John C. Duval's Statement Concerning the Fannin Massacre

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and "that all private property Should be
respected &c.

After the document containing the
terms of Capitulation had been written (and
not before) and the duplicate copy in
English Sent to Col Fannin (who was
confined to his tent by a Severe wound)
the Mexican forces advanced, took pos-
session of our entrenchments and of
our arms. Now where was the neces-
sity for drawing up any formal written
document atall, if as alleged, Subsequently
by Santa Anna and Genl Urrea, Colonel
Fannin had "Surrendered at discretion?"
Certainly in that event, as soon as Genl
Urrea was informed that Col Fannin had
consented to Surrender "unconditionally"
he would have advanced at once with
his forces, upon our entrenchments and
taken possession of everything. but, as I
Stated, Such was not the case. The Mexican