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[in left margin: In command of land forces in Cuba 1898]

1872

I have the honor to report as follows:

I left Fort McKavett on the 14th inst and arrived at Fort Davis on the 18th, inspected that post and examined into the matter in question on the 19th. Sergeant Bush states that he was retained in service beyond the term of his enlistment by his post Commander Lt. Col. W. [R?] Shafter to force him to pay for a private horse the property of Lieut. Custer which it is alleged was lost through his, Sergeant Bush's negligence. This complaint is substantially true. It is sustained by the records of the Post (certified copies of which are herewith enclosed) and by the free admission of Lieut. Col. Shafter himself.

I find the following to be the facts in the case. On the 4th of December 1871, Sergeant Bush arrived at Fort McKavett, Texas, on his return from escorting the remains of the late Capt. Porter, [?A.Q.M.?] to San Antonio, Texas, on the10 of December Major Merriam 24th Infantry placed a private horse the property of Lieut Custer 24th Infantry in charge of Serg't Bush with instructions to take good care of the animal and turn him over to Lt. C. on the arrival of the escort at Fort Davis. Serg't Bush was also instructed not to ride the horse or permit others to do so. The Sergeant signed a receipt in due form for the horse and left McKavett the next day Dec 11th.

  It appears that the Sergeant rode the animal part of the way after leaving Fort Concho.  He states in extenuation that the horse being tied to a wagon inhaled all the dust of the train, and was manifestly impaired and distressed thereby.   In consequence of this the Serg't concluded to ride him.       Upon leaving Central Station on the Staked Plains some Antelopes were seen and Sergeant Bush was induced to loan Corporal Spriggs of Company C 9th Cavalry the horse for the purpose of getting a shot at them.  Corporal Spriggs was gone an entire day and did not rejoin the Command until it had reached the crossing of the Pecos River.  He then reported that the animal had become frightened and had thrown him and escaped with saddle and bridle on, as the horse had since been caught and taken to Fort Concho, the Corporal's story is fully corroborated.  When Sergt Bush and his detachment reached Fort Stockton, he reported the facts to Lieut. Col. Merritt of the 9th Cavalry who advised to sustain his statement by the