Q: You say in front fighting with Genl. Price was the command of Col. Winslow?

A: Yes.

Q: You say in front fighting with Genl. Price was the command of Col. Winslow?

A: Yes.

Q: You say in front fighting with Genl. Price was the command of Col. Winslow?

A: Yes.

Q: Was not Col. McFerran, when you found him, in advance of where Col. Winslow was?

A: No sir.

Q: Was fighting actually going on at the time of this arrest or was it after?

A: There was fighting all night.

Q: Was desultory picket firing or was it a (25) brisk fusillade?

A: There was a brisk fire at times all night – it was skirmish firing.

Q: Was it not after Col. McFerran’s arrest that the firing became brisk?

A: The heavy firing command after that.

Q: Was it occasional firing or continual?

A: It was skirmish firing.

Q: I wish to draw your attention to the language of the question, to know whether it was continual firing or desultory – dropping off at times?

A: It was continual skirmishing firing, as is usual on a skirmish line. At times it was heavier than at others, of course.

Q: Do you know where Capt. Thurber’s battery of the 2n Mo. Artillery bivouacked that night?

A: On the road in the rear of Gen. Brown’s Brigade.

Q: How far in the rear of where you found Col. McFerran?

A: I could not state the distance.

Q: Can you not approximate it.

A: No sir.

(26)

Q: How long after the arrest of Col. McFerran commence at the Big Blue?

A: Probably half an hour.

Q: Do you know whether, when the fighting did commence, the first M. S. M. Cavalry was up in time to take part in the fight.

A: It was engaged in the fight. They were not in the first firing as they were on the rear of the Brigade.

Q: You know nothing of them being engaged before?

A: Nothing particular.

Q: Do you know anything about it?

A: No sir.

Q: And did not know that Genl. Brown’s Brigade had been engaged on the evening of the 22nd?

A: No sir, I did not. I know that Genl. Brown’s Brigade was ordered to the front, but when we got there Col. Winslow was at the front, and not Genl. Brown.

Q: Was it not nearly or perhaps quite dark when you left Independence?

(27)

A: Do sir, I did not. I know that Genl. Brown’s Brigade was ordered to the front, but when we got there Col. Winslow was at the front, and not Genl. Brown.

Q: That would bring it about sunset?

A: It was before sunset.

Q: Very little before?

A: What was the character of the road and country between Independence and the Big Blue?

Q: the country was very much broken was it not?

A: Yes.

Q: this command, which was eating breakfast, was in a lane was it not?

A: It was in the road.

Q: Was not the road at that point a lane with a fence on each side of it?

A: There might have been, both it was thrown down, for I rode over it. There may have been portions of the fence standing. They were on the road and alongside of it.

(28)

RE-EXAMNIATION BY THE JUDGE ADVOCATE

Q: Taking into consideration the surrounding circumstances, the proximity of the two armies, and the nature of the country, what is your opinion as a military man, as to whether Col. McFerran’s regiment, at the time he was put under arrest, was in a condition to engage the enemy?

A: It was not in a condition to engage the enemy, in my opinion.

BY THE COURT

Q: What ford of the Big Blue was General Pleasanton’s command approaching?

A: I do not know the name of it.

Q: Was it advancing on the road leading from Independence to Westport, or on the road leading from Independence to southwest.

A: I cannot answer. I never was over the road before or since. I know that after we got across the Blue and up on the prairie. Westport was to our right

(29)

Q: Did you hear the name of the ford?

A: I don’t think I did.

Q: At the time you put Col. McFerran under arrest was the skirmishing going on any heavier than it had been?

A: I should judge not. I think it was about the same. It was lighter than it had been during the early part of the night. We had had some heavy firing in the fore part of the night, so much so that the command fired volleys.

Q: do you know where General Brown was at that time.

A: He was farther in front.

Q: did you pass on to the front?

A: Yes sir.

Q: Clear to the front?

A: Yes.

Q: Was Col. Winslow’s Brigade in motion when you reached the front.

A: Yes.

Q: Was Col. Winslow’s Brigade in motion when you reached the front.

A: I don’t think it was. I think they were about stationary.

(30)

Q: Were the men mounted?

A: No sir, they had been fighting dismounted all night.

Q: Were they in any different condition from Col. McFerran’s regiment?

A: They were deployed as skirmishes and Col. McFerran’s men were standing in the road.

Q: Was Col. Winslow’s Brigade all deployed as skirmishers?

A: I think so. There might have been a regiment or so that was not, but I think all were.

Q: What was the condition of the other regiments of Genl. Brown’s Brigade?

A: I did not see anything out of the way with them.

Q: Were they mounted?

A: When I go to the front, I think some were dismounted.

Q: they were stationary?

A: Yes.

Q: There were two Brigades there between Col. McFerran’s Regiment and the front?

