PROCEEDINGS IN THE CASE OF

BRIG. GEN. E. B. BROWN

FOURTH DAY DECEMBER 8th, 1864.

St. Louis, Mo.

Thursday, Dec. 8, 1864

The court met pursuant to adjournment.

Present: the same members as at the last session. The Judge Advocate, the accused and the counsel were also present.

On motion, the accused assent thereto the reading of proceedings of the last session was dispensed with.

The following Special Order was then read to the Court:

St. Louis, Mo.

December 7th, 1864

Special Order }

No. 339 }
1. Brigadier Genl. J. B. Sanborn, U. S. V., is hereby relieved from duty as a member of the General Court martial appointed in SO #317 C. S. from these Headquarters.
By Command of Maj. Gen. Rosecrans

(signed) Frank Eno

Asst. Adjt. Genl.

(186)

Robert Bonham, a private of Company D, 4th Cavalry M. S. M. a witness for the defense was duly sworn in presence of the accused and examined.

By the Accused
Q: what duties were you performing in October last?
A: I was orderly for the accused.
Q: Were you with him on the night of the 22nd and morning of the 23rd of October?
A: I was.
Q: Where did he halt that night, or make his camp?
A: I think it was on the Fort Scott road leading from Independence.
Q: Was it at the head of his column?
A: Yes.
Q: What time was it when he stopped for the night?
A: I can’t tell the time exactly, it was late in the evening though.
Q: What troops, if any, were in your (187) front?
A: Colonel Winslow’s I believe.
Q: Do you remember what kind of troops, where cavalry or artillery?
A: there were two pieces of artillery I think.
Q: What time in the morning of the 23rd did you awake?
A: I was up at different times during the night.
Q: What orders did the accused give you, and what did you do?
A: the first time he told me to go to the head of Col. Winslow’s line and see if they were Winslow’s column, where we were the evening before, and came back and reported that the men in the same position in which we left them.
Q: Did you accompany the accused the night before when he had an interview with Col. Winslow?
A: Yes sir.
Q: You went to that place that morning?
A: Yes sir.

(188)
Q: How far was the head of Col. Winslow’s column from where Genl. Brown was.
A: I think about three-fourths of a mile.
Q: In what condition did you find the troops of Col. Winslow’s?
A: The same as when we left them the night before. They had built fires and were sitting around them.
Q: Do you know what time it was?
A: I do not; I had been asleep some time.
Q: How long after the first time did you go down again?
A: Not a great while, I laid down a short time and the General called me again to go down the line. I did not go clear down the line, and come back and reported to the General.
Q: What next occurred after that?
A: It was but a short time after that he (189) told me to call Lieut. Brown, and tell him to have his company ready to march. He told me also to saddle his horse and my own.
Q: Was that before daylight?
A: Yes sir.
Q: What next occurred?
A: while I was saddling his horse, he told me to call Peter Cramer, acting Chief Bugler of the brigade, and told him to sound to horse.
Q: Did you deliver that order?
A: Yes sir, and the bugler sounded to horse.
Q: Was it dark or light when that was done?
A: It was not day light.
Q: Was that call repeated?
A: Yes, it was sounded back along the line?
Q: Was there anything especial which called your attention to that fact?
A: Yes sir, General Brown had complained the day before that the calls were not repeated, and had sent me back the day before to tell Col. Phillips to have the bugle calls repeated that were sounded at his headquarters.

(190)
Q: Do you know how many repeated the call?
A: There were as many as two.
Q: How long after that the bugle sounded forward?
A: But a few moments.
Q: when the column moved where was General Brown?
A: At the head of the Column.
Q: What time was it then?
A: It was just the dawn of day.
Q: Had Col. Winslow’s column moved at that time?
A: I think it had. I think the artillery started just a few minutes before we started.
Q: Did you accompany Genl. Brown when he went to the front?
A: Yes sir.
Q: How soon did you come to Col. Winslow’s column?
A: In about a half or three quarters of a mile. There were men and horses all along the road.

