PROCEEDINGS OF A GENERAL COURT MARTIAL

IN THE CASE OF BRIG. GENL. E. B. BROWN

Third day December 7th, 1864

St. Louis, Mo., 11 o’clock a.m.

The court met pursuant to adjournment

Present the same members as at the last session. The Judge Advocate, the accused and his

Counsel were also present.

On motion, the accused assenting thereto, the reading of the proceedings of the last session

Was dispensed with.

THOMAS DOYLE

First Lieut. Co. K, 13th Mo. Cavalry – a witness on the part of the prosecution, was duly sworn in the presence of the accused and examined.

BY TH JUDGE ADVOCATE

Q: What was your position in the service on the 23rd day of October 1864?

A: I was 1st Lieut. And Adjutant of the 1st Cavalry M. S. M.

Q: Where were you on that day?

(135)

A: I was with the regiment on the 22nd on the march from the Lexy. Line to a point west of Independence, and on the 23rd from Independence to the Big Blue, and from there to Santa Fe.

Q: You were in Gen. Brown’s Brigade?

A: Yes sir.

Q: Had you any occasion to be in the rear of your regiment in the evening of the 22nd?

A: Yes sir, I believe at one time during the evening of the 22nd Col. McFerran sent me from the head of the regiment to the rear to correct straggling or anything else that was going wrong – that was the only time.

Q: How far was the battle from Independence on the evening of the 22nd?

A: that battle to my best opinion was between five (5) and six (6) miles from Independence.

Q: You don’t refer to the battle on the Big Blue?

A: No, to the evening fighting on the 22nd. When Col. Winslow’s brigade took the advance after the first regiment was engaged for some time.

(136)

Q: Did you notice a battalion was formed to move out.

A: The 2nd was ready in five minutes after that – and altogether I suppose it took about 20 minutes but there were some men back yet that we didn’t wait for.

Q: At that time was fighting going on in front?

A: No, not that I heard.

Q: How far did you travel before you reached Col. Winslow’s command?

A: A: I don’t remember reaching Col. Winslow’s command that morning at all – I presume we did meet it at the Big Blue.

Q: What was the distance to that point?

A: About six (6) miles.

Q: How long did it take you to travel that distance?

A: I couldn’t say – not over an hour and a half, most of the time the Brigade was on a gallop.

Q: How long after you reached the Blue was it that you were thrown into action?

A: At the time I reached the Blue, the first brigade was in action – that is a portion was in action – Gen. Brown’s brigade (139) reason I didn’t reach the Big Blue at the head of the 1st Regiment was that Gen. Brown sent an order for six men to act as guides, and Col. Lazear ordered me to select the men from a company in the rear, and when I reached the head of the Brigade again it was in action, and I found Col. Phillips in command of the Brigade.

Q: Did you sleep any during the night of the 22nd?

A: Yes, but it was while holding our horses – the men got off their horses, and laid down with them in the road.

Q: Was there any stir in the camp in your front or any bugle sounded?

A: I didn’t hear any. There was some firing going on during the night of the 22nd that is up to about 12 o’clock – at two or three points we heard heavy firing – musketry firing.

Q: Did you notice the regiment immediately in your front on the morning of the 23rd before you moved?

A: No sir, I did not.

(140)

Q: Were you not closed up on them?

A: At night we were, but in the morning I disremember whether we were or not.

Q: Did you see Gen. Brown prior to the time that your regiment moved on the 23rd?

A: No sir.

Q: You say you don’t know anything about the orders that were issued to your regiment by Gen. Brown on the morning of the 23rd through Col. McFerran?

A: No sir, I don’t know anything about them. If there were any issued I didn’t know it – that morning.

Q: Did you stay near where Col. McFerran stayed that night?

A: I was immediately with him.

Q: With him all the time?

A: Yes, I believe I was with him so that his horse and mine were together, and we laid down right with them.

Q: Do you know where Gen. Brown’s headquarters were that night?

A: No sir.

(141)

CROSS EXAMINATION BY THE ACCUSED

Q: Did you hear Gen. Brown give any orders to Col. McFerran in reference to the straggling – if so when was it, and what were they?

A: It was on the morning of the 22nd they were verbal instructions – which were I considered very strict orders relative to straggling.

Q: Did he read to them – or state to them the substance of Gen. Pleasanton’s order in reference to straggling at that time?

A: He repeated it, but I disremember whether he remarked it was Gen. Pleasanton’s order or his own, but I remember his giving that order of Gen. Pleasanton’s in reference to straggling.

Q: Do you remember what time it was when you awoke on the morning of the 23rd?

A: About day light.

Q: Where did the action of the afternoon of the 22nd begin – how far from Independence?

(142)

A: I should think between 5 or 6 miles – no not over 4 miles from Independence to where the advance was fired on – it was just outside of Independence immediately west of Independence.

Q: Did you bear orders from Col. McFerran to Gen. Brown on that day?