(31)

A: There was Col. Winslow’s and the remainder of Genl. Brown’s.

Q: You speak of Genl. Curtis being engaged with the enemy at the time you arrested Col. McFerran. Did you hear their firing.

A: I think I heard it shortly after. I may have heard it before, but I have no recollection of it.

Q: At what distance was it?

A: I could not tell.

Q: What distance was the enemy from our advance at the Blue when you reached the front?

A: Probably three or four hundred yards.

Q: Was there any way between our advance and the Blue?

A: I think there were some skirmishers.

Q: How long after Capt. Yates went with the verbal message did you arrest Col. McFerran.

A: Probably a half or three-fourths of an hour.

Q: How much of Col. Winslow’s command were in column as you passed to the front?

(32)

A: I don’t think there was any of it.

Q: I understood you to say there might have been one regiment in column.

A: It might have been, but I think the whole command was deployed.

Q: How far was Genl. Brown in advance of Col. McFerran?

A; I could not tell the distance. I rode along sometimes in the brush and some times in the road and cannot form no correct estimate.

Q: How many regiments in Genl. Brown’s Brigade?

A: Four or five I think.

RE-CROSS EXAMINATION BY Col. McFerran, the ACCUSED

Q: you stated that in your judgment Col. McFerran’s regiment at the time you arrested him, was not in a condition to fight. Why do you say so?

A: Some of the men were dismounted and some (33) of the horses were unsaddled, the regiment was straggling. Some of the men were sitting down and others were lying down.

Q: That portion in the lane were in this condition?

A: Yes.

Q: None of those in the vicinity of Col. McFerran were so were they?

A: I could not say. I spoke of the regiment, not a portion of it.

Q: Your remark is applicable to no other part of his regiment than that portion in the lane eating breakfast?

A: It applies to the whole regiment.

Q: Was not that unfitness for action of which you have spoken applicable to that portion of the regiment you saw in the lane eating breakfast only.

A: No sir. It is my impression that the whole regiment was in an unfit condition to engage the enemy.

Q: In what respect was that part of the regiment in the immediate vicinity of Col. McFerran unfit to engage the enemy?

A: The men were scattered they were not in (34) column some were dismounted and some were away from their horses.

The Witness then retired.

First Lieutenant Thos. Doyle, Company K, 13th Missouri Cavalry Volunteers, a witness on the part of the prosecution was duly sworn in presence of the accused and examined.

By the Judge Advocate

Q: What was your position in the 1st M. S. M. Cavalry before you went into the 13th.

A: I was 1st Lieut. and Adjutant of the regiment.

Q: This is the regiment of which Col. McFerran is Colonel?

A: Yes.

Q: Were you with that regiment on the 22nd day of October last?

A: Yes sir, I was with it at the battle of Independence and at the battle which occurred just west of Independence.

(35)

Q: In whose brigade were you?

A: General Brown’s.

Q What was your position in the Brigade?

A: It was the advance regiment.

Q: State particularly what part that regiment took in the battle on the 22nd day of October, 1864, and who was your commanding officer?

A: On that day when we reached Independence our regiment was brought to the front. I believe the whole brigade passed Independence, and immediately outside of town we were ordered to advance. One battalion under Major Mueller was ordered to take the advance. He led so and forward immediately west of Independence a short distance. As soon as the advance was formed, Maj. Mueller ordered his battalion to dismount and fight in front. I went to the front to order his men to held the rebels in check, and then I turned back the balance of the regiment was thrown forward into action, I came back and reported to Col. McFerran and remained with him He sent me forward to examine the enemy’s position. I came back and reported that the enemy was massing on our left. He told (36) me to report it to Genl. Brown, and I did so. A short time the fire got to be very heavy, and I went back and asked Genl. Brown for more cavalry. He ordered me to bring the horses back out of range of the fire, and I did so. About this time he sent down some of the 4th M. S. M. under Major Kelly, with orders to move in on the left of the 1st. I went down with the 4th and showed them where to come in I went back and told Col. McFerran that a section of artillery would do good. He told me to ask for it of Genl. Brown, and I did o. But a short time elapsed before a section was brought. The officer asked where the position for it was. After the fighting was over col. Winslow’s Brigade was moved forward. We brought up the horses to the men who were about a mile and a half in advance of the houses. From that time until the next morning I don’t recollect to have received an order. We moved to the rear of the Brigade. Two regiments were ahead of us. We remained there all night holding the horses, and the men were cold and some of them dismounted (37) and built fires.
Q: When your whole regiment was thrown forward into battle were they thrown in as skirmishers, or in line of battle?
A: It was a single line of battle. I don’t remember whether. Lt.Col. Lazear deployed them as skirmishers or not.
Q: You say the whole regiment was dismounted, where was Col. McFerran at the time the regiment dismounted and went into action.
A: He was with the men of the regiment at the time they moved forward he remained back with the horses, with his staff and body guard and stayed until Genl. Brown moved up with the artillery.
Q: You say he stayed with the horses?
A: Not immediately with them, but where the men were dismounted.
Q: Did you see Col. McFerran holding any houses himself?
A: No sir.
Q: When you were going back and forth to col. McFerran, what was his conduct?