(191)
Q: Was the road over which Genl. Brown passed un-obstructed , or were you obliged to crowd through Col. Winslow’s Brigade.
A: We passed through Col. Winslow’s men, and at one time we passed through a field on one side of them, and then came into the road where there was thick brush and timber and crowded them on to one side of the road to get along.
Q: Were you with Genl. Brown when he came up to Col. Winslow?
A: Yes sir.
Q: Was that at the head of Col. Winslow’s Column?
A: Yes, I think so.
Q: What time was it when you reached the head of col. Winslow’s column.
A: A little after sunrise. I could not say how high the sun was.
Q: How rapidly did Gen’l Brown move from the place where he started to the head of Col. Winslow’s Column?
A: he rode so as to keep most of the other horses on a trot.
Q: Could he have moved more rapidly (192) than he did, considering the condition of the road and the amount of troops that blocked it?
A: I don’t think he could.
Q: Where was Col. Phillips regiment when Genl. Brown reached the front?
A: But a little way behind the escort.
Q: Did you hear any conversation between Genl. Brown and Col. Winslow, when he reached the front?
A: I know they were talking, but paid no attention to it.
Q: How long after Genl. Brown arrived at the front did Col. Phillips arrive there?
A: But a few minutes.
Q: When Col. Phillips came up do you know what orders Gen. Brown gave him?
A: No sir.
Q: What did Col. Phillips do with his regiment?
A: Genl. Brown moved and Col. Phillips dismounted his regiment.
Q: How long after that did Genl. Pleasanton come up?

(193)
A: I think he came up just as Col. Phillips command was dismounted, standing left into line preparing to move out.
Q: Did you hear the conversation between Generals Pleasanton and Brown?
A: I heard what General Pleasanton said. He rode up to where Genl. Brown was sitting on his horse by the side of the road, and said – “General Brown, you are moving your command most disgracefully this morning, most disgracefully sir. Your men are scattered all along the road. Why don’t you throw your men in there and drive those fellows out of there are but a few of them. I ordered you to be here at daylight and attack the enemy. You can consider yourself under arrest and go to the rear.” Genl. Brown made some reply, I don’t know what it was. Gen. Pleasanton said “no sir, I don’t want any explanation, go to the rear as I ordered you. We will hear about that afterwards. There is no trouble about the men fighting if you will allow sthem to fight.”
Q: did you continue with Genl. Brown after that?
A: Yes sir.

(194)
Q: How soon after that did you go back?
A: We started back immediately.
Q: What was the character of the road over which you passed that morning going to the head of Col. Winslow’s column?
A: It was rough, rolling country, with low timber, scrubby Oak, brushy road.
Q: As you passed back did you find any of Col. Winslow’s troops?
A: I am not positive about it. We passed troops all the way back.
Q: Did you pass troops not belonging to Genl. Brown’s Brigade?
A: Yes sir. What were they doing?
Q: Some were moving to the front and some were by the side of the road.

Cross Examination by the Judge Advocate
Q: How far were you from Genl. Pleasanton when he put Genl. Brown under arrest?

(195)
A: Not more than two rods. I was sitting on my horse behind Genl. Brown than you was to Genl. Pleasanton.
Q: Did Genl. Pleasanton speak in loud tone of voice?
A: Yes sir.
Q: Are you certain about the language Genl. Pleasanton used?
A: I am certain the language I used is of the same purport as that he used. I may not have worded it exactly the same.
Q: Did you understand him to say to Genl. Brown that he had moved his command disgracefully or was moving it so?
A: I understood him to say “You have moved your command most disgracefully this morning, sir.”

(196)
Q: You say that as you passé back with Genl. Brown after he was put under arrest. You notied a good many straggling, not belonging to your brigade?
A: I did not say they were straggling; some were leading horses, and I supposed they were of Genl. Winslow’s Brigade, and some were going down the road.
Q: Were they in Column?
A: Some were some were leading horses.
Q: Were they going in any order?
A: No sir.
Q: Did you see any officers with them?
A: No sir.
Q: Were not the two brigades for a part of the distance alongside of each other? Were they not apparently standing along side by side?
A: Yes sir, some were.
Q: these are the troops you speak of as noticing as you passed back?
A: Yes.
Q: Do you know what time it was when you were first aroused on the morning of the 23rd?

