The Missouri in the Civil War Message Board

4th day of Gen. Egbert Brown court martial part 2

Q: Might it not have been as early as 10 o’clock?

A: It might have been, but it seemed to me it was twelve (12), though I did not look at my watch.

Q: If I understood you, you and General Brown started on before the column was ready?

A: No sir, not before they were ready. We were in advance of the advance. I supposed they were moving (220) right along with us.

Q: Were you not sent back to hurry up the command?

A: To hurry up the 1st Regiment particularly.

Q: did you not meet the 7th and 4th?

A: When I went back to hurry up the 1st, I met the 7th and I think the 4th.

Q: How long after you left Genl. Brown did you meet the 7th?

A: I met them right there.

Q: And the 4th, were they close up?

A: I think they were.

Q: Did you go back to the 1st?

A: No sir, I went back a short distance and did not see them.

Q: Why not?

A: I did not have orders to go clear to the them. I had orders to go and close them up if I could find them. I did not find them, and returned and reported that I did not see them.

Q: How long after that was the conversation between Genl.’s Pleasanton and Brown?

(221)

A: As I recollect it was not a great while.

Q: you say there were troops in front when you were ordered to get ready to move that morning.

A: Yes sir.

Q: Were they in column or scattered?

A: Some were standing to their horses; they were not in column and apparently had not moved yet.

Q: Did you notice a column moving immediately in your front?

A: I did not.

Q: How far did you travel with Genl. Brown before you were sent back?

A: I supposed we were at the head of Col. Winslow’s column.

Q: How long was it from the time you started in the morning till you reached Col. Winslow’s headquarters?

A: I could not say, it was not a great while. I supposed it was his headquarters, it was the head of the column.

(222)

By the Court

Q: Did you receive any instructions or orders from Capt. Little?

A: Yes, before we moved he told me to get the escort ready.

Q: By whom were you ordered to go back and hurry the 1st Regiment up.

A: I think it was by order of Genl. Brown himself.

Q: As you were returning not having found the 1st, you met Capt. Little?

A: Yes sir.

Q: Did you have any conversation with him?

A: There was some remarks. He was sent back before I was, but I don’t know what for. After a little while I was sent back, and I met Capt. Little again.

Q: When you met Capt. Little going to the head of the column, did he give you any order?

(223)

A: I don’t remember that he did.

Q: How far do you think it was from the point where Genl. Brown point where he was put under arrest?

A: I don’t think it was over two miles, but could not say, as we passed several troops and did not march right along and could not judge very correctly.

Q: I understand you to say you were sent by genl. Brown to hurry up the 1st Regiment from the point where he was put under arrest.

A: I think we moved a little before Genl. Pleasanton came up, but I am not positive. It seems that when I came back that we moved a short distance, but it was not far if we moved at all.

By the Accused

Q: Were you ever sent back by Genl. Brown with orders to move the 1st and 4th upon the flank?

A: No sir.

(224)

The Witness was retired.

Col. J. F. Phillips, 7th Cavalry M. S. M., a witness for the defense was duly sworn in presence of the accused and examined.

By the Accused

Q: To what Brigade were you attached on the 22nd and 23rd of October last?

A: The 1st Brigade of Genl. Pleasanton’s Cavalry Division.

Q: Of what troops did it consisted.

A: The 1st, 4th and 7th Cavalry M. S. M.

Q: At what time on the 22nd did you reach Independence.

A: In the rear.

Q: What regiment was in your front.

A: The 4th.

Q: what was in front of the 4th?

A: the 1st.

(225)

Q: Was there any artillery attached to your Brigade at that time?

A: My recollection is there was section of Thurber’s Battery.

Q: What position did it occupy as you passed through Independence?

A: It must have been between the 1st and 4th. It was ahead of my regiment but not in my immediate front.

Q: As you were passing through Independence was the column halted?

A: Yes sir.

Q: Do you know by whose order and for what reason?

A: I do not. I occupied the rear, and when the regiment in front halted, I halted.

Q: How long were you halted at Independence?

A: I suppose twenty (20) minutes.

Q: Do you know what the 1st was doing at that time?

A: I do not know: the streets were full of cavalry and I could not see far to the front.

Q: what was done by your regiment after that?

(226)

A: As soon as the regiment in my front moved I followed up. We were beyond the city about half a mile, when I was directed to dismount one battalion and send it into action. There was fighting in front, and I sent one battalion under command Lieut. Col. Crittenden and I followed up with the remainder of the command and the led horses. There was an order to send another battalion into action and I went with that myself. I was ordered to move to the right of Col. Crittenden, but before I executed that order I was ordered to move to the support of the artillery, and did so and remained there during the action.

Q: Was there much artillery firing?

A: I think the enemy was using two pieces, and we were using two pieces, and for half an hour the firing was quite heavy and rapid.

Q: What was the character of the engagement?

A: I think it lasted two hours.

Q: After you came up?

