The Missouri in the Civil War Message Board

1st day of Gen. Egbert Brown court martial part 1

1st Day of Trial

The court then proceeded to the trial of Brig. Genl. E. B. Brown who was called before the court, and having heard the orders aping the court read, was asked if he had any objections to any member in the orders; he replied that he had no objections.

The Judge Advocate then objected to Brig. Genl. E. B. Brown U. S. V. and stated his cause of challenge to be as following:

That Brig. Genl. J. B. Sanborn, U. S. V., was a necessary and material witness for the prosecution. The court then cleared the challenged member setting and after due deliberation the doors were opened, the accused and challenged party present and the decision of the court was announced by the judge advocate as follows: That the challenge is sustained as sufficient and that Brig. Genl. J. B. Sanborn is exchused from serving as a member of the court. The court was then sworn in, the accused then made application for permission to introduce council and Major S. H. Bartelle was admitted as his counsel.

The accused Brig. Genl. E. B. Brown (sgnd.)

Charges preferred against – E. B. Brown, U. S. Volunteers

Disobedience of Orders:

Specification I: In this that the Brig. Genl. E. B. Brown United States Volunteers, having been ordered by his superior & commanding officer, Major General A. Pleasanton to relieve the skirmish line of Col. Winslow’s Brigade then in the face of the enemy and to forge his troops action at day light on the morning of the 23rd October, 1864, did disobey said order and neglect and fail to do so, to the great detriment of the service, this near Independence, Mo.

Specification II: In this that he Brig. Gen. E. B. Brown United States Volunteers, having received lawful and stringent orders from his superior and commanding officer Major General A. Pleasanton to not permit his command to straggle or fall behind did while in pursuit of the enemy disobeying said orders by permitting his command to straggle and fall behind so as to be unfit and unable to engage the enemy.

This on or about the 22nd and 23rd ay of October 1864.

Charge II

Neglect of duty to prejudice of good order and military discipline.

Specification: In this that he Brig. Genl. E. B. Brown, United States Volunteers, while in face of the enemy did neglect his duty and permit his command to straggle and become disorganized and did neglect to keep his troops in condition to attack or repel the enemy. This on the march from Independence to Big Blue Creek, Mo., on or about the 23rd day of October, 1864.

(signed: A. Pleasanton)

Major General

Commanding

To which charges and specifications the accused pleaded as follows viz: -

To the first specification of charge I: Not Guilty

To the second specification of Charge I: Not Guilty

To the specification of Charge II: Not Guilty

To Charge II: Not Guilty
Alfred Pleasanton Major General of Volunteers, a witness on the part of the prosecution was duly sworn in the presence of the accused and examined.

By the Judge Advocate

JA. Q: What duty were you in the early part of October, 1864.

A: I was put in command of a cavalry division, made up by the order of Major General Rosecrans of the three (3) brigades from this department, and one brigade from General Smiths command.

Q: What time were you ordered to Jefferson City?

A: About the 6th of October, I think it was.

Q: In what condition did you find things there at Jefferson City?

A: that command has nothing to do with the charges against Genl. Brown. The order under which this division was formed was issued afterwards – about the 15th.

Q: State who were your brigade commanders when the march was made on Independence:

A: The order formding the command was published by Genl. Rosecrans, Gen. Brown commanded the First Brigade, Genl. McNeil the 2nd, Gen. Sanborn the 3rd and Col. Winslow the 4th.

Q: State the position of your forces, and the forces of the rebel army on the morning of the 23rd of October 1864:

A: The night before the rebels had been falling back from the road to Independence to the Big Blue and I had been pressing them all night with Col. Winslow’s brigade. On the morning of the 23rd, when I reched the Big Blue, the enemy had occupied the opposite side at Bryam’s ford in cross fence. They had been resisting any advance from the time I crossed the Little Blue.

Q: I will ask, your to examine that paper of and identify it as connected with the movement of your army?

A: Yes, those are about the instructions that I gave.

Q: At what time was that order issued?

A: I see it marked there about 4 a.m. I have no recollection of it, it was at night, but then thee was ample time for the order to have reached Gen. Brown and been executed.

Q: Have you any personal knowledge as to the time it was delivered to the Brigade commanders?

A: No – except that I ordered it to be sent at once. I was informed afterwards that the order was delivered. Genl. Brown received it in time – at least Gen. Brown made no mention of not having received the order in time.

The Judge advocate then read the paper thus identified by the witness, a copy of which is hereto amended marked – A.

A.

Head Quarters Cavalry Division

In the Field, October 23rd, 1864.