(197)
A: No sir.
Q: Do you recollect about the time you went with Genl. Brown to lead Winslow’s front the first time?
A: It was late in the evening of the 22nd.
Q: You went to the front three times?
A: Once on the evening of the 22nd and twice on the 23rd, the second time I went only part way.
Q: What were your orders?
A: Genl. Brown sent me down to see if Col. Winslow’s line was moving.
Q: Was that the first time?
A: Yes sir, and the second time he sent me for the same purpose, but I only went part way. N I saw the artillery standing just where it was and I did not go all the way.
Q: What was the difference in time, between the first and second time you went?
A: I am not positive. I may have been an hour or not.
Q: What did you do in the mean time?
A: I came back and laid down.

(198)
Q: Did you sleep?
A: I think I did.
Q: Have you an idea how long you slept?
A: No sir.
Q: Was there an officer at that time from Genl. Pleasanton’s Headquarters with orders to General Brown?
A: I saw Capt. Walters there that morning.
Q: When was it?
A: It was just after I came back the second time.
Q: Are you positive about that?
A: I am not certain whether it was after I came back the last time or the first, or whether it was when he called me up the second time, that I saw Capt. Walters.
Q: Did you see Capt. Little that morning?
A: I saw him around there; I don’t know what time.
Q: Where did he sleep that night?
A: I think he laid by a tree close by a fire which I built.

(199)
Q: Did you notice when you got up the first time whether or not Capt. Little was up?
A: No sir.
Q: Did you hear Genl. Brown give Capt. Little any orders?
A: No sir.
Q: After Capt. Walters came with the order from Genl. Pleasanton, what did you do between that time and daylight?
A: I think I went part way down the line. I think he came before I went down the second time. After I came back I sat by the fire a little while when Genl. Brown told me to saddle the horses.
Q: You think it was after you came back the first time that you saw Capt. Walters?
A: Yes sir.
Q: and you think it was an hour and a half between the first and second times you went?
A: No sir, I don’t know how long it was.
Q: How long do you think it was between the time you went to the front first and the time you went down along the line?

(200)
A: It may have been an hour, don’t know exactly.
Q: How long before Genl. Brown gave you the order to go to the front and see Col. Winslow after Capt. Walters brought the order from Genl. Pleasanton?
A: I went right away.
Q: Are you positive about the time, whether it was after you came back the second time that you saw Capt. Walters?
A: No, it was after I came back the first time.
Q: After you laid down and slept?
A: I think now that it was when Genl. Brown called me up the second time that I saw Capt. Walters.
Q: What did you do after you returned the second time?
A: I sat down by the fire a few minutes, when Genl. Brown told me to wake Lieut. Brown and saddle the horses.
Q: How long after you came back?
A: About 15 minutes.

(201)
Q: Did you sleep during that time?
A: No sir.
Q: What was Genl. Brown doing during that time?
A: we got up and went over to a fire and got a cup of coffee.
Q: Did you see Genl. Sanborn there?
A: Yes sir.
Q: When was it?
A: While I was saddling Genl. Brown’s hors.
Q: Did you hear any conversation between them?
A: No sir; I was not at the fire where they were.
Q: did you not notice Capt. Little there that morning?

(202)
A: I don’t remember seeing him after I was called up.
Q: Don’t you recollect an order given him by Genl. Brown?
A: No sir.
Q: Did you ride with Genl. Brown at the head of the column after it commenced to move towards the Blue?
A: I rode just behind him.
Q: what was in your immediate front? Any troops?
A: Yes sir, I think Col. Winslow’s brigade. I was told so.
Q: Did you follow in the rear of them when you started? Did they proceed on all the time until genl. Brown was put under arrest?
A: They were ahead until genl. Brown was put under arrest. There were troops all along the road.
Q: Could you see it?
A: We could after we started about a half a mile.
Q: How far was it ahead of you when you first saw it?