A: yes sir; when we dismounted they were fighting or skirmishing. After that the fighting became general in front, and for an hour of its time the whole command was engaged with the exception (227) of one squadron of my regiment – the fighting was quite heavy. The artillery was engaged and the rifle men were at work as fast as they could fire.

Q: Do you know the number of the enemy engaged at that time?

A: I could not state. My impression is, from the amount of work we had to do, there was at least a brigade, probably 1,500 or 2,000 troops, and I suppose we had a brigade of probably 1,200 men. The enemy’s strength was greater than ours.

Q: had there not been some companies detailed from your brigade?

A: There had been two companies detailed the day before.

Q: By whose order?

A: I suppose it was by Genl. Pleasanton I received it through one of his aides.

Q: What time was it when the action of the 22nd closed?

A: Very near dark. In fact it was quite dark when the advanced skirmishers were relieved. It was dark when I got to them with the led horses.

(228)

Q: By whom was your brigade relieved?

A: Col. Winslow.

Q: Do you remember during the action of Genl. Brown giving any order to Col. Winslow?

A: I do not.

Q: Did you drive the enemy from the positions they held?

A: yes sir. From where we first engaged the enemy we drove him at least a mile. We drove him from two of three different positions.
Q: What was the character of those positions as to strength or weakness.

A: I did not consider the position they first occupied as very strong, and we had not much difficulty in driving them. Their second one was quite formidable, giving them considerable advantage, and there we had the heaviest fighting to dislodge them. After that we had but little difficulty in driving them.

Q: At the time Col. Winslow relieved you what was the condition of the enemy.

A: It must have been about sunset when his brigade moved to the front, and the enemy was then retreating, skirmishing was going on but it was simply their rear guard trying to (part of sentence missing) (229) moved up.

Q: What was the movement of Genl. Brown’s Brigade after that?

A: We moved in the rear of Col. Winslow’s Brigade. We kept closed up to the troops in front. My regiment was in front of our Brigade.

Q: What kind of troops were in your immediate front?

A: I think there was some artillery in our immediate front. I think there was a section of four guns, but am not positive.

Q: How long did you move on the night of the 22nd?

A: I suppose it must have been 1 o’clock on the morning of the 23rd when we finally halted and built fires.

Q: Did you receive any orders to halt?

A: No sir, my orders were to keep closed up on the command in front and when they moved I moved and when they halted I halted. After I halted I learned it was the intention to remain there all night and I built fires.

Q: Did you receive any other orders from Genl. (23) Brown then to keep closed up?

A: I learned after we halted, whether I got it from Genl. Brown or a staff officer I don’t recollect that the command would lay there all night, but to sleep by our horses ready to move.

Q: Where were your headquarters that night?

A: By a log, closed up on Col. Winslow’s Brigade. The whole command built fires on the sides of the road and laid there.

Q: Where did Genl. Brown rest that night?

A: On the opposite side of the road from me – about twenty (20) steps I suppose.

Q: On the morning of the 23rd what orders did you receive from Genl. Brown?

A: I suppose it was abut day light when he came to me and informed me that our brigade was to take the advance, relieving Col. Winslow’s Brigade, and that my regiment was to take the advance of the Brigade, and gave me to understand the enemy was in position on the Big Blue, and that I should get my command ready to move immediately.

Q: What time did your command start?

A: Somewhere between daylight and sun rise. (231) It was about day light when I received the verbal order from Genl. Brown and I immediately roused the men up and mounted them. I don’t suppose I occupied more than ten minutes in moving out the men were asleep by their horses and as soon as we could get them up we were ready. After I received the order from Genl. Brown the ammunition wagons came up, and I suppose there were ten (10) minutes occupied in distributing ammunition and then we moved immediately, not more than fifteen (15) or twenty (20) minutes after I got the order.

Q: What troops were in your immediate front when you moved out?

A: I suppose it to be Col. Winslow’s troops.

Q: How far were you from Genl. Brown’s body guard?

A: They started out with Genl. Brown and I followed trying to keep closed up with them but they moved with more irregularity than my command.

Q: In what manner did the column move?

A: I was in advance and I understood the 4th was next.

(232)

Q: What troops did you pass as you went to the front?

A: My understanding was we were passing Col. Winslow’s brigade. They were in the road and I passed them, following Genl. Brown as well as I could. I was moving in column of fours and we crowded past them as best we could.

Q: How far from where your column started that morning was sit to the front of Col. Winslow’s Brigade?

A: I don’t know that I could state definitely. My judgment is predicated on the time occupied in going from camp to where we went in action on the Blue. My impression is it was three (3) or four (4) miles.

Q: How long were you in passing over the ground?

