A: yes, we were not engaged in action until we crossed the Big Blue – we had some men killed by artillery before we crossed the Blue – but we were not engaged and in action until we got across the Blue – We were half a mile from the ford before we were engaged in the action. I think it was over an hour after we started before we were engaged.
Q: How far did you advance in the mean time?
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A: I could not say from my own judgment – I have heard others speak about the distance – and it was much farther than I supposed. I didn’t think it was one –two miles from where we started to the Big Blue, but from what others say, I am satisfied that it was farther than that. We moved rapidly and I was mistaken in the distance.
Q: Who was your brigade commander after you got into action?
A: Col. Phillips.
Q: Did you relieve any part of Col. Winslow’s skirmish line after you got up?
A: No sir, the first I saw of any of Col. Winslow’s men was after we had charged up a bluff.
We had but a very small number of men – We got possession of some houses there – and I saw that we needed some help – I went back to where I found an officer with the 3rd Iowa of Winslow’s Brigade dismounted – I have since learned that it was Col. Benteen. I took him where the rebels were – he got his men dismounted –
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And went up to the houses where our men were and charged the enemy and drove them into the timber. They were relieved I supposed at the court from what I have learned.
CROSS EXAMINATION BY THE ACCUSED
Q: Did you get any order to halt on the night of the 22nd?
A: Not that I heard.
Q: Did you sleep any on the night of the 22nd, or the morning of the 23rd?
A: I dozed a little – a time or two.
Q: When was it that you awoke do you remember?
A: No sir, I can’t tell about that.
Q: How long was it before Col. McFerran was placed under arrest?
A: I can’t tell you how long.
Q: About?
A: I can’t tell, for I was sitting on my horse
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Nodding there, and then sitting by the fire and nodding there and I can’t tell I was very unwell that night, too unwell to have slept much even if I had had the opportunity.
Q: Do you know what Gen. Brown’s orders were that march and at that time in reference of straggling and falling behind?
A: Col. McFerran told me that each regiment was to was to detail a rear guard to prevent straggling – I know it was done in our regiment.
Q: What was the condition of your men on the morning of the 23rd?
A: They were very much fatigued from laying in the road there that night – as much as anything else. They had made a march the day before – had had nothing in particular to eat, amounting to much, from the night before.
Q: Did you give any permission to the men to get forage?
A: No sir, I did not.
Q: In the afternoon of the 22nd when your regiment was ordered into action at
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What gait did you pass through Independence?
A: on the trot if I recollect.
Q: How soon after you passed through Independence did you become engaged with the enemy?
A: 10 or fifteen minutes.
Q: How long were you engaged with him that afternoon?
A: Well, I should judge from 2 to 3 hours.
Q: At what time did the action begin?
A: About half past 2 if I recollect, and closed near sun down.
Q: Was your regiment engaged alone for any portion of the time?
A: Yes.
Q: How long before the supports came up?
A: From half an hour to an hour – it seemed a long time to me.
Q: With how large a force of the enemy as compared with your own were you engaged?
Objected to by a member of the court
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as irrelevant. The court was cleared for deliberation and upon reopening it was announced that the objection was not sustained.
A: It seemed to be a large force. It flanked us on both sides, and had a heavy fence in front.
Q: You say that the engagement continued until about sun down?
A: Near sun down – not quite sun down.
Q: Do you know what time it was when Col. Winslow’s brigade relieved Gen. Brown?
A: About dark.
Q: Was the action over where you ceased fighting?
A: Yes.
Q: Was your regiment engaged in action during the night at all?
A: Yes.
Q: How long?
A: I could not tell you the time, it might have been an hour or an hour and a half, perhaps it ws more from the time we commenced moving with Col.
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Winslow’s Brigade.
Q: Had the fighting ceased that night when your regiment went out of action?
A: There were one or two heavy volleys afterwards – I could not tell you how long afterwards.
BY THE COURT
Q: You say after you got the order to move your regiment there was a delay of half an hour on the 23rd?
A: Yes.
Q: What caused the delay?
A: Getting the men ready to move and getting the ammunition.
Q: Had they commenced getting ammunition before you got the order?
A: My impression is the wagons had just come up, I don’t think they had commenced until I ordered them to.
Q: Suppose there had been no ammunition to get, how long would it have taken to have moved the regiment?
A: They would have got ready very near the
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Same time – it took but a very short time to supply them with ammunition.
Q: Yes, do you think the getting the ammunition didn’t increase the delay?
A: No, not very much – not over a few minutes.