(203)
A: But a short distance.
Q: How long after you started from Genl. Brown’s headquarters was that night before you overtook the command of Col. Winslow: the rear of the column?
A: I would not think it till Genl. Brown pushed through and lapped over Genl. Winslow’s Brigade.
Q: How long was it till Genl. Brown pushed through and lapped over Genl. Winslow’s Brigade?
A: We commenced going by them as soon as we came up to them.
Q: Was his brigade moving?
A: Yes sir. That is some were by the side of the road and they would stop and start on again, and Genl. Brown was trying to get past them all the time.
Q: What was the first you saw of Col. Winslow? What time was it?
A: When we came up to him after sunrise.
Q: Was that before the arrest of Genl. Brown?
A: Yes sir.
Q: You did not hear the conversation between Genl. Brown and Col. Winslow.
A: No sir.

(204)
Q: When you were ordered by Genl. Brown to go the second time and see whether Col. Winslow’s troops were in motion, did you go to the head of the brigade?
A: No sir.
Q: How far did you go?
A: Down the line about half a mile.
Q: How long was his line?
A: I think about three quarters of a mile from where our head of his column rested.
Q: You say the men were in the same position they were the first time?
A: Yes sir, horses and men appeared to be in the same position.
Q: State about what time Genl. Brown’s brigade moved?
A: At the dawn of day.
Q: Was it day light when you saddled the horses?
A: No sir.
Q: How long after you got the horses saddled did you move?
A: Immediately, perhaps it was fifteen (15) minutes.

(205)
Q: Then it could not have been very dark when you saddled the horses?
A: It was not very light when we started. We could only see the men saddling the horses by the fire light.
Q: And you think you left Genl. Sanborn by the fire.
A: Yes sir.

By the Accused.
Q: Was the night of the 22nd and 23rd of October last dark or light?
A: I think it was dark, cloudy.
Q: After Genl. Brown was put under arrest and you moved down the line you state you saw troops standing and some passing up and down; were these troops of Col. Winslow’s brigade you saw on that condition.
A: I could not say what brigade they belonged.
Q: Were they troops of Genl. Brown’s Brigade?
A: No sir.
Q: In what condition was his brigade?
A: Col. Phillips was dismounted with his men, and Major Kelley was moving up with his.

(206)

By the Court
Q: How far was it from the head of Genl. Brown’s brigade that night the first time he sent you upon to the rear of Col. Winslow’s column?
A: I think the rear of his column was right there where we stopped.
Q: When you returned the second time what did you tell Genl. Brown?
A: I believe I told him I had went up the line and found them all standing holding their horses and some were sitting by the fire.
Q: did you tell him how far you went?
A: I believe I told him I had went up the line and found them all standing the same as when I was up before. Some of the men were standing holding their horses and some were sitting by the fire.
Q: Did you tell him how far you went?
A: I don’t recollect; I think I told him I went part way up the line.
Q: How long after Genl. Sanborn came up did Genl. Brown start?
A: I did not see Genl. Sanborn come up.
Q: Did you see him do anything? Did you see him taking any coffee?
A: No sir, I was getting the horses ready.
Q: Did you see him reading a paper?

Transcribers notes: Testimony for page 208 is missing.
Q: Did the 7th Regiment come out in the road of the head of Col. Winslow’s column after they passed through the field?
A: No sir, that was before we reached the head of the column.
Q: Do you know where the 4th was?
A: No sir, I was ahead of the 7th.
Q: When you went back, where did you see the 4th?
A: I don’t remember seeing them.
Q: Do you recollect seeing the 1st?
A: No sir.
Q: Do you know whether any portion of Col. Winslow’s brigade was engaged with the enemy when General Brown came up?
A: No sir.

By the Judge Advocate
Q: Was the weather fair or not on the evening of the 22nd?
A: I think it was.

(209)

Q: Was there a moon that night?