To:

Brig. Genl. E. B. Brown

Comdg. 1st Cavalry Brigade

General,

The Major General commanding directs that your command will close at once on Col. Winslow, and at daybreak relieve his Brigade and push to the front. You will push your command rapidly and give the enemy no chance to halt for rest or forage for men or horses – Gen. McNeils Brigade is expected to strike them at daybreak at Little Santa Fe and as your command has as yet done no fighting the general expects you to push them vigorously today – I have ordered four (4) pieces of artillery to report to you under Capt. Thurber. Gen. Sanborn will support you with his Brigade.

The Maj. Genl. Commanding desires me to say he will accept no excuse for the non-fulfillment of this duty but holds you responsible as every other Brigade commander has done so well – subsistence train is at Little Blue and will be up today.

Very Respectfully

Your obedient Servt.

Q: That was substantially the order?

A: Yes, I remember the impression I had at the time. I was doubtful about the movements of Gen. Brown, and I feared he would not execute the order promptly and so I was more particular in the words of my instructions, and I wanted no mistake that morning, for I knew the enemy was pressing the Kansas troops, and wanted to relieve them as much as possible and as I said before I had reason to fear that Gen. Brown would not execute the order promptly. The Brigade that had been fighting all night I knew was very much exhausted and wanted to relieve them with fresh troops.

Q: Describe in particularly thee condition of affairs as regards the enemy’s force on the morning of the 23rd.

A: I don’t know the exact point where they were at day light. They had men on both side of the creek, how large a force they had on our side of the creek I don’t know. They had been on that road all night falling back to the left of Independence at 9 o’clock in the evening of the night before, and I was pretty much on the road all night myself, except the time when I stopped. I don’t recollect the exact hour, but it was where I had my temporary headquarters – where I sent this order to Gen. Brown. I had been receiving reports during the night of the different positions of the enemy from Col. Winslow, who was in front.

Q: Can you state where Gen. Sanborn was that morning?

A: He was ordered to move and support Gen. Brown.

Q: Can you state where Gen. Sanborn was that morning?

A: He was ordered to move and support Gen. Brown.

Q: I will ask you to state whether these instructions were obeyed by Gen. Brown, and if not in what particulars he failed to obey them?

A: I expected to hear at day light some sort of an attack. I heard of nothing, and at day light I went to the front. I passed through troops in disorder, stragglers, troops who appeared to me as if they were going into camp rather than into a fight. I was told that they were the 1st MSM which I knew was one of Gen. Brown’s regiments – that showed me that the brigade had not been put into the fight as I had ordered.

I went at a rapid rate to the front, and found Gen. Brown there. No attack had been made, and I didn’t see any attempt at any attack. I asked him for his reasons for not making an attack. He didn’t give any satisfactory ones, and seeing that he wsn’t inclined to fight I direct the attack myself. I put Winslow’s command right in and then his command. I felt the night before, when I issued the orders, that unless I put it in the words I did he would not make any sort of an attack. He was continually making excuses rather than attempting to do his duty, from the first time he came under my command he seemed to be doing nothing and I relieved him at once.

Q: At what time did you relieve him?

A: About 7 o’clock in the morning or half past.

Q: What was going on in front then?

A: Some few skirmishers had been thrown out by Col. Winslow – a few scattering shots – that was about all – no spirit – no life – no desire – to attack or do anything as it appeared to me when I came up there – but had an attack been made with the command in that position and the command had been repulsed they would have been rolled right up along the road. I considered the thing disgraceful for men, conditions – that it was perfectly disgraceful.

Q: Will you state to the court as near as you can the position of Gen. Curtis forces?

A: Well, I don’t know the exact distance Byram’s Ford and Westport his forces were there then, and I was not certain whether they had commenced the attack on them then, but it was very soon after that they commenced a heavy attack on him. I know they had begun at Westport before my attack was fairly under way, for I could hear the guns, the cannon.

Q: Where was Gen. McNeil’s force at that time?

A: I gave him orders the night before at Independence to move to Little Santa Fe and be there at day light. I didn’t know where he was, but I supposed he was obeying his orders.

Q: Could you mention the regiments in General Brown’s Brigade?

A: I couldn’t mention them all, as I said the other day in Col. McFerran’s case, that command was thrown into my hands at once and I was a stranger to the most of it, and I didn’t know the regiments belonging to the different brigades. I remembered some of the troops for I had served with them before. I knew the 1st and the 7th was in the brigade, and the 2nd Colorado used to be, but I knew that wasn’t in it, for it was with Gen. Curtis.