BY THE ACCUSED
Q: Wasn’t there a transpositions of the battalions in your regiment made by yourself after you took command?
A: Yes.
Q: Didn’t that occasion delay?
A: No, it occasioned no delay.
BY THE COURT
Q: How long were your men on the march on the 22nd? How long were you in the saddle from the time you moved until you stopped at night?
A: On orders once to move at one o’clock on the morning of the 22nd and we were ready to move at that time, and I think it was somewhere near midnight when we stopped, and when we did stop, the men were sitting (109)
On their horses and standing by them until they were ordered out and dropped down there is no regular camp or bivouac – they supposed they would move on every moment, and the men were worn out.
BY THE ACCCUSED
Q: Did Col. McFerran receive any orders not to move on the morning of the 23rd until the ammunition was distributed?
A: I didn’t know, I didn’t hear any orders at all.
Q: Was there not a variety of arms causing a delay in the distribution of ammunition?
A: Yes there was a variety of arms.
Q: Do you remember the number of the different kinds of arms in the regiment?
A: Yes, I well remember that it was 3 – calibers of ammunition we were out of - we had pistol ammunition.
THE WITNESS THE RETIRED
CLIFFORD THOMSON
1st Lieut., N. Y. Cavalry, A. D. C., to Major General Pleasanton, and A. A. A. G., on Gen. Pleasanton’s staff, a witness on the part of the prosecution, was duly sworn in the presence of the accused and examined.
BY THE JUDGE ADVOCATE
Q: Did you see Gen. Brown’s brigade on the 22nd of October in Independence?
A: Yes, I saw them as they were passing through Independence and subsequently we passed the brigade that night – a portion of it.
Q: did you notice any falling behind in his brigade that night, or straggling?
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A: I saw after passing out of Independence quite a number of men alongside the road at a halt – dismounted – I should think from 70 to 100 men in groups – we asked them who they were – they said they belonged to Col. McFerran’s regiment. We asked them why they were there, they said they had been left there without orders – those were the only ones I saw.
Q: How far from Independence were they?
A: Just outside the town in the edge of the town.
Q: How far from Independence wee Gen. Pleasanton’s headquarters that night?
A: I couldn’t say – we had been riding in a zig-zag manner through the country, and I had been traveling outside the road in the fields, and had passed in the road – I couldn’t say how far it was.
Q: Do you know where Gen. Brown’s head (112) quarters were that night?
A: I do not except that they were in advance of Gen. Pleasanton’s, I understand.
Q: Do you recollect of some instructions that were issued to Gen. Brown that night in reference to his brigade?
A: I had no knowledge of it personally except as the records show. It was col. Cole’s watch that night, and he issued the orders, and in the morning gave me copies to enter in the records of the campaign.
Q: When did you first see Gen. Brown’s brigade on the morning of the 23rd?
A: Shortly after we left our headquarters. I don’t think we had ridden a mile before we came on the rear of it – that is the straggling portion of it.
Q: What was General Brown doing at the time that you saw him first?
A: He was mounted along side the road – his column was at a halt in the road when we rode up to him.
Q: Do you recollect the regiment of his brigade and the order in which they
(113)
Were in column?
A: I do not. I know that Col. McFerran’s regiment – to the best of my knowledge was in the rear, and I think was preceded by Col. Phillips regiment, the 7th M. S. M. I think that was the organization – where the 4th was I don’t know.
Q: What was the condition of the brigade?
A: Col. Phillips regimen, I should say, was in good order – Col. McFerrans was very much disorganized – very much broken.
Q: In what respect?
A: The men were scattered about broad cast through the fields – some laying down sleeping – others alongside the road cooking their coffee, some feeding their horses – broken in every way. I don’t recollect anything about the 4th. I am not acquainted with the 4th regiment. I should not know it by its officers if I saw it.
Q: Do you recollect anything about Capt. Thurber’s Battery – where it (114) was and what its condition was?
A: I think the battery was at a halt along side the road, or in the road – I am not positive – I recollect a battery coming to the front shortly after Gen. Brown was put under arrest and seeing it in action that day, but I do not recollect where he formed it in the morning. I think however it was in the column in the road.
Q: What was the distance, as near as you can recollect from when you struck the rear of that brigade to the front?
A: I think the battery was at a halt alongside the road, or in the road – I am not for certain – I recollect a battery coming to the front shortly after Gen. Brown was put under arrest and seeing it in action that day, but I do not recollect where I found it in the morning. I think however it was in the column in the road.