A: I don’t recollect. I think it was cloudy that night.

Q: How was the weather on the morning of the 23rd?

A: I think the sun rose clear.

By the court

Q: You spoke of visiting Col. Winslow with Genl. Brown, what time was that?

A: It was on the night of the 22nd about 10 or 11 o’clock. I had no time, but I know we marched some distance after dark.

Q: Was it before or after Genl. Brown’s column halted before the night?

A: Before I think.

Q: How long did you remain with Col. Winslow’s?

A: Probably a half or three quarters of an hour.

Q: Was Capt. Little with you?

A: Yes sir.

The witness then retired

(210)

James H. Brown, 1st Lieut. of Company C, 4th Cavalry M. S. M, a witness for the defense and examined by the accused.

Q: In October last during the pursuit of Price what duty were you on?

A: Part of the time I commanded my company?

Q: What were you doing on the 22nd and 23rd of October?

A: I commanded Genl. Brown’s escort.

Q: What time was it when he rested on the night of the 22nd?

A: I did not look at my watch, but I think it was about 1 o’clock.

Q: Did you on that night go with Genl. Brown to Col. Winslow’s Headquarters?

A: I did.

Q: What time was that? How long before you halted?

A: We only rode from Col. Winslow’s headquarters back to the rear of Column till we halted. I think it was near 12 o’clock.

Q: Was Col. Winslow halted at that time?

(211)

A: He was.

Q: How far was it from where you met Col. Winslow to where Genl. Brown had his headquarters?

A: I could not tell exactly. We rode and he halted so many times it would be hard to tell.

Q: How far was Genl. Brown’s headquarters from the camp of Col. Winslow’s column?

A: I suppose we were right at his rear.

Q: Do you know what was in front of genl. Brown’s brigade?

A: It was artillery.

Q: Was it artillery attached to his brigade?

A: I don’t know whose artillery it was.

Q: What was the position of genl. Brown’s headquarters in reference to his main column?

A: My opinion was near his headquarters but I did not see them.

Q: Do you know where Col. Phillips headquarters were?

A: No sir.

Q: what did you do after you returned from your visit to Col. Winslow?

A: two or three miles for forage, but failing (212), to get any I came back to headquarters and built a fire and rested there.

Q: Who awoke you on the morning of the 23rd?

A: I do not, it was before daylight.

Q: What order did Genl. Brown give you at that time?

A: His Aide de Camp told me to get the escort ready to march and moved about day light, or as soon as we could see.

Q: Do you remember having the bugle sounded that morning?

A: Yes, I heard some call before we started.

Q: Was it the bugle’s of Genl. Brown’s brigade.

A: I did not pay any attention, I only know that I heard a bugle call.

Q: When you started out were any troops in front of you?

A: Yes sir.

Q: What were they?

(213)

A: I suppose they were of Col. Winslow’s Brigade.

Q: Where was the artillery you spoke of?

A: I don’t know whether it had gone or not, it strikes me it was there.

Q: Did you follow Col. Winslow’s column or pass it?

A: We moved on to the front.

Q: As you were moving on did you receive any orders from Genl. Brown?

A: Yes sir, after we moved on some distance I was ordered sback to hurry up the remainder of the brigade, particularly Col. McFerran’s regiment.

Q: What did you do in obedience to that order?

A: I went back some distance, but I did not see the 1st Regiment, and come back and reported that fact. As I came back I met Captain Little going back after them.

Q: What troops of Genl. Brown’s Brigade were moving as you passed down the line.

A: I met the 7th and I think the 4th Regiment. I am not positive about the 4th, I did not see the first.

(214)

Q: What did you do after you returned to Genl. Brown?

A: I dismounted the escort at the head of Col. Winslow’s column.

Q: Was Col. Winslow there?

A: I could not say, I do not know him. We were at what I supposed to be the head of his column.

Q: Were any troops in column, in front of that point?

A: Not that I could see, Genl. Brown told us to dismount, but we did not leave the horses.

Q: Did you notice the 7th at that time?

A: They came up about the time we dismounted I think.

