Headquarters Department of the Missouri

St. Louis Mo., Nov. 24th, 1864

Special Order }

No. 325 } EXTRACT

Brig. Genl. Thomas Ewing Jr. Commanding District of Rolla is hereby detailed as a member of the General Court Martial convened by Special Order No. 317 current series from these Headquarters.

By Command of Major General Rosecrans.

(signed) Frank Eno

Assistant Adjutant General

St. Louis, Mo., Nov. 25th, 1864

The court met pursuant to adjournment, and in obedience to the above order:

PRESENT:

Brig. Genl. J. t. Copeland U. S. V.

Brig. Genl. Thos. Ewing Jr. U. S. V.

Brig. Genl. John B. Sanborn M. S. M.

Col. Geo. A. Hall M. S. M.

Major Allen Blocker 1st Nebraska Cavalry : Judge Advocate

ABSENT:

Brig. Genl. J. A. Meredith, U. S. V. Sick

The court then proceeded to the trial of Col. James McFerran, 1st Cavalry M. S. M. who was called before the court and having heard the orders appointing the court read was asked if he had any objection to any member named in the orders; he replied that he had no objection.

The court was then duly sworn by the Judge Advocate and the Judge Advocate was duly sworn by the Presiding Officer of the Court both in the presence of the accused. The reporter was also duly sworn by the Judge Advocate in the presence of the accused.

The accused then made application for permission to introduce counsel and T. T. Ganntt and S. H. Gantell were admitted as counsels.

Witnessed and signed by accused Col. James McFerran.

Was then duly arraigned on the following charges and specifications, which were first read to the court in his presence.

CHARGES PREFERRED AGAINST

COLONEL JAMES McFERRAN, 1st Cavalry Missouri State Militia Cavalry

Charge I: Misbehavior before the enemy.

Specification: In this that he Colonel James McFerran, 1st Regiment Missouri State Militia in the service of the United States, while his regiment Missouri State Militia in the service of the United States, while his regiment was before and engaged with the enemy, as dismounted skirmishers, and remain their rear with the horse holders, and going into action himself but concealing himself behind a tree in a cowardly and disgraceful manner to the scandle of the service. This near Independence Mo., on or about the 22nd day of October 1864.

Charge II: Disobedience or orders.

Specification: In this that he Colonel James McFerran, 1st Regiment Missouri State Militia in the service of the United, having received lawful and stringent orders from his superior and commanding officer, Major General Alfred Pleasanton, to permit none of his command straggle or fall behind, while in presence of the enmy, did disobey and ordered by permitting his command to straggle and fall behind so as to be unfit and unable to fight the enemy. This while on the march from Lexington Missouri to Big Blue Creek, Mo., on or about the 23rd day of October 1864.

Charge III: Neglect of duty to the prejudice of good order and Military discipline.

Specification: In this that he Colonel James McFerran, 1st Regiment Cavalry Missouri State Militia in the service of the United States, while his command was on the road in pursuit of the enemy, did neglect his duty by permitting his troops to straggle and fall behind, and become so disorderly and disorganized as to be unfit to engage the enemy.

(signed) A. Pleasanton

Major General Commanding
To which charges and specifications the accused, Col. James McFerran pleaded as follows:

To Specification of Charge I - Not Guilty

To Charge I - Not Guilty

To Specification of Charge II - Not Guilty

To Charge II - Not Guilty

To Specification of Charge III - Not Guilty

To Charge III - Not Guilty

Colonel Nelson Cole, Second Missouri Light Artillery, and Chief of artillery in the Department of the Missouri, a witness on the part of the prosecution was duly sworn in presence of the accused and examined.

By the Judge Advocate

Q: State your position in the service in the latter part of October 1864.

A: I was Chief of Artillery in the Department of the Missouri and was with Maj. General Pleasanton as his Chief of Artillery in Provisional Cavalry Division and was acting as Chief of Staff for him.

Q: Do you know Col. McFerran, the accused.

A: I do by sight.

Q: What is his position in the service.

A: He is Colonel of the 1st M. S. M. Cavalry.

Q: What was his position in the latter part of October last, while you were acting as Chief of Staff under General Pleasanton.

A: He was commanding his regiment.

Q: Where was his regiment operating at that time.

A: It was attached to Genl. Brown’s Brigade, operating in the field in the western part of this state.

Q: Did you see him on the march about the 22nd or 234d of October 1864.

A: I did.

Q: In what particular place was Genl. Browns Brigade operating on the 22nd and 23rd day of October 1864?

A: At and near Independence Mo., we passed through that town during the 22nd.

Q: Against whom were they operating?

A: Against the rebel forces under genl. Price.

Q: On the 22nd and 23rd of October last, what was the position of the respective forces oof the Federal and rebel armies?

A: the rebels were retreating and we were pursuing.

Q: What was the distance between the two armies?

A: we were fighting their rear.

Q: What was the date of Genl. Pleasanton’s first engagement with the rebel forces after leaving Jefferson City?