Q: What was the distance, as near as you can recollect from where you struck the rear of the brigade to the front?
A: It would be utterly impossible for me to approximate to the distance for I was sent by Gn. Pleasanton to bring up the stragglers who were in the road and on both sides of the road in the woods – I probably rode ½ or 1/3 more than the distance from the rear to the front of his column. I could give no idea as to the distance.
Q: When you first saw Gen. Brown had he been put under arrest?
(115)
A: No.
Q: How long after was he put under arrest?
8 and 9 o’clock in the morning to the best of my belief – I should say about half past 8 o’clock - A: I rode up to Gen. Brown with Gen. Pleasanton, some commotion occurred between them, at the conclusion of which Gen. Brown was placed under arrest.
Q: What time was that in the morning?
A: Between 8 o’clock – the time is fixed in my mind from the fat that while we were stopped where Gen. Brown was along side the road, I turned to an officer by the side of the road and asked the time of day – he took out his watch and said it was 9 o’clock – but his watch was a little fast.
Q: How far was this from the Big Blue?
A: A very short distance.
Q: Was that just at the time Gen. Brown was arrested?
A: Yes – just at that time. It was point I made in consequence of Gen. Brown’s arrest.
Q: How long after Gen. Brown was put under (116) arrest was his brigade thrown into action?
A: It was instantaneously almost. General Pleasanton asked Gen. Brown who was the next officer in command, he answered Col. Phillips who was standing by and the General told him to assume command of the brigade and put it into action at once, and Col. Phillips immediately did so – deployed his own regiment as skirmishers and sent them right in.
Q: Do you know how far Gen. Brown’s Brigade had marched that morning?
A: I do not of my own knowledge – I don’t know where he camped the night before except it was our impression at the time that he had just turned into the road, had not moved any distance.
CROSS EXAMINATION BY THE ACCUSED
Q: Was Col. Phillip’s regiment dismounted and ready to go into action at the time you rode to the front on the morning of the 23rd.
A: I could not say, I am not positive. I could not say which regiment it was.
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Q: Was there one of Gen. Brown’s regiments at that time dismounted and prepared to go into action?
A: That I do not know.
Q: One the afternoon of the 22nd you speak of meeting some men who said they belonged to the 1st. What time in the day was that?
A: In the afternoon. I could not give the time.
Q: What officers were with you?
A: The entire staff was riding along.
Q: Were Maj. Lees with you?
A: Yes, I think he was.
Q: Was there any officer with those men?
A: I didn’t see any.
Q: Do you know whether from your headquarters there had been any detachments mad from Gen. Brown’s brigade?
A: I don’t remember – I issued a number of orders at Independence – I don’t remember what they were.
Q: What troops comprised Gen. Brown’s brigade?
A: I can’t give positively its organization. I know of the 7th MSM, the 1st MSM, Ferrans
(118)
Regiment, and the 4th – these are the only ones that I know – the brigade was organized by order of Gen. Rosecrans, and I never really knew the organization of it.
Q: Do you remember whether by that order of Gen. Rosecrans, the mounted troops that had formerly been attached to Gen. Fisk’s brigade were attached to Gen. Brown’s brigade.
A: I couldn’t say.
Q: State whether that is a paper which you received from Gen. Brown on that march.
A: I received that – that is my endorsement upon it.
The accused offered in evidence the paper thus identified by witness, the same being a request to make a written explanation of the condition of affairs on the morning of the 23rd, with the endorsement of the witness as A. A. A. G. to the effect that Gen. Pleasanton was not prepared to receive any reports at that time. The judge advocate objected to the introduction of the paper in evidence on the ground of its inclemency to any of the issues in this trial.
The judge advocate denied that the paper with its endorsement would lead to show any animus towards Gen. Brown on the part of Gen. Pleasanton.
The court was cleared for deliberation and upon reopening it was announced that the objection of the judge advocate was sustained.
BY THE COURT
Q: You speak of there being a dismounted just west of Independence?
A: Yes.
Q: Was that not a detachment holding the horses of the regiment?
A: It was not.
Q: How many were they?
A: I should think there were 70, possibly 100 men, perhaps so many – there was quite a squad of them there – I recollect riding up to them, and asking them who (120) they were, and what they were doing there. They belonged to the 1st regiment they said and that they were halted then, and had received no orders to move forward.
THE WITNESS THEN RETIRED
ALFRED WALKER
Q: What duty were you engaged in on the 22nd and 23rd days of October 1864?