Q: What time was it when you reached the head of the column and reported to Genl. Brown?

A: It was not far from sunrise. I know the sun was up. I don’t remember exactly the time.

Q: How long after you arrived there before Genl. Pleasanton came up?

(215)

A: Not a great while.

Q: Were you there when Genl. Brown was put under arrest.

A: I was.

Q: Did you hear the conversation between Genl’s. Pleasanton and Brown?

A: I heard some of it.

Q: What did you hear?

A: I heard Genl. Pleasanton say to Genl. Brown, you have disgraced your brigade, sir; they are scattered for miles. Genl. Pleasanton said something about orders he had given him, I did not understand what they orders were. Genl. Brown said he had obeyed the orders and commenced to explain I suppose. Genl. Pleasanton stopped him, and said he would hear about that afterwards, and said, you will go to the rear under arrest. He asked who was the next ranking officer. Genl. Brown told him Genl. Col. Phillips was. He sent for col. Phillips and told him to take command of the Brigade.

Q: did you remain with Genl. Brown?

A: No, I reported to Major Kelly.

Q: How long after that did you go into action?

(216)

A: I could not say how long. Immediately after Genl. Brown told me to report to Major Kelly. I saw the Major coming up and we moved right on and crossed the Blue mounted and wee then dismounted. It was only a few minutes: not one half an hour at most.

Q: What troops had the advance in that action?

A: I think Col. Phillips regiment, but am not positive.

Q: On the night of the 22nd and 23rd do you remember whether it was dark or light?

A: It was very dark.

Q: Had Genl. Brown’s Brigade been in motion during that night up to the time he established his headquarters?

A: I could not say, because I was in advance of the column.

Cross Examination by the Judge Advocate

Q: You say you were present at the time Genl. Brown was put under arrest?

A: Yes sir.

Q: You say in the first place Genl. Pleasanton began by saying Genl. Brown you have disgraced your brigade?

A: That was the first I noticed of it.

Q: You stated Genl. Pleasanton said he had given an order.

A: He said something about an order, I don’t know what.

Q: What was Genl. Brown’s reply?

A: If I remember correctly, he said, I have obeyed your order General. I understood him to say so.

Q: Was that before or after he said Genl. Brown you have disgraced your brigade?

A: I think it was after, but am not positive.

Q: You think Genl. Pleasanton commenced by stating that he had given an order.

A: The first remark I recollect, was you have disgraced your brigade.

Q: Did you see the sun rise that morning?

A: No sir, we were in the timber, and I did not notice it.

Q: Then how are you able to state that it was, (218) not far from sunrise when you heard this conversation?

A: I judged by the time from day light?

Q: It was not from any notice you took of the sun?

A: I judged by the time from day light?

Q: It was not from any notice you took of gthe sun?

A: No sir, it was the distance we had ridden and the length of time since we moved.

Q: Do you recollect whether there was a moon that night, and if so what time did it rise?

A: I don’t recollect of seeing any moon at all.

Q: Do You recollect whether it was very dark when you went with Genl. Brown to Col. Winslow’s headquarters.

A: When we went down there, there were fires all around, and I could not tell.

Q: Did you have any difficulty in going down?

A: Yet it was difficult to keep the road with my escort. We passed a great many troops.

Q: What time in the night was it?

A: It was before twelve (12) when we passed down, I supposed it was about 12 o’clock when we were at Col. Winslow’s headquarters.

(219)

Q: When you got to the rear of Col. Winslow’s brigade did you halt?

A: We stopped several times to inquire where it was, but did not stop any length of time.

Q: How long had you been on the road from where the battle of Independence was fought to where you met the rear of Col. Winslow’s brigade?

A: I don’t remember the time we passed Independence, it seems to me it was in the afternoon. We delayed no time, only for the fight at Independence. We stopped there till it was over, and moved on; we were on the road all the time: did not stop only while they were skirmishing. The horses were not even fed.

Q: How do you fix the time at 12 o’clock?

A: I did not fix it, that was my impression.