies A and B of the same regiment, in all 4 commissioned officers and 135 enlisted men, left Fort Laramie on the 11th day of June, 1865, en route to Julesburg, in charge of 185 lodges of Sioux Indians, numbering in aggregate from 1,500 to 2,000 persons. Among them was an organized company, uniformed by Government, and under command of Charles Elston, who had for some time been intrusted with the supervision of the entire Indian encampments near Fort Laramie, and two whom was intrusted ten days' rations of subsistence for 700 of the Indians in charge of Captain Fouts on the march to Julesburg. The Indians were all well armed with bows and arrows, and most of them with firearms also. They were ostensibly friendly, and expressed themselves as being pleased with their removal. Nothing of interest transpired during the first three days of the march, except signal smokes by Indians north of the Platte by day and reputed conferences by night between them and the Indians in charge of Captain Fouts. On the afternoon of the 13th Captain Fouts and command encamped for the night on the east bank of Horse Creek, and the Indians pitched their tepees on the west. Late in the evening they had a dog feast, and 382 warriors sat in secret council. On the morning of the 14th reveille was sounded at 3 a. m. and the order of march announced to be at 5. At sunrise I was ordered by Captain Fouts to proceed with the advance guard (Companies A and B, detachments) two miles on the route of march, then halt and wait till the wagon train closed up and the Indians closed up on rear of the move forward in column of march. Just as the wagons were closing up I heard the rapid report of fire-arms to the rear. Believing it to be a revolt and attack by the Indians, and knowing the great disparity in numbers against us, as well as the fact that the family of Captain Fouts, the family of Lieutenant Triggs, and Mrs. Eubanks and child (late rescued Indian captives), being with us, I determined to prepare for defensive warfare, and had the wagons corralled in the best possible shape, the teams unhitched and put inside the corral and securely fastened, and the men in line outside ready for action (it would not do to leave the train unprotected). In this condition I awaited orders from Captain Fouts. A messenger coming up shortly after reported that Captain Fouts had gone across the creek to hurry up the Indians, and was shot and killed by them, and that the Indians were then fighting among themselves. I immediately dispatched a messenger on the fleetest horse to communicate with Fort Mitchell and the telegraph office, eighteen miles distant. The messenger was closely pursued by Indians.

The rear guard (Company D) coming up, I demanded of Lieutenant Haywood why he did not stand and fight the Indians instead of retreat. He replied that his men had no ammunition, and that the captain (Fouts) had refused to have cartridges issued to the men of his company; that he (Lieutenant Haywood) had urged the issuing of cartridges the night before and that the captain said they would not be needed. I