Q: What was the condition of Gen. Brown’s Brigade, as to straggling and falling behind on the 22nd and 23rd ?

A: I didn’t see it on the 22nd for it didn’t get up on the 22nd, that is it didn’t get up to where I was in the field when I saw it. I stopped in Independence to make arrangements for the sick and wounded, and I think the Brigade passed through Independence, while I was attending to that business.

Q: What was the conditions of his brigade on the morning of the 23rd as to straggling and falling behind the command?

A: the part I saw – this regiment I spoke of, must have been 2 miles or more in rear of where I met Gen. Brown at the head of his command, and there was a large interval in between where there were no troops at all. The brigade was in no condition either to receive or make an attack as a brigade.

Q: What space would it properly occupy, what would be the length of the line of his brigade?

A: It would depend upon the country it was in, and what it was doing. I saw there was a space of 2 miles – a brigade space where there were no troops. The troops that were wth him were closed up in the road, and in the fields at the sides of the road. I didn’t meant to say that the command was that long – but there was no order – no organization and I couldn’t find any officers who seemed to have any control over them. I stopped and tried to rectify matters myself through my staff – which is a thing that a General commanding ought not to spend his time to do. The subordinate commander ought to attend to that without requiring the leading commander to look after their troops.

Q: State the line of march upon which this straggling took place?

A: On the road from Independence to Bryam’s Ford, the road the enemy took.

Q: I will ask you to examine this paper and identify it!

A: I identify that order.

Q: Was that order in force on the 23rd of October 1864?

A: Yes, it ought to have been.

The Judge Advocate then made the order thus identified by the witness of which the following is a true Copy.

Head Quarters

Cavalry Division

Lexington, Mo., October 21st, 1864

General Orders No. 3 }
1. Hereafter there will be three roll calls daily, in each company of this command – at reveille, when the command halts, and at retreat. All absentees at these roll calls will be reported by company commanders to the commanding officer of the regiment or detachment, who will forward such reports daily to these Head Quarters together with a statement of their actions in regard to such absentees.
2. Regimental commanders are directed to appoint one Field Officer in accordance with existing orders, to examine into all officers committed by enlisted men, as well as absenteeism and to sentence the offenders as may be deemed suitable, not exceeding the stoppage of one month’s pay or imprisonment for one month.
3. While on the march, each regiment will be followed by a suitable rear guard under the command of a commissioned officer who will permit no man to leave the column without the written permission of his regimental commander, Brigade commander will also furnish a rear guard to their commands for the same purpose.
4. All cases of marauding, pillaging, or robbery will be punished in the most severe and summary manner by the officers having control of the offenders.
5. Brigade and regimental commanders will be held to strict accountability for the observance of the above orders.
By order of
Major General Pleasanton

(signed) Clifford Thurman, 1st Lieut. A. A. A. G.

Q: I will ask you whether you issued any verbal orders in regard to straggling and falling behnd?

A: I don’t remember. I know I was continually calling the attention of officers to it. As a general thing there wasn’t a great deal of it that came under my observation, though I was generally at the front, and only saw those brigades engaged or about to be engaged, but sometimes I could be at the rear and in passing to get to the front. I would see it and make the comment but I don’t remember any instructions that I gave verbally.

CROSS EXAMINATION BY THE ACCUSED

Q: At what time did your troops engage the enemy on the 22nd and at what place?

A: We first commenced fighting after crossing the Little Blue.

Q: With how large a force of the enemy were you engaged between the Little Blue and Independence?

A: We first commenced fighting after crossing the Littl Blue.

Q: With how large a force of the enemy were you engaged between the Little Blue and Independence?

A: We first commenced fighting after crossing the Little Blue.

Q: With how large a force of the enemy were you engaged between the Little Blue and Independence?

A: I don’t think they had more than five or six hundred men – the rear guard of the enemy, and three pieces of artillery- there may have been more.

Q: What brigades of your command were engaged with the enemy at Independence and between there and the Little Blue?

A: Parts of two brigades, General McNiel’s and Gen. Sanborn.

Q: Did you state the hour when the fighting commenced?

A: I couldn’t tell exactly – somewhere near the middle of the day.

Q: Was there much fighting at that time?

A: there was a good deal of skirmishing, but nothing to be called fighting.

Q: At what time did you yourself reach Independence?
A: I must have been there 2 hours, or two & half.

Q: Did you give at that time any order to Gen. Brown’s Brigade?
A: I gave orders to Gen. Brown’s and Col. Winslow’s brigades to move on and follow up the enemy.
I didn’t know whether it was at Independence I sent back orders for all the troops to come up.