A: I can’t state definitely. Part of the time we were traveling among the other troops. I suppose the time occupied from where we left to where we halted must have been forty (40) or forty-five (45) minutes. When I reached a point near the head of the column I received a note from Genl. Brown saying: ‘You will follow Col. Winslow’s Brigade until further orders. I was passing his brigade at the time. I suppose I received that about half a mile (233) from the head of the column I was passing when I received it. I drew up and wheeled my command left into line and dismounted the men and stood there about ten (10) minutes, till I received further orders to move forward. I then moved to the front.

Q: What movements had been made by Col. Winslow’s brigade?

A: At the time I halted it seemed he halted. They wheeled to the right and I to the left. After I halted his column was put in motion and when I received orders to move forward they were halted, and I passed through to the left of his column.

Q: What was the character of the country through which you passed?

A: Part of the time through farms, though lanes and fields. At that point it was timber on either side of the road, very dense. I passed through the left of the road through very thick brush.

Q: What time was it when you reached the front?

A: I can’t state only my impression, from the time I started from camp. I suppose it must have been 7 o’clock.

(234)

Q: How was it in reference to the sunrise?

A: It was considerable after sunrise.

Q: Was Col. Winslow there when you reached the front.

A: Yes sir.

Q: What troops of his were in front of you at that time?

A: My understanding was there was on regiment. I think the 3rd Iowa who were in advance as skirmishers.

Q: what orders did you receive when you reached the front?

A: As soon as I reached the head of the column and passed on down to I suppose within one quarter of a mile of the Big Blue, my orders were to prepare to fight on foot, and carry the command to the front and relieve col. Winslow’s Brigade, who were skirmishing with the enemy. I was prepared to execute the order when Genl. Pleasanton came to the front and relieved Genl. Brown of the command of the Brigade and placed me in command.

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

A: I heard part of it, but did not notice what was said.

(235)

Q: Do you remember any part of the conversation?

A: yes sir.

Q: state what you recollect of it.

A: My recollection is that when Genl. Pleasanton came up he stated to General Brown that he had found his command straggling and in a most disgraceful condition. That his troops were disorganized and he considered his conduct scandalous. And remarked that he had not manifested any disposition to fight: that his troops would fight if he would give them an opportunity to fight. That particular remark made an impression on my mind at the time. The language of Genl. Pleasanton was quite spirited, and he spoke in an excited tone. There was much more conversation between them but I don’t remember the details

Q: Do you remember anything Genl. Brown said.

A: he seemed disposed to explain to Genl. Pleasanton the reason why he had not attacked the enemy at an earlier moment and to explain his conduct in general. Genl. Pleasanton told him he did not want to hear anything from him, and ordered him under arrest and to go to the rear of the (236) brigade and for me to take command of the brigade.

Q: How soon did the general action commence?

A: My regiment was dismounted when Genl. Pleasanton told me he wanted me to carry the Brigade and drive those people from the river. To throw the 7th into action dismounted and with the remainder of the brigade charge and rive the enemy from there. I told him I would in a few minutes, as soon as I organized a staff, which did not occupy but a few minutes. I then threw the 7th into action dismounted and carried the remainder of the brigade forward into action mounted.

Q: What troops were first engaged that morning.

A: The 7th under Lieut. Col. Crittenden. I moved them down the road about 100 yards and threw them to the left of the road and put them under fire.

Q: Did you pass the skirmishers of Col. Winslow?

A: That regiment moved forward and relieved Col. Winslow’s men somewhere about (237) the creek. The enemy was on both sides of the creek. The force they had on the east side did not amount to much, not more than a small regiment, to resist the onset of their main force on the west bank we had not much difficulty in driving them across. They were driven across by one regiment, the 7th. That regiment of Col. Winslow’s which was down there, my impression is stayed there and assisted in the fighting. They were already engaged and assisted to drive the enemy across the river.

Q: At the time the 7th was dismounted by yourself where was the 4th?

A: Immediately in the rear of the 7th, and was carried down to the river mounted. I effected a crossing with that regiment mounted with difficulty. They had felled timber into the creek and had planted two pieces of artillery to command the ford and we landed with a twenty (20) or twenty-five (25) minute delay.

Q: How long before the 1st came up.

A: they were closed up on the 4th, and were carried across the creek as fast as cavalry could cross. We had to make the crossing in single file.

(238)

Q: You speak of distributing ammunition on the morning of the 23rd, did you get out of ammunition on the afternoon of the 22nd?

A: yes, our supply of ammunition was exhausted at Independence.

Q: What supply did you have when you went into that fight?

A: the 1st was armed with Austrian rifles and their cartridge boxes held forty (40) rounds. The boxes of my men held only twenty (20) rounds, but whether they had any extra or not I do not know. I know that on the morning of the 23rd I had them fill their boxes and carry twenty (20) extra rounds each.

Q: Do you remember of the ammunition train being halted east of the Little Blue?

A: Yes sir.

Q How far east?

A: The ammunition train was following the brigade up to that time, and on the east side of the Little Blue we received orders for all the transportation of the Brigade to halt. The supposition was the halted.

(239)

Q: How far from Independence.