A: I couldn’t say that they were orders that I carried – but some suggestions that I made to him he ordered me to communicate to Gen. Brown.

The witness then retired, and the judge advocate announced the case closed on the part of the prosecution.

J. H. Little

Capt. Co. E, 1st M. S. M. Cavalry, a witness on the part of the defense was duly sworn in the presence of the accused by the Judge Advocate and examined.

By the Accused

Q: State the service in which you (143) have been engaged?

A: I have been inspector of the District of Central Missouri since April 1864.

Q: During the pursuit of Price in October last what position did you occupy?

A: I was staff officer to Brigadier General Brown – I believe I was the only staff officer with him.

Q: Were you with Gen. Brown when he took command of his brigade if so when and where was it?

A: On the 19th of October 1864 Brownsville.

Q: At what time in the day?

A: It was about 12 o’clock when he assumed command.

Q: Of what regiment did his brigade consist?

A: The 1st, 7th, 4th M. S. M. Cavalry and a section of battery L, 2nd Artillery Mo. Vol.

Q: By who nwas that section commanded?

A: Lieut. Wacheman.

Q: Please so state now from the time Gen. Brown (144) took command upto the evening of the 22nd of October the movements of the brigade under his command.

A: On the morning of the 20th about 3 o’clock pursuant to an order from Gen. Pleasanton we marched from camp near Brownsville.

Q: What was the amount of marching which the troops had performed from the time they left Brownsville on the morning of the 20th of October to the time they went into action on the 22nd.

A: I should say from 95 to 100 miles – to the best of my judgment.

Q: What was the hour on the 22nd of October when they left Brownsville?

A: At 3 a.m.

Q What amount of rest did the troops and horses sget during that time?

A: I think they had near bout 10 hours.

Q: At what time did the troops of Gen. Bown’s brigade move on the 21st?

A: 3 a.m.

Q: What time did they go into Camp?

(145)

A: About to o’clock.

Q: At what time did they resume their march?

A: At 1 a.m. in the morning of the 22nd.

Q: Where abouts was that?

A: At Snibar Creek between Lexington and Wellington by the traveled route.

Q: What was the length of the route from that point to Independence?

A: I think it must have been 20 miles maybe a little more.

Q: At what time did the Brigade reach Independence on the 22nd?

A: I would say about 3 o’clock as near as I can judge?

Q: What orders were received from Gen. Pleasanton at that time – and what was done in fulfillment of this order?

A: I do not know, I do not recollect at present what orders were received from Gen. Pleasanton. Gen. Brown’s brigade moved through Independence rapidly and went into action near the railroad.

Q: At what hour was this?

(146)

A: It was some little time I think after 3 o’clock.

Q: Just go on and state what took place that afternoon.

A: The brigade passed through Independence at a gallop, the 1st M. S. M. in advance. They were sent into action mounted at the Railroad. When they had passed beyond the railroad 100 yards they were fired on. The 1st regiment was deployed to the right and Sharp firing soon begun on their whole line. I think the 4th Cavalry next arrived and by order of Gen. Brown I dismounted them near the railroad and pointed out the direction where they were to go and they immediately went into action dismounted. We had no artillery with us, it had been stopped as I understood by order of Col. Cole at Independence. The 7th Cavalry, if I recollect right was the last into action – they went in dismounted. The section of artillery finally came up and was put into action beyond the railroad at the head of the lane. I think this must have been about 600 yards from the railroad. They were put into battery at the turn of a road – you might say the head of a lane. We were (147) shelled by the enemy – and battery replied, and Gen. Brown ordered Col. Winslow who had come up to move a regiment to support his left. Gen. Brown’s left. This was during the shelling of the enemy. The enemy had the range of Gen. Brown’s positions – of the battery. There was heavy firing on the right during this time and Col. Phillips with the dismounted men and a portion of the 7th M. S. M. was brought up to support the battery and took positions on the right and rear of the battery. The enemy by this time was driven back from his first position. I think from 800 to 1000 yards. After this the firing lulled on the right, and shortly after ceased. Gen. Brown sent me to the right with an order for the brigade to move forward and press the enemy rigorously or furiously. I forget which road he used. This order I transmitted to the respective commanders of the 1st, 4th and 7th – the commanding officers of these troops who were on the front line. I think I gave the order to Lt. Col. Lazear of the 1st, Lt. Col. Crittenden of the 7th and Major Kelley of the 4th – they were the officers I saw on the field. When I saw them first they (148) was bringing the dead and wounded off the field both of our people, and the enemy. Shortly after I gave this order there was a forward movement commenced, and I gave this order there was a forward movement commenced, and the enemy was pressed back I think about 3 miles – this was the last fighting that I am certain the brigade did during the evening of the 22nd.

Q: How far from Independence as it that the action began?

A: I think it was a mile and a half.

Q: What time was it when the action ceased?

A: the last of it was about sun down, a little after sun down.

Q: At that time what was the condition of the enemy?