Q: Which of these brigades was it that took the front according to your orders?
A: I don’t remember, I don’t remember how they came up.

Q: What fighting was done by Gen. Brown’s Brigade that afternoon of the 22nd?
A: There was nothing beyond skirmishing. I don’t consider there was any fighting done until we got to the Big Blue where the enemy made a stand.

Q: What fighting was done by Gen. Browns Brigade that afternoon of the 22nd?
A: There was nothing beyond skirmishing. I don’t consider there was any fighting done until we got to the Big Blue where the enemy made a stand.

Q: There are different degrees of skirmishing – how did this skirmishing at Independence compare with the action at the Osage?
A: It was nothing to it at all – at one place they make a stand to run, and at another place to fight. It is a different thing altogether when an enemy makes a stand to run, to delay the pursuit and when he makes a stand with the intention of fighting, you can always see a difference in the fighting.

Q: Do you know how long the action continued between Gen. Brown’s brigade and the enemy on the afternoon of the 22nd – the skirmishing as you call it?
A: I suppose I heard firing there, off and on during the time I was in Independence.

Q: Did you hear any artillery firing?
A: There may have been a few shots, but nothing to indicate an engagement – or occasion any apprehension on my part that the apprehension on my part that the enemy would make stand there.

Q: Do you know the force of the enemy with which Gen. Brown was engaged at that time?
A: My impressions was that they had five or six hundred men at the Little Blue, that they were thrown out as a rear guard until they could clear Independence of their trains and stragglers, and that they left a larger force for this to fall back upon, but the whole of that force was run out of Independence by the two brigades of Gens. Sanborn and McNeil, of it was beyond Independence that Catherwood’s regiment charged and took three guns.

Q: How far beyond Independence was that?
A: It was on the other side of the town as you go through – how much further those two brigades went on that road I don’t know.

Q: Do you know how far Gen. Brown drove the enemy on the afternoon of the 22nd before he was relieved by Col. Winslow?
A: I passed Gen. Brown as I was going out to the front, and I don’t think it could have been more than 2 or 3 miles from Independence, and then his command was not engaged, and command was not engaged, and Col. Winslow had moved on. He had halted his command.

Q: Was there attached to Gen. Brown’s brigade on that day a section of Artillery?
A: yes, I believe there was.

Q: Do you remember about that battery firing halted at Independence as it passed through?
A: It may have been.

Q: You couldn’t state whether you gave any orders to that effect?
A: No, I know at times, I detached guns from Winslow’s Brigade and then give them back to him.

Q: Were they halted at Independence?
A: I do not remember.

Q: Do you remember whether any portions of Gen. Brown’s column halted at Independence?
A: I don’t think they did by my orders.

Q: What time of day was it when you came up with Brown on the afternoon of the 22nd?
A: I suppose near 6 o’clock – I should judge it.

Q: How long did you remain at the front at that time?
A: I went right on. I never came back, I passed Gen. Brown and went on.

Q: There was no fighting – I think you said at that time?
A: Yes, Colonel Winslow’s Brigade went to the front and fought all night so far as I could judge.

Q: How long did you remain with it?
A: I recall, I put it in about dark. I commenced with the troops of the first command and then when the enemy fell back I stopped and made my head quarters at the first position from where they fell back, and he kept driving them during the night.

Q: How late did the firing continue that night?
A: I couldn’t tell. I am satisfied that the enemy was moving all night.

Q: How far was this place where you halted that night from Independence?
A: I think it was about 9 miles.

Q: And how far from Byram’s Ford?
A: About 3 – I considered it about 12 miles from Independence to Byram’s Ford. It was a bad way of distances when you are riding and stopping.

Q: In your direct examination you stated that Gen. Brown did njot get up on the 22nd. What did you mean by that?
A: I mean that they did not get up at the commencement of the fighting at the Little Blue.

Q: Do you remember giving any orders for his ammunition trains to halt at the Little Blue, or near there?
A: I believe I gave orders just after arriving at the Little Blue, at the commencement of the fighting not to cross any of the wagons, or trains until further orders, but I gave another order, before I got to Independence to bring up all the trains.

Q: Were they east of the Little Blue when you gave that order to halt them?
A: yes, but that order was given before Gen. Brown had come up at all.

Q: On the morning of the 23rd you say you first came up with the 1st M. S. M.
A: Yes.

Q: How far was that from where you rested that night?
A: I suppose not more than ¼ of a mile.

Q: You spoke of seeing troops in a straggling condition there – do you know of your own personal knowledge to whom these troops belonged?
A: Yes, I stopped myself, and inquired of the officers and men.