(38)
A: He received the reports I have him and ordered me to transmit them to General Brown. I did not notice anything particular in his conduct but that he was as cool and easy as the balance.
Q: Was the position he occupied under fire?

A: The men dismounted wee two or three hundred yards in front.

Q: Did you see any one screening themselves behind tree?

A: I did not particularly; the trees were very thick about there.

Q: Describe the place where Col. McFerran was standing.

A: It was after Lieut. Mullen was shot and I was coming back from asking for a section of artillery.

(39)

Q: How long had the regiment been in action then?

A: Yes sir that is my recollection.

Q: Did you at anytime see Col. McFerran in action with the regiment on that day?

A: I believe not sir. That is not immediately on the line the regiment was fighting on.

Q: How close to the line did you see him?

A: Probably from two hundred to five hundred yards.

Q: I will call your attention to the 23rd and ask you if you know the position of Col. Mcferran’s regiment at day break on that morning?

A: I believe we were in the rear of the 13th Cavalry, in the road, dismounted and holding the horses at daybreak.

Q: Did you notice any straggling?

A: I did not. I was at the head of the regiment with Col. McFerran at the time and did not notice any straggling (40) that morning until after daylight when some of the men got permission to go after forage. They had been standing there all night with the forage about three-fourths of a mile in the rear and some of the men got permission to get some and free their horses.

Q: Do you know the time Col. McFerran was put under arrest by Col. Cole?

A: yes sir.

Q: had you remained stationary from daybreak until that time?

A: The head of the regiment had at the rear some of the men from the different companies and squadrons had gone for forage.

Q: What proportion of the men had gone for forage?

A: A part of each squadron. Some of them went on foot, and some rode their horses.

Q: How far back was the forage?

A: I did not see it myself, but I sent my service for some, and he reported that it was from a half to three-fourths of a mile.

(41)

Q: Do you know of a general order issued at Lexington in regard to roll call and straggling.

A: The recollection I have of that order was that on the morning that we moved from the Sni General Brown told me to give his compliments to Col. McFerran and tell him to report to him in person. We rode on and overtook Genl. Brown and he then communicated the substance of that order to Col. McFerran. I had not seen or heard of it before. He also gave instructions about straggling and watering that we should not water until water call was sounded, and then to water each squadron together.

Q: What was the condition of the right of the column you speak of?

A: We were rather irregular, I suppose, for the reason that the men were very weary and some of them had laid down under their horses feet. The regiment was wheeled to the left and was not regularly in line.

Q: Had you seen the ground the regiment was scattered over?

(42)

A: I cannot because I did not see the left of the regiment.

Q: Did you notice any disorder on the part of the troops of the regiment?

A: No sir, unless you would say the men going back after forage was disorder.

Q: Did you see any horses unsaddled?

A: No sir, unless you would say the men going back after forage was disorder.

Q: Did you see any horses unsaddled?

A: Not to my knowledge.

Q: Who commanded the regiment in front when Col. McFerran was in the rear on the 22nd?

A: No sir, unless you would say the men going back after forage was disorder.

Q: Did you see any horses unsaddled?

A: Not to my knowledge.

Q: Who commanded the regiment in front when Col. McFerran was in the rear on the 22nd?

A: Lt. Col. Lazear, Major Mullen and Major Hill were all in the advance.

Q: Did I understand you to state that ol. Mcferran gave you orders to take to the officers of the regiment while engaged in the front?

A: No sir.

Q: you received no orders to take the front while they were engaged?

A: At one time he ordered me to send for food and drink, to Maj. Mullens with these instructions and he swung his battalion around to the left. This was a minute or two before the artillery came up.

Q: Do you know the distance between the two armies at the time of the battle on the 22nd?

A: At one time there was a distance of 500 yards and at another there were not more than 200 yards between them. Our regiment charged across a field and drove them from their picket line.

Q: Do you know who led that charge?

A: I do not.

Q: Do you know that the field officers were in that charge?

A: I have reason to believe they were.

Q: Who gave the order for the charge?

A: I do not know.

Q: Do you know where Col. McFerran was at the time that charge was made.

A: To the best of my recollection that charge (44) was made before Genl. Brown came with the artillery, and at that time Col. McFerran was where the regiment was halted dismounted.

The Court thereupon adjourned until eleven o’clock, a.m. the 28th day of November A. D., 1864.