A: I cannot state.

Q: What were the general orders received from Genl. Brown in reference to marching, straggling etc.

A: The enemy before us, we always received the order of march for the succeeding day. What regiment would take the advance, the center and the rear. There were general orders in regard to straggling and keeping the command close up. The regiment in the rear generally furnished the rear guard for transportation and the rear guard; to keep up stragglers don’t remember any special instructions.

Q: Do you remember in moving on the morning of the 22nd of his giving you any special orders, or saying anything in regards to Genl. Pleasanton’s order No. 3?

A: I don’t know I do. We always moved under strict orders in regard to straggling – he may have given me special instructions that morning but I don’t recollect it.

Q: Do you remember whether the night (240) of gthe 22nd was dark or light?

A: My recollections it was cloudy and dark. I know the fighting between Col. Winslow and the enemy was extremely fierce, and I could discover the lines of the enemy by the light caused by the firing of their guns.

Cross Examination by the Judge Advocate

Q: Do you know the disposition of Genl. Pleasanton’s troops at Independence?

A: I do not.

Q: Do you know when Genl. Sanborn or Genl. McNiel was sent?

A: No sir, I was commingling a regiment only.

Q: Were their troops operating in your vicinity?

A: they were in advance and had operated at Independence when we got up. When we got up the fight was over, and the enemy was driven to the west side of the town (241) were then ordered to the advance and engaged the enemy, and I recollect to have passed one or two brigades. I recollect distinctly having seen Genl. McNiel’s – I don’t recollect having seen Genl. Sanborn’s. We were halted on the east side of the town, and when we moved it was at a gallop – it was very dusty, and I might have passed his troops, and not seen them. Neither of their commands were engaged on the west side of the town.

Q: You relate the conversation between Genl. Pleasanton, and Genl. Brown’s arrest – was Genl. Pleasanton excited?

A: He spoke with a great deal of spirit – he is naturally nervous man. He spoke with energy and force. I thought he was unusually excited that morning.

Q: Do you recollect of his stating in that conversation that he had given an order to relieve Col. Winslow at day light and it had not been obeyed?

A: There might have been something of that kind of language but I don’t recollect the language.

Q: Did you hear Genl. Brown state in reply, that he had obeyed that order?

A: I don’t recollect of his using that order – he attempted to explain why he had not brought management. What language he used I don’t recollect. He spoke in a very low tone, and I was twenty steps away.

Q: The cause of Genl. Pleasanton’s excitement was because his order had not been obeyed?

A: I supposed it was, though, I could not be positive.

Q: You state that your brigade engaged the enemy a short distance west of Independence?

A: Yes sir.

Q: How soon did you go into action after the 1st went in?

A: I can’t state, because the 1st occupied the advance, and the 4th was between it and mine, and when I got up the 1st (243) was already engaged though I think they could not have been engaged over ten or fifteen minutes at the furthest. I think the reason they had got into action before the remainder of the brigade got up, was that the artillery which was between the first and the 4th regiment was halted in the street, and the 4th waited for it to move. They waited some time for it to lmove, and then went around it.

Q: When you got up what was the condition of the 1st regiment?

A: There is a bridge across the railroad west of the city, and on the right of the road there is a lane – this was where the 1st was dismounted and were carried on foot across that bridge and to the front.

Q: Was the skirmish line established when you go there?

A: They were skirmishing when I got up.

Q: Did the enemy fall back or did they make a stand there?

(244)

A: There was heavy skirmishing and they gradually fell back. They did not make much of a stand at first.

Q: In proportion as you pressed them they fell back?

A: Yes.

Q: How far did they fall back before they made much resistance?

A: They fell back through a filed into a pasture, I suppose about half a mile. They were in considerable force there, and then is when they made their first stand, when they seemed disposed seriously to oppose our advance.

Q: How long did artillery used by the enemy continue firing there?

A: They had been using their guns twenty minutes before we got our guns to the front.

Q: Were they using artillery while falling back?

A: Yes, more or less all the time. Sometimes the firing was very rapid – and again at long intervals.

(245)

Q: In regard to the respective numbers of forces you think their force was superior to ours?

A: I think so – I judge from the length of their line.

Q: How do you account for the falling back?

A: On principle that our men out fought them, or they may not have intended to make a heavy stand then, though they did not deem disposed to give way, only as we compelled them. I know they stood their ground well and fought admirably, and once attempting a flank movement at one time, my impression is that they intended to retard our progress – they intended to whip us if they could and not to fall back. I think their intention was to gain time, and they fought very hard to accomplish it.

Q: After that stubborn resistance was made did they retire?

A: yes, they fell back until sun set when the firing ceased – after that until dark then was only skirmishing.

Q: Do you know where the main body (246) encamped that night?

A: they were driven constantly before us that night Col. Winslow engaged them about dark, and from eight until eleven the firing was heavy and at times fierce.