A: A portion of his Division was engaged during the whole time after it left Jefferson City.

Q: Was Col. McFerran’s regiment engaged in the pursuit of Price?

A: Yes sir.

Q: Was there a battle at Indepenence?

A: Yes.

Q: What was the date of the battle?

A: The 22nd of October 1864.

Q: Where was the next battle?

A: On the Big Blue.

Q: where was the next battle?

A: On the Big Blue.

Q: What is the distance between Independence and the Big Blue/

A: I don’t know that I could form a correct estimate of the distance. It may be five miles or ten or more.

Q: Then from the 22nd to the 23rd of October the forces under Genl. Pleasanton were pressing the forces of the enemy from Independence to the big Blue.

A: Yes.

Q: do you know of any orders being issued in regard to straggling?

A: There were orders issued forbidding it.

Q: Have you even seen the order?

A: I have.

Q: examine the order now handed you, and state if that is the order. (Order hereto appended marked A).

A: It is.

Q: Did you notice Col. McFerran’s regiment on the 22nd?

A: Not particularly.

Q: Can you give any account of it on that day.

A: No sir.

Q: Did you notice it on the 23rd?

A: I did.

Q: Give detailed account of the condition of his troops on the 23rd.

A: On the morning of the 23r as General Pleasanton and his staff were moving to the front, we saw three or four companies or squadron’s of cavalry dismounted, eating their breakfast and feeding. Some of the horses were unbridled and some were unsaddled, some were in the road, and some were off the road. The General directed me to ride over and see what they were. They were scattered along a distance of one-fourth to half a mile. I rode over and asked if there was any officers there. I was told there were. I found them and asked them to what regiment they belonged. They said to the 1st M. S. M. Cavalry. I asked them what they were doing: they said they wee breakfasting. I asked them by whose orders. They said Col. McFerran had given the orders McFerran had given the orders and to feed with his permission. I told them to get on their horses and move up to the front, and left a staff officer to enforce the order. I reported the facts to Genl. Pleasanton and he directed me to place Col. McFerran under arrest, and I did so. I found Col. McFerran, I suppose, at the head of his column. It was at a halt. The regiment was badly scattered.

Q: What was the position of this regiment in Genl. Brown’s Brigade?

A: I don’t know I should judge it was the rear regiment.

Q: What was going on at that time in front?

A: We were fighting the enemy on the Big Blue.

Q: Under whom were our forces fighting?

A: Col. Winslow.

Q: How far was the regiment from the front?

A: Do you mean the rear of it?

R: Yes.

A: I should think it was two miles, or it must have been further. It is difficult for me to judge the distance for I was driving up stragglers and cannot form a correct estimate.

Q: Did you have any conversation with Col. McFerran at that time?

A: I had never seen Col. McFerran before, but he was pointed out to me, and I rode up to him and asked him if that was his name. He said it was. I asked him if Lieut. Col. Lazear was present. He said he was. I asked him if he would be kind enough to call him. He did so and I directed Lieut. Col. Lazear to take charge of the regiment, and placed Col. McFerran under arrest.

Q: Did I understand you to say that the men were dismounted and were feeding?

A: Yes sir, and some of the horses, were unsaddled.

Q: Do you know when they had had an opportunity of feeding their horses before?

A: they had been laying there all night.

Q: What time of day was this?

A: Some time after daybreak? I could not state the exact hour.

Q: Do you know what were the particular orders of that Brigade at that time?

A: I do.

Q: State what the orders were.

(15)

A: The orders to that Brigade were to keep close on Col. Winslow and at daybreak relieve his brigade and push the enemy across the Big Blue, or to push them vigorously, I don’t recollect which expression was used. I think that was the purport of the order.

Q: Was it a written or verbal order?

A: Both, the order was sent out in the night in writing, and in the morning it was sent verbally, by an aide-de-camp.

Q: Did you see the written order?

A: I either wrote it myself or dictated it. I am not certain which.

Q: is this I now hand you, substantially the order?

(Appended hereto and marked B).

A: Yes.

(16)

Q: do you know of your own knowledge what time this order was issued?

A: I think it was between twelve and two o’clock at night.

Q: What time was it served on the Brigades?

A: Immediately – as soon as it was written.

Q: Do you know where the balance of general Brown’s Brigade was at the time you put Col. Mcferran under arrest?

A: I think it was on the road in advance of McFerran’s Regiment. I do not think any of it was in their rear, thought there may have been, I am not positive.

Q: How far in advance?

A: I could not state the distance. There may have been a gap between them and McFerran’s regiment. I could not state positively.

Q: Can you state whether Genl. Brown’s Brigade or any part of it was in motion at that time?

A: I do not think it was.

Q: State distance from the Big Blue to Little (17) Santa Fe and the distance from where that Oder was issued the Little Santa Fe.

A: I could not.

Q: Could not give idea?

A: I could not give a correct idea. I was riding backward and forward all the time.

Q: What was the position of the forces under Curtis as to the forces under Genl. Pleasanton.

A: They were north and west of us.