A: I was doing duty as Gen. Pleasanton’s staff as acting A. D. C.
Q: Did you see Gen. Brown’s brigade on the evening of the 22nd at Independence?
A: I did.
Q: State the condition of it?
A: I don’t know that I saw the entire brigade – I saw a portion of it – when I saw them they were in line of battle engaging the (121) enemy.
Q: that was the battle near Independence?
A: Yes.
Q: Did you notice any detached troops that belonged to his brigade at any place else?
A: I did not on the evening of the 22nd.
Q: I will call your attention to the morning of the 23rd – when did you see Gen. Brown’s brigade on that morning?
A: I saw Gen. Brown – I was at his headquarters on the morning of the 23rd – I suppose at 4 o’clock in the morning – probably later than that I couldn’t state the time exactly.
Q: What was your business there?
A: I was taking orders from gen. Pleasanton’s headquarters to Gen. Brown’s and Col. Winslow’s Brigade.
Q: Were these orders verbal or written?
A: The orders were written.
Q: Examine that order if you please – is that the order which you delivered to Gen. Brown?
A: Well sir, I couldn’t state as to that because (122) I didn’t see the order – I don’t know whether that is the same order that I carried to Gen. Brown or not.
Q: Who handed that order to you?
A: Col. Cole.
Q: Did you find Col. Winslow that morning?
A: I did.
Q: Was he in front of Gen. Brown?
A: Yes sir.
Q: How soon did you return to Gen. Pleasanton’s headquarters?
A: I didn’t return there at all.
Q: Did you come back on the road?
A: Yes.
Q: Did you see Gen. Brown’s brigade?
A: Yes, a portion of it as I was passing back – I don’t remember that I saw the General in going back at all.
Q: Did the brigade seem to be making any preparations to move?
A: Yes, part of it was moving, and others were preparing to move. Some of the brigade (123) were just coming in with corn to feed the horses – but I think the greater part of the brigade was moving.
Q: How long was this after you had delivered the order to Gen. Brown?
A: I don’t know sir, I couldn’t state the exact time – I suppose it was probably two hours – it might not have been quite so long, and it might have been a little longer – I didn’t have the time with me.
Q: State more distinctly what preparations the brigade was making?
A: they were mounting their horses, getting into line ready to move – others were coming in with forage, and their horses were eating, and some of them were cooking something to eat for themselves.
Q: Was it day light when you returned?
A: I think day was just breaking when I saw the men mounting and getting into line, and their men were coming in with forage.
Q: What do you mean by day break?
A: I mean by that – it was light enough so that you could see plainly.
(124)
Q: After twilight?
A: Yes sir.
Q: Did you stop there any length of time?
A: I stopped there I suppose half an hour.
Q: Were they making preparations all of this time?
A: A portion of them were moving, and a portion as I have before stated were feeding their horses and cooking, but I think a greater portion of the brigade had already moved.
Q: What was the distance from Col. Winslow’s brigade to Gen. Brown’s brigade at that time?
A: Well sir, I should suppose about a mile and a half such a matter – it may have been two miles.
Q: Was there fighting going on in front at that time?
A: No, not just at that time.
Q: How long after that did the fighting commenced?
A: I suppose about half an hour.
Q: When you saw Col. Winslow – was his brigade in motion or at a halt?
(125)
A: When I first saw him it was at a halt – Winslow was asleep and the men were dismounted and sleeping or laying down.
Q: How long did you stay at Col. Winslow’s camp?
A: I didn’t stay there but a short time – I couldn’t state the exact time.
CROSS EXAMINATION BY THE ACCUSED
Q: You stated that it was a mile and a half from Gen. Brown’s brigade to Col. Winslow’s – what do you mean by that – that it was a mile and a half from the front of Gen. Brown’s to the front of Col. Winslow’s?
A: I mean by that from where I saw Gen. Brown to when Col. Winslow’s headquarters were – when he was stopping.
Q: You say that you saw Gen. Brown’s line of battle on the afternoon of the 22nd?
A: Yes.
Q: Do you know how long he was engaged infighting (126) the enemy at that time?
A: No.
Q: Do you know what the character of that engagement was?
A: I can’t say that I do.
Q: How long did you witness it?
A: I don’t think I was there long than 15 minutes.
Q: Do you know what became of that envelope?
A: I handed it to Col. Cole.
Q: Did the General look at his watch when he made the endorsement?
A: I do not remember.
Q: Do you remember what the time was that he endorsed the envelope?
A: I do not.