Q: On the morning of the 23rd do you know where their first line of battle was formed?

A: On the east side of the Big Blue. I don’t think it amounted to more than a skirmish line, but it was a heavy one – they once in force on the west side of the Big Blue.

Q: did our troops have any difficulty in driving them that day?

A: Yes sir, one had a heavy fight that day. I think the heaviest fight of the campaign.

Q: did our troops advance any?

A: Yes sir, as we drove the enemy.

Q: Can you give any idea how far it was from Independence to where you halted on the night of the 22nd?

(247)

A: It is difficult to state definitely for we moved very slowly. We moved only as Col. Winslow moved before us. I think we moved seven or eight miles it might have been more or less, I can’t tell.

Q: You say, you got the order to move about day light the next morning?

A: Yes sir.

Q: How were you able to fix the time?

A: From the fact that I had been trying to sleep. I had been using a fence rail for a pillow, and was up and down several times firing my fed. One great annoyance was the soldiers would come along and take me for a soldier and lay down on top of me, and finally I got up and sat down by the field and waited for day light. I know about the time, for I was looking anxiously for it.

Q: Was it clear that morning?

A: Yes sir.

(248)

Q: On the morning of the 23rd did you follow immediately in the rear of Col. Winslow’s brigade, or was there space between his brigade and yours?

A: When we started, there was a small space. Col. Winslow’s brigade was in motion. We went about quarter of a mile when we struck the rear of his brigade and began to pass it as fast as we could.

Q: When you got up to Col. Winslow do you know the disposition of his forces – had he or not a skirmish line out?

A: I suppose he had from the fact that when I began to pass his cavalry some were leading horses, and at one point on the left of the road there was about a battalion of horses without riders, who, I suppose were dismounted as skirmishers, and I would occasionally hear a volley of musketry in that direction. I don’t know how many men he had out, I suppose a regiment.

(249)

By the Accused

Q: On the morning of the 23rd id you hear the bugle sound?

A: Yes, I heard, Genl. Browns bugle sound to horse, and sounded forward!

Q: Were the calls repeated?

A: They were in my regiment, I don’t know as to the others.

Q: What time was it when the bugle sounded to horse?

A: It occurred about the time Genl. Brown informed me of the movement he was to make: I suppose it was about daylight.

Q: When you went into action at Independence, how far had you marched that day?

A: We marched from a church on the Sni about eight miles from Lexington.

By the Court

Q: Did you see Genl. Sanborn before you started on the 23rd?

(250)

A: That morning before we moved out of camp. Genl. Sanborn came to the fire where Genl. Brown had bivouacked. I had gone across the road to get a cup of coffee and Genl. Sanborn came while I was there.

Q: How long before you were ordered to move out?

A: My recollection is it was before day light, and but a short time after that. Genl. Brown came to me and informed me of the movement.

Q: Did you receive the order by Captain Little?

A: My recollection about that is that I received the information from Genl. Brown personally, verbally. Capt. Little may have come to me in going around to deliver it generally. I know I acted upon the information I received from genl. Brown personally.

Q: Was your regiment out of ammunition?

A: Its supply was exhausted. I don’t know that it was entirely exhausted but was greatly reduced in the action at Independence. (251) And the train did not get up to the head of the column till near day light and then I replenished before we moved out.

Q: Did you make any communication to Genl. Brown in regard to your supply of ammunition?

A: No sir.

Q: Did you receive any from him?

A: I had a conversation with him after we came back but received no distinct order. I was understood that our supply was reduced and there was a necessity for replenishing and I had sent back to hurry up my own wagons.

Q: What time?

A: Just after the fight at Independence I sent back especially to look after my staff wagon. It was three o’clock before the messenger got back with the staff wagon and the ammunition wagons came right along before daylight.

Q: How long before?

A: A short time before I got the order.

Q: Do you know when Genl. Brown got the order to march?

A: I do not, only from a conversation with him.

Q: When was it?

A: It was had after his arrest.

Q: Did you see a staff officer of genl. Pleasanton’s before you marched?

A: I don’t recollect to have seen one. Genl. Brown was on the opposite side of the road from me. He may have been there; he was not at my fire.

Q: Do you recollect seeing Genl. Brown or Genl. Sanborn reading a paper by the fire light that morning?

A: No sir.

Q: Did you hear skirmishing during the later part of the night?

A: I can’t state definitely whether I did or not.

Q: Did you hear any about the time you moved?

(253)

A: Yes sir, there were some volley shortly after we moved.

Q: Was there any sound of musketry before you moved?

A: I don’t recollect to have heard it. They may have been, but if so it made no impression in my mind. I recollect to have heard it after we started, because I thought the Big Blue was not more than a mile away, and I wondering why we did not come to it when I heard the volley’s.

Q: You think the rear of Genl. Winslow’s Brigade. Started just before you did?

A: Yes sir, I don’t think it was more than a quarter or a half mile away when we left camp. We soon came up to and passed it.