Q: How far from Genl. Pleasanton?

A: I do not know the distance between Independence and Westport.

Q: Did you hear the sound of battle on the morning of the 23rd of October?

A: Yes sir.

Q: What time?

A: During the whole morning, at different times.

Q: I mean what time did it commence?

A: I think directly after daybreak. They might have been fighting before daybreak, but I think it was directly after.

(18)

Q: Did you state the distance from where you placed Col. McFerran under arrest to the Big Blue?

A: I did not.

Q: What is the distance as near as you can Judge?

A: It was about two or three miles I should judge, though I can give no accurate estimate of it.

CROSS EXAMINATION By Col. McFerran the Accused.

Q: Who was the officer commanding tha part of Col. McFerran’s regiment which you saw eating breakfast?

A: I do not know. I asked his name, but I do not recollect it.

Q: What was his rank?

A: I think one or two of the officers there were captains. They may all have been so.

Q: Was it not Captain Peevy.

A: I do not recollect the name.

Q: When you asked by whose order they were there, did he not say by the orders of his superior (19) officer?

A: He did not use the word order. He said by permission of Col. McFerran.

Q: Aare you certain he used the words, by permission of Col. McFerran?

A: Yes sir.

Q: How far was the detachment which was eating breakfast from where you found Col. McFerran?

A: Yes sir.

Q: How far was the detachment which was eating breakfast from where you found Col. McFerran?

A: I cannot give a correct estimate of the distance, as I was during up stragglers, but there was a considerable gap between this detachment and the rest of the regiment.

Q: Were all the troops between this detachment and where you found Col. McFerran’s men belonging to his regiment, or were portions of other regiments intervening?

A: I did not make the inquiry, but I think not.

Q: When you say that the rear of Col. McFerran’s regiment was two miles from the front, do you not mean that detachment you spoke of as eating breakfast, were that far in the rear?

(20)

A: I speak of the condition of that brigade.

Q: Do you not refer to the detachment which was eating breakfast?

A: Yes, to those squadrons.

Q: That you say, was sometime after daybreak?

A: Yes sir.

Q: Had the sun risen?

A: I think it had.

Q: Had it resin long?

A: I could not tell.

Q: That general order No. 3 – do you know it had been published in Genl. Brown’s Brigade?

A: I know that it was sent to his brigade. I don’t know that he had published it to his subordinate commanders.

Q: When was the Brigade furnished with it?

A: It might have been sent on the night of the 21st or morning of the 22nd of October?

Q: When was his brigade at Lexington?

A: On the afternoon of the 21st, I think.

(21)

Q: Do you know what Col. McFerran’s regiment was doing on the 22nd of October?

A: I do not.

Q: Did you know it had been engaged with the enemy beyond Independence on the 22nd until their ammunition gave out and they were relieved by Col. Winslow’s Brigade?

A: I did not.

Q: At what time did you reach Independence?

A: It was in the afternoon of the 22nd?

Q: Can you indicate the hour more particularly?

A: No sir, it might have been two or three o’clock.

Q: When did you leave Independence?

A: We remained there probably two hours and then went down the road towards the Big Blue.

Q: You spoke of the order which was issued on the night of the 22nd between 12 and 2 o’clock. Was that issued at Independence or on the road?

A: On the road, beyond Independence. At (22) the time the order was issued to General Brown’s brigade was lying along side of the road.

Q: When you say it was sent to the different Brigades, you mean to the Brigade commanders?

A: Yes sir?

Q: Who delivered it verbally in the morning?

A: Captain Yates, ADC, was sent first, and I think another officer was sent afterwards.

Q: What hour was Capt. Yates sent.

A: About daybreak or shortly after.

Q: Then when you say it was delivered orally, you mean these officers were ordered to deliver it.

A: Yes sir.

Q: Not that you heard them deliver it?

A: No sir.

Q: When you found Col. McFerran how large a portion of his regiment was he at the head of how many companies?

A: I could not state. I should judge it was a very small portion, probably two or three hundred men – probably less.

(22)

Q: Was Col. McFerran on Horseback?

A: No sir, he was dismounted.

Q: Those officers you speak of, who were in command of the part breakfasting – you think one or two were captains?

A: Yes sir.

Q: the remarks you made there was in the presence of more than one commissioned officer of the regiment?

A: No at any one time. The squadrons were scattered out in different places along the road.

Q: Did all of them of whom you made the inquiry, reply that they were there by permission of Col. McFerran?

A: Two of them did.

Q: And the other?

A: I do not recall.

Q: Where were your headquarters that night?

A: In a small outhouse alongside the road. I could not give the exact locality.

Q: How far from this breakfasting part?

A: I could not tell the distance.

Q: In the rear or advance of it?

A: In advance.

Q: I would like to have you sayit you can form an estimate how far Col. McFerran found in advance of this breakfasting party?

A: I could not tell.

Q: Might it not have been as much as a mile.

A: I could not tell. I could form no correct estimate as I was driving up stragglers, and his regiment was straggling very much.