Q: Do you remember the Generals stating what the time was?
A: It occurs to me now that the General had his (127) watch whether he said what the time was or not.
Q: Did he not make the remark, as he took out his watch, that it was 5:30?
A: He might have done it – but I do not recollect it.
Q: Do you know what the orders were that you took to Col. Winslow?
A: That was a verbal order to move immediately and attack the enemy as soon as possible.
Q: Was that all?
A: And to crowd the enemy until day light when he would be relieved by Gen. Brown’s brigade, then to turn off at the nearest point and to feed his horses.
Q: Was there any other instructions given as to the preparation’s he was to make for Gen. Brown to pass him – than you have stated?
A: No.
BY THE COURT
Q: Was it day light when you communicated this order to Col. Winslow?
A: No, it was night.
(128)
Q: You say you got this order from Col. Cole?
A: Yes.
Q: Were you present when he wrote it?
A: No sir, I don’t think it was.
Q: What time do you think it was that he handed it to you?
A: Well, I suppose it was about 4 o’clock.
Q: Did you look at a watch?
A: No.
Q: Did you hear anything said about the time?
A: No, I don’t recollect that I did.
Q: How long after you got the order before you delivered it to Gen. Brown?
A: As soon as I could ride to his headquarters from Gen. Pleasanton.
Q: How long do you think that was?
A: I don’t think it was a half an hour, though I couldn’t be positive anything about the time, I merely guessed at it.
Q: You say it was not day light when you when you delivered the verbal order to Winslow?
A: No, it was not.
(129)
Q: How long did you stay with Col. Winslow?
A: Well, I suppose I was then about ¼ of an hour.
Q: Were his troops in motion or at rest when you left?
A: When I left they were in motion – a greater part of them in column in the road.
Q: Do you recollect whether it was day light when you got back to Gen. Brown’s headquarters?
A: I don’t think it was quite day light yet.
Q: What was Gen. Brown doing when you got back?
A: I don’t remember that I saw the General when I went bak.
Q: Did you see Gen. Sanborn?
A: No sir.
Q: As you went back was any portion of Gen. Brown’s brigade in motion?
A: Yes sir, I think there was.
Q: What portion?
A: Well sir, I couldn’t state – it was yet dark, and I think it passed the (130) place where the Gen. had his headquarters the troops had moved from there or were moving.
Q: Where did you stop – did you stop then until gen. Pleasanton came up?
A: I stopped back near the rear of Gen. Brown’s brigade until he came up.
Q: With what troops?
A: A portion of Gen. Brown’s brigade.
Q: What regiment?
A: Some of the 4th and some of the 1st.
Q: Any squadrons of the 4th or the 1st?
A: mostly stragglers.
Q: Any squadrons of the 1st?
A: I think there was. There were quite a number of the troops of the 1st there.
Q: Did you stop in front of Thurber’s battery or behind it?
A: I stopped in rear of battery.
Q: Do you know that all the troops in front of Thurber’s battery had moved before you got passed them going back?
(131)
A: I couldn’t tell.
Q: Was it day light when you got to the rear of Thurber’s battery?
A: yes, just getting day.
Q: How long after that was it before Gen. Pleasanton came up?
A: I suppose it was probably ¾ of an hour.
Q: To the best of your recollection how long was it from the time you got that order until you got back to the rear if Thurber’s battery until day light?
A: Well, I should suppose it was about two hours and a half or near that – I couldn’t state exactly?
Q: Did you go forward with Gen. Pleasanton?
A: Yes sir.
Q: did you see any portion of Gen. Brown’s brigade before you got up when Gen. Brown was?
A: yes a portion of Gen. Brown’s brigade kept passing us in squads for a mile and a half I suppose.
Q: Did you move fast?
(132)
A: Tolerably fast.
Q: How fast were they riding?
A: They were riding rather slowly.
Q: Do you know what regiment?
A: I think the most of the troops we passed belonged to the 1st MSM.
Q: Were they moving or still when you passed them?
A: Some of them were moving, and some of them were not.
Q: When you passed up from your headquarters that morning to Gen. Brown’s did you see Gen. Sanborn or his brigade?
A: I did not.
BY THE ACCUSED
Q: As you passed to the front with Gen. Pleasanton did you see any troops at the side of the road that did not belong to Gen. Brown’s brigade.
(133)
A: I don’t remember whether I did or not.
THE WITNESS THEN RETIRED
The Court Thereupon adjourned until 11 o’clock a.m. the Seventh day of December, A.D. 1864
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