Q: You spoke of the 1st being closed up on the 4th after you reached the point where Genl. Brown was put under arrest. What called that to your notice?

A: Soon after I took command of the Brigade and put the dismounted regiment in action, I looked after the condition and position of the other (254) Regiments, and found the 1st closed up there, and I sent for the adjutant of the regiment to report to me for an aide de camp.

Q: How long was this after you arrived where Col. Winslow was?

A: It must have been twenty (20) or thirty (30) minutes.

Q: How long after Genl. Pleasanton arrived at that point.

A: Ten or fifteen minutes. I can’t state definitely about these things.

The Witness then Retired.

Q: Lieut. Col. T. T. Crittenden, 7th Cavalry M. S. M., a witness for the defense was duly sworn in presence of the accused and examined.

By the Accused

Q: Were you connected with Genl. Brown’s Brigade on the 22nd and 23rd of October last?

A: I was.

(255)

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

A: I suppose it was about 2 o’clock but are not certain.

Q: State the events which transpired in the action of the 22nd.

A: We were engaged in that skirmish on battle which took place there. Our regiment was halted at Independence from some cause. We were in the rear of the 4th, and as soon as it moved we followed. We passed through the town at a rapid note, and west of the place just about the limits of the place just about the limits of the town we came up with the 1st which was in advance. Genl. Brown ordered one battalion of my regiment to be dismounted and taken into action. It was dismounted and I took it into action. I was ordered by Genl. Brown to take it as well as I remember to the left of the 1st and the right of the 4th, thereby placing me in the center with my battalion. I passed down the road and met Col. McFerran and he told me to go to his right. I told him I had other orders to obey first. We were engaged in that contest about two hours or two and a (256) half and I considered it a pretty fierce contest.

Q: What was the force of the enemy you engaged that time?

A: According to the best information I have there were two Brigades engaged. What we know we learned from the enemy of course.

Q: Did you capture any officers from whom you obtained formation?

A: Yes sir, Lieut. Col. Young was wounded and captured. He since died, but he was able to talk when first captured.

Q: What time did the action close?

A: At the time we were relieved or disengaged from the contest it was well on to sundown.

Q: After sundown what was done by our regiment?

A: the command moved west as soon as it was mounted, following Col. Winslow’s Brigade.

Q: How long did you continue to move on that night?

A: I can’t say, we were moving slowly and (257). I have a poor appreciation of the time or distance. Some said it was 11 or 12, and some 1 or 2 o’clock.

Q: Did you sleep that night?

A: Very little.

Q: What time were you up the next morning?

A: We were up before we moved, which was between day light and sun up.

Q: Do you remember passing Col. Winslow’s command that morning?

A: yes sir.

Q: How far had you moved when you over took his command?

A: I suppose two or three miles.

Q: What time was it when you reached the front?

A: Seven o’clock or after.

Q: Did you see Col. Winslow?

A: I don’t know him.

Q: What was done by your regiment as it reached the front?

(258)

A: I was riding with Col. Phillips at the head of the regiment when he received an order from Genl. Brown and read it. I inferred from his actions that we were ordered to halt and dismount. He wheeled the regiment left into line and dismounted it. We were there ten (10) or fifteen (15) minutes when we were ordered forward. We came to the head of Winslow’s Brigade and were halted again. The 7th was the advance of our brigade.

Q: What orders did you receive then?

A: I supposed Col. Phillips received orders from Genl. Brown. He gave orders to dismount the regiment and take it into action. Very soon, in fact as we were doing it. Genl. Pleasanton came up and some controversy took place between him and Genl. Brown of some kind and he placed Genl. Brown under arrest and Col. Phillips was put in command of the Brigade and I was ordered to take command of the regiment.

Q: How long was it after your regiment dismounted and was preparing to go into action before you moved to the front.

A: It was done in a few minutes: as quick as men could be moved, and I moved them at the double quick.

(259)

Q: What troops brought on the general engagement?

A: I brought it on with the 7th. I did it by order of Genl. Pleasanton. His words were these: Clear those people out of the bottom, and that instantly. I shall never forget it. I went down and went to the 3rd Iowa cavalry. I think had some skirmishers thrown out. I threw out one battalion of my regiment, crossing their front. They were on the left of the road about fifty (50) yards, and there was a precipice of about six feet, to descent, and I remember the commanding officer of the regiment saying if you take your men down there, they will all be killed. I replied that I had orders to do it and should try. I had a Lieutenant killed there, but we cleared them out of the bottom and across the creek, though firing furiously on us all the time.

Q: On the morning of the 23rd did you hear any bugle call from Genl. Browns headquarters?

A: I don’t remember.

Q: Do you remember whether the night of the 22nd was light or dark?

A: It was dark the first part of the night (260). I suppose the moon rose after midnight.

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

A: Yes, part of it.

Q: State what you heard.

