It being requested of me to make a report of the incidents of December 9, 1861, on which [day] we were attacked by the Hopoeithleyohola band, on Bird Creek, Cherokee Nation, I do respectfully submit the following, as it came to my observation during the engagement:

My attention was first directed to the advance of the enemy by some Creeks, who, upon the discovery of the enemy, wheeled their horses and with a whoop charged in direction of the enemy. This attracted the attention of all and gave us a view of a good body of men advancing on our rear. Each commander immediately engaged himself, forming his company into a line facing the enemy, no sooner than which was done we were ordered to march on the enemy, when they began to fall back into a creek bottom and waited our approach. The great hurry in which they marched made it impossible to keep the companies together, on account of the great difference in their horses and ponies; some were not able to keep up and those on the best horses would not halt. The distance being near 2 miles from where they started to the place of engagement, my company being in rear of Captain Reynolds', I dismounted with him on the prairie a half mile above the house in the bend. At this time I do not think I had over 25 men. We marched in the brush on the creek as far as the creek banks. Not finding anything there we fell back to our horses and hurried down to the house, where there was at that time very heavy firing. On moving down I noticed more of my men who had dismounted above the house and were watching their chance for a shot. I dismounted my men a little below the house, about a field, and there I found it impossible to hold some back, for others had not yet secured their horses.

They had not been there a great while before the firing ceased for a while from the enemy's side, when it was again renewed, but not so heavy. I remained about the house about an hour, when I walked out to where I could see my horse. I met Colonel Cooper, who ordered me to get my men together and cross the creek below the house. Some of my men were then with Lieutenants Thompson and Krebs, on the creek above the house, mingled with men of different companies, while others were scattered around and below the house in the same manner with Lieutenant Tobly. Having secured me a good rifle and six-shooter from one of Captain Welch's wounded men, I mounted my horse and got a few of my men together, which enabled me in getting together more of my men. Some of them were without caps and bullets. It being then quite late, I ordered the balance with me to save what ammunition they had until it was necessary for them to use it.

By this time I had 3 men wounded. The companies were then all forming on the prairie, and the enemy commenced showing themselves about the house and field below it, when the Creeks gave them a round.

Orders being given to march, we left behind 2 ponies which had fallen into the hands of the enemy.

I had about 45 men under my command, 40 of whom, were engaged in the fight; the rest were with the train.

Respectfully, yours,

JOS. R. HALL,

Commanding Company D.