Q: Of how many did you make that inquiry?
A: 3 or 4 different parties – some I asked myself, and I sent my staff officers to inquire of others. I judge I saw several squadrons scattered and straggling.

Q: You say that that morning you couldn’t find any officers that you couldn’t find any officers that had nay control of their men, did you look for any regimental commanders, as you passed along the line?
A: No.

Q: Then you made no effort to find them?
A: yes, I sent my staff officers to look for them and to arrest Col. McFerran and put Lt. Col. Lazear in command of the regiment, an ordered him to put the regiment in condition to go into action. I didn’t see him myself but gave orders through my staff officers.

Q: Had you sent an order that morning or during that night to Col. McFerran not to move until he was supplied with ammunition?
A: No.

Q: You received no such information?
A: No, he didn’t report to me anything of the sort, and if he had I shouldn’t have accepted it as a valid excuse for it ever as much his duty to be supplied with ammunition as it was to fight when ordered to do so.

Q: You state in the course of your direct examination that Gen. Brown was continually making excuses – please state a little more definitely about that – what excuses – when and where?
A: The evening before the 22nd he had stopped his command without my authority.

Q: What were the excuses he made that evening?
A: I forget the particulars sir, but he tried to justify his conduct in stopping.

Q: Did he not state to you that he was out of ammunition?
A: he may have done so, but I don’t consider that a valid excuse on the part of an officer. I have never yet found a commander or a soldier who wanted to fight whoever made any complaint about ammunition.

Q: the question was whether he did in fact state to you that he was out of ammunition?
A: I don’t remember but I will accept that he did, and I say if he did it was no valid excuse.

Q: Didn’t you state in Col. McFerran’s case that he did make that statement to you at that time?
A: I don’t know. I don’t remember it.

Q: You say he made excuses but you don’t remember what they were.
A: He made none that mad any impression on my mind.
Q: At what other time did he make excuses to you?
A: there were several, but I can’t recollect the particular times – but the impression on my was that when he was ordered to do a thing I never felt any confidence that it was to be done at the proper time. I remember one case that occurred at Jefferson City, the night I arrived there, but not with this command.

Q: I believe Gen. Brown was not in command of a Brigade at Jefferson City?
A: He was under my command there.

Q: At the time you speak of there was no action going on at Jefferson City?
A: There had been.

Q: Had you during that march at any time ordered Gen. Brown into action before the 22nd?
A: No, he had not got up. There had been no opportunity.

Q: What other orders of yours had he disobeyed on that march?
A: I don’t know that he had disobeyed any positively – if he had I should have relieved him at once.

Q: What was the conversation that took place between yourself and Gen. Brown when you met him on the morning of the 23rd – state as fully and particularly as you can?
A: I don’t remember – I asked him why he had not made his attack. I couldn’t give any statement of the conversation except what the main points were. He had not made the attack, and I told him that his command was not in proper condition for an attack, I relieved him, and put Col. Phillips in command at once.

Q: Do you remember that in reply to your question why he had not made the attack he began to make an explanation and you refused to receive it?
A: No.
Q: you don’t remember making use of this expression – No explanation, we will attend to that another time?
A: No, I do not. My whole object was to get an attack there. I didn’t want to lose time about anything, and as soon as I saw how matters stood I relieved Gen. Brown and put Col. Phillips in command of his brigade.

Q: did Gen. Brown subsequently to that offer to make to you a written explanation of the affair’s of that morning – the 23rd?
A: I don’t remember – he might have don so, but if he did it was entirely out of order.

Q: Is that the original order – (showing the witness a paper) that was issued to Gen. Brown pn the morning of the 23rd?
A: I couldn’t tell. All I can say is that it looks like Col. Cole’s hand writing. I may have read it once, but I don’t remember whether I did or not.

Q: Do you remember when you received the envelope in which this order was enclosed with the time stated on it when it was received?
A: I do not remember – I remember asking whether the order had been served, and I was told it had been. I didn’t see the envelope at all.

By the Judge Advocate
Q: What were the orders in regard to foraging that were in force on the 22nd and 23rd?
A: The usual orders that when forage was obtained the officer should give a receipt for it, and that the foraging parties should be regulated by the subordinate commanders. The orders in regard; to foraging were issued at the commencement of the war, and have always been governed by them: That the officers should see that proper receipts were given. The rule in the army of the Potomac was that the commanding officers of troops should attend to that.

By the Court
Q: What was the distance from your Head Quarters on the 23rd to the Head Quarters of Gen. Brown?