A: I think Genl. Pleasanton rode up and said to Genl. Brown, first: ‘You have not obeyed my orders this morning. You have acted most disgracefully. I think that was about the language. You have some men here that would fight if you would give them an opportunity, but you have not given them an opportunity.

Q: Do you recollect anything Genl. Brown said?

A: He undertook to make some explanation. I don’t know what it was, but I don’t think he got through with it.

Cross Examination by the Judge Advocate

Q: From the conduct of the enemy on the 22nd (261) and 23rd what seemed to be their object in fighting the battle immediately west of Independence?

A: to resist an advance as much as possible and drive us back.

Q: Was it to drive us back as to get out of the way themselves?

A: By driving us back they would get out of the way themselves.

Q: Was that what you would call a general engagement?

A: I considered it a pretty fierce contest. It was not considered by my superior officers a general engagement.

Q: you spoke of a conversation between Genl’s Pleasanton and Brown: What seemed to be the cause of Genl. Pleasanton’s excitement?

A: I judged it was because Genl. Brown had not obeyed his orders: that was what he stated. Genl. Brown was making an explanation, when he cut him short.

Q: Did Genl. Brown say he had obeyed he order, or was he explaining why he had not?

(262)

A: I judged Genl. Brown had obeyed the order.

Q: To the best of your knowledge what time did your regiment move that morning?

A: I suppose it was after six o’clock somewhat.

Q: How soon did you reach Col. Winslow?

A: We commenced reaching his brigade between six (6) and seven (7).

Q: I mean the head of his column?

A: I suppose it was 7 o’clock or after.

Q: Do you know the disposition of his forces at that time?

A: I do not. The greater part of his force was in the wood moving. We had out a line of skirmishers did he have out?

Q: How many skirmishers did he have out?

A: I don’t know whether it was a company or a battalion. I don’t think there was a battalion and there was probably more than a company.

Q: Did you see Genl. Sanborn at Genl. Browns Headquarters before moved?

(263)

A: I don’t remember to have seen him.

Q: Do you know who gave orders to your regiment to move that morning?

A: No sir, they were delivered to Col. Phillips.

By the Court

Q: Did you see the rear of Col. Winslow’s brigade move out that morning?

A: there was a battery immediately in front of us: I don’t know whether it was attached to Col. Winslow’s Brigade is not. I don’t think I saw the rear of his Brigade move at all.

Q: did you see that Battery move?

A: yes, I think so.

Q: How long before you moved?

A: I don’t know that I could state; we moved very soon after. I am not certain I saw the battery move.

Q: You think it was two miles before you came up with his rear?

A: yes sir, we stopped at a small creek to water and there we found this battery. We moved slowly, because the (264) rear Battalion got delayed and we wanted them to atch up.

Q: Was the battery closed up on the balance of the Brigade?

A: No, I think not.

Q: that creek was a mile and a half or two miles from where you started?

A: Yes, I think so.

The Witness then retired.

Major George W. Kelly 4th Missouri Cav. M. S. M. a witness for the defense was duly sworn in presence of the accused and examined.

By the Accused

Q: Where were you on the 22nd and 23rd of October last?

A: On the 22nd we left Wellington and marched to beyond Independence.

Q: In what Brigade were you?

A: First.

Q: Were you commanding the regiment?

A: Yes sir.

(265)

Q: What was your position in the column at Independence?

A: I was in the center. I was in the rear to within half a mile of Independence.

Q: What was in your immediate front?

A: The 1st Regiment.

Q: Was there not a battery?

A: Yes a portion of one.

Q: By whom commanded?

A: I think by Captain Thurber himself. There was a section of another Brigade was ahead of me there with two howitzers.

Q: Were you halted at Independence, and if so by whom?

A: I was halted, I don’t know by whom: it was someone belonging to Genl. Pleasanton’s staff.

Q: How long were you halted?

A: I suppose thirty (30) minutes. I was ordered to furnish a detail of not less than forty (40) men under a commissioned officer to take charge of some artillery captured there and a (266) company for a provost guard. I received that order at the hands of Col. Cole. I think.

Q: Do you know whether the 1st was engaged with the enemy at that time?

A: I heard firing in my advance.

Q: From whom did you secure orders to move?

A: From an orderly of Genl. Brown’s to move on the double quick: that the 1st was busily engaged, and we moved on a gallop.

Q: Do you know how long the 1st had been engaged when you moved up.

A: No sir.

Q: Did you move before the 7th?

A: Yes sir.

Q: How long had you been engaged before the 7th got up.

A: Not very long: I could not state the exact time.

Q: How long did the action last after you got up?

A: I suppose an hour and a half or two hours.

Q: What was the character of the engagement?

(267)

A: It was a right smart little fight.

Q: What time did it cease?

A: It was getting late in the evening; I suppose the sun was an hour high.

Q: At what time were you relieved and by whom?

A: I supposed we were relieved by Col. Winslow’s Brigade.