A: The enemy was falling back – they began to fall back before sun down.

Q: Who then took the advance/

A: I do not know – I think Col. Winslow’s troops took the advance I cannot say certainly.

Q: What was the character of this action that Gen. Brown fought as compared with the

(149)
Other actions that were fought on this road?

A: It was not so severe as the action that followed.

Q: What was the number of troops in Gen. Brown’s brigade when he went into action?

A: The number who actively went into action on the 22nd I think was from 1,000 to 1,200 probably 1,000.

Q: State the force of the enemy who opposed them so far as you know it?

A: My means of knowledge was only what I saw of the enemy up front. I saw a body of the enemy – Cavalry move towards Gen. Brown’s right, and a body dismounted in his front, from his left to the prolongations of his right.

Q: What other troops did you notice?

A: I could notice movements of troops on his left – I did not see these troops.

Q: I will ask you whether there was an attempt to flank his left?

A: I am satisfied there was an attempt to flank his left from the dust that I saw – it was evident there was a body of (150) the enemy attempting to make a demonstration on his left, and there were men moved I suppose to flank his right, a heavy body of cavalry. I can’t say that I saw 1,000 dismounted men in his front – but I saw that number altogether – there were evidently troops that I could not see.

Q: Do you know the amount of artillery that the enemy brought to bear on Gen. Brown’s position?

A: Two pieces in front of our battery, and judging from the shots which ploughed up the ground I think they had another piece bearing obliquely on Genl. Brown’s left. I judged so from the ricochet of the shot.

Q: After this action of the 22nd – what was done by Gen. Brown’s brigade?

A: The line of march was assumed and we moved forward.

Q: what troops were in your immediate front as you moved forward?

A: Col. Winslow’s, I think were.

Q: How long did you continue moving (151) that night?

A: I think we came to a halt about midnight – we were then up with Col. Winslow’s troops.

Q: Did you during the night meet with Gen. Brown?

A: I did – it might have been morning – it was after midnight?

Q: State what conversation took place between Col. Winslow and Gen. Brown?

A: Objected to by the Judge Advocate on account of irrelevancy.
That accused stated that he wished to show that he offered to relieve Col. Winslow at that time and take the advance, and claimed his right to do so in as much as Gen. Pleasanton in his testimony had stated that he, the accused, at all times was backward in doing his duty.

The court was cleared for deliberation and upon reopening it was announced that the objection of the Judge Advocate was sustained.

The Judge Advocated stated that at the end of the case he should move to have stricken out such portions of Gen. (152) Pleasanton’s testimony as irrelevant to the issues before the court.

Q: About how far from Independence did you stop the night of the 22nd?

A: When we came up with Col. Winslow’s command and halted. I think it was about Eight (8) miles – but would not be certain.

Q: Did you sleep during that night?

A: I slept during the morning – I rather dozed, I didn’t sleep.

Q: At what time were you aroused on that morning?

A: A little before day break?

Q: By whom?

A: By Gen. Brown I think?

Q: What directions did you received from him at that time – and what did you do?

A: To get the command ready to move.

Q: What did you do?

A: I went to the rear afterwards.

Q: Had the front of the brigade begin to move at that time?

(153)

A: It had not – to the best of my recollection.

Q: At what time that morning did Gen. Brown’s brigade move?

A: It commenced moving about day light – about the gray of dawn.

Q: You state that he sent you to the rear before the movement began?

A: He did.

Q: State for what purpose, and what you did?

A: To move the command forward I went back to deliver the order. I found the 4th and 7th but I did not find the 1st. Lt. Brown, as I was coming back came down. He over took me and stated that he had been sent back by Gen. Brown, and I asked him if he would go on and order up the 1st – he said he would. I went back and reported to Gen. Brown that the column was in motion except the 1st Cavalry. Gen. Brown ordered me back to bring them up. I immediately went back pursuant to that order, and met Gen. Pleasanton as I went back – he asked me where Gen. Brown was, I stated that Gen. Brown was at the front and moved on. Gen. Pleasanton ordered (154) me to come back and halt – I halted – he asked me again where was at the front – he moved on and I then moved on my mission to hung for the first, and met the head of the column of the 1st Cavalry. I returned with them, and came back and found Gen. Brown sitting on his horse, on the left hand side of the road. I reported to Gen. Brown that the first was in motion coming up. Gen. Brown stated to me, said the I have been placed under arrest – you report to Col. Phillips.

Q: As Gen. Brown moved out with his command that morning in what condition did you find the troops of Col. Winslow’s brigade?

A: they were some of them in front of where we bivouacked, and on either side of the road dismounted.

Q: Where was it as it began moving?

A: I was at the rear when the movement commenced – hunting up these troops.

Q: As you passed down the first time, at what point was it that Lt. Brown overtook you?

A: About the rear of the 4th Cavalry.

(155)

Q: State whether on your passage down you met men of Col. Winslow’s brigade?