Q: What did you do after he took the advance?

A: the led horses were brought down, the men mounted and we took our original position in the column.

Q: Did you report to Genl. Brown that you were out of ammunition?

A: Yes.

Q: At what time?

A: About half an hour or more before we ceased firing.

Q: what supply had you when you went in?

A: All my squadrons had their boxes full except two: three lacked four or three rounds of being full.

Q: What was your position in the column that night?

(268)

A: In the center.

Q: what were your orders?

A: to keep closed upon the 7th which was in advance.

Q: Were those orders obeyed?

A: Yes sir: when the 7th halted I did and when they advanced I did the same.

Q: Did you receive any orders from Genl. Brown on the morning of the 23rd.

A: I don’t think I did until we started. Genl. Brown’s Bugle sounded to horse and advance and I followed right on.

Q: Did your bugle repeat the call?

A: Yes sir.

Q: What time did Genl. Brown sound to horse?

A: Just as day light was coming and about ten minutes after the bugle sounded the advance.

Q: How soon did you move?

A: Right after the 7th.

Q: How long after the bugle sounded to advance?

A: About half an hour. Some of the rear (269) companies of the 7th closed up on a trot and I had to do the same.

Q: Do you remember of coming up with Col. Winslow’s Brigade?

A: We came up with the stragglers and pack train.

Q: Where were they and what position did they occupy?

A: They were in the road ahead of me, and I thought it was part of the 7th until I rode around to see what they were doing. I was in the field and brush and I rode up to them and saw I was mistaken and pushed them to the side of the road and passed on. In about a mile I struck Col. Winslow’s column; they were halting and moving alternately.

Q: Did you get up with the 7th before it halted?

A: I don’t know what time the 7th halted. I was ordered up by Genl. Brown.

Q: When you get up where was the 7th?

A: Part of them were on their horses and part were on foot.

Q: What time was that?

A: After sunrise.

Q: Do you know how long you were in passing (270) from where you halted at night to where you reached the head of Col. Winslow’s column.

A: I suppose I reached the head of his column within about two and a half or three miles.

Q: Who did you find there?

A: I don’t know who I found there. I passed on and found Generals Pleasanton and Brown and Col. Phillips.

Q: At what time in the morning of the 23rd were you supplied with ammunition?

A: About the time the bugle blew.

Q: do you remember whether the night of the 22nd was dark or light?

A: It was very dark: We had fires built along the road.

Q: As you passed along from where you halted the night of the 22nd to where you reached the front, did you find any stragglers belonging to Col. Winslow’s command?

A: I passed them all along. At one place I found eight (8) or ten (10) men in a house, and they told me they belonged to Col. Winslow’s brigade.

(271)

Cross Examination by the Judge Advocate

Q: From the conduct of the enemy on the 22nd and 23rd, what seemed to be the object in fighting the battle west of Independence.

A: I suppose it was to gain time in order to destroy Genl’s Curtis and Blunt. This was my impression.

Q: In your opinion was there a superior force opposing you at Independence?

A: Yes, I know there was.

Q: As they fought did they gradually fall back?

A: they did not fall back very gradually. Once in a while they would make a very stubborn resistance, until it got two hot, and then they fell back quite rapidly.

Q: it was a running fight was it not?

A: They were dismounted, and as we would dislodge them they would fall back: that was the way in my front.

Q: Where did Col. Winslow relieve you on the 22nd?

(272)

A: Just after we drove the enemy. They have reached their horses and started off. Their artillery was limbered up. They were not making any resistance.

Q: How rapidly did your force advance?

A: We were fighting them dismounted.

Q: As they fell back would you not fall on them?

A: Yes sir.

Q: At what rate?

A: As fast as we could.

Q: Was it at a walk?

A: No sir, we sometimes had my men on a run.

Q: When you got to Col. Winslow’s front on the 23rd in what condition did you find his command?

A: Some were standing to their horses, some were mounted and some were in front on foot. When I passed Genl. Pleasanton he ordered me to keep up with the skirmish line and when I got a chance charged the enemy.

(273)

Q: What was the skirmish line composed of?

A: Col. Winslow’s Brigade and part of the 7th Regiment. One battalion was mounted and back in the road.

Q: what time did you move on the 23rd?

A: It was a little after day light.

Q: How soon did you strike the rear of Col. Winslow’s Brigade?

A: I suppose between two and a half and three miles. I was passing part of his Brigade when Genl. Pleasanton passed me. Maj. Suess asked me what I was doing, and I told him I was trying to get to the front.

Q: You were not with the Brigade?

A: Part of it was ahead of me.

Q: Do you know the length of Col. Winslow’s Brigade?

A: I supposed when closed up it was half a mile long.

Q: Were they closed up that morning?

A: Tolerably well. There was a big gap between them the regiment ahead of me and the next.

The Witness then retired.

The court then adjourned until 11 o’clock a.m., Friday December 9th, 1864.