Q: They were about half a mile in the rear?

A: Yes sir.

Q: What time was this?

A: About half an hour after day light.

Q: Where were the wagons?

A: In a grove on the left had side of the road leading west from Independence.

Q: Do you know of a lane there in which par of the regiment lay?

A: I believe it was in a lane where all the regiment lay.

Q: Were the wagons in the lane?

A: No, in a grove.

Q: How far from the road?

A: About 30 yards.

Q: How far was the point where you stayed all night from Independence?

A: About 4 miles.

Q: How far was the point where you stayed all night from Independence?

A: about 4 miles.

Q: The day before how severe was that (66) engagement prior to the coming up of the artillery which Genl. Brown sent forward?

A: It was a heavy engagement of musketry.

Q: How many men did you lose?

A: I got no report of the casualties, but I believe we lost four (4) or (5) killed and fifteen (15) or twenty (20) wounded.

Q: During the day?

A: That was our only engagement.

Q: After the artillery came up you still were engaged?

A: Yes.

Q: When was the firing heaviest, before or after the artillery came up?

A: Before.

Q: you can’t say whether the regiment was deployed as skirmishers, or were in line of battle?

A: When the artillery was brought up they were in single line of battle. After that I don’t know whether they were deployed or not.

Q: Where was Col. McFerran’s position?

(67)

A: On the left of the road at one time and in the road at one time.

Q: When the reinforcements came up, how far was the line of the regiment in advance of his position?

A: I believe about 300 or 400 yards.

Q: At any time before that was he farther than that in the rear of the line?

A: No sir.

Q: What was his position in reference to the line; was he behind the center?

A: I believe two battalions were on the left of the road and one on the right. Capt. Burn’s and Major Neil were on the left and Major Meullen on the right, in advance. At that time Col. McFerran was on the left of the road in advance of where the regiment was wheeled into line, nearly in the rear of the center.

Q: When the horses were moved back where did Col. McFerran go?

A: He remained where he was.

Q: You say you think at no time before re-enforcements came up was he more than three or (68) four hundred yards in the rear?

A: At no time did he advance farther than where the regiment dismounted.

Q: When the reinforcements came up he moved his position to near the artillery?

A: Yes.

Q: How far was that from the line of the regiment?

A: By the time the artillery came up the regiment had advanced 400 yards. It had moved across a field and drove the enemy from his skirmish line. The artillery was put in position just about where the enemy was where it commenced to move.

Q: Did Col. McFerran go with the artillery?

A: A part of the 7th M. S. M.

Q: That was put in or your left?

A: No that regiment was ordered formed to support the artillery. One battalion had been previously moved and Col. Phillips came to the support of the artillery with the balance of it.

(69)

Q: You say you saw Col. McFerran behind a tree?

A: Yes, but I could not say he did it to deter himself.

Q: Was there any indication that he was there through any undue fear of personal harm?

A: Not that I could see.

Q: How long did the engagement last before the artillery was put in action?

A: I presume 25 or 30 minutes.

Q: what was the position occupied by Col. McFerran in reference to the engagement. Was he able to see it?

A: He could not see it from where he was?

Q: How long did the engagement last before the artillery was put in action?

A: I presume 25 or 30 minutes.

Q: What was the position occupied by Col. Mcferran in reference to the engagement, was he able to see it?

A: He could not see it from where he was.

Q: No portion of it?

A: No.

Q: Could he see the enemy?

A: No.

Q: Could he see the evolutions of the enemy?

A: No, there was a position about 100 yards in front where you could see it, but not where he was at that point in time.

(70)

Q: Did you continue fighting until you reached Rock Creek?

A: I can’t say they continued fighting, but when we came up with the horses they wre on the west side of that Creek.

Q: That was where Col. Winslow took the advance?

A: It was where the artillery was brought into action, eact of Rocky Creek.

Q: How far from where Col. McFerran’s men dismounted did they come into action?

A: They were fired on before they dismounted.

Q: As soon as they were dismounted they were thrown into line and commenced fighting?

A: Yes.

Q: You said that forage detail was 20 men?

A: I believe it was.

Q: You spoke of going back for the wagons?

A: Yes.

Q: Where were these 20 men then?

A: I there learned that they had gone forward to the regiment.

(71)

Q: You do not know that these 20 men formed a part of the original in the lane?

A: I do not.

By the Judge Advocate

Q: You say it was between 7 and 8 o’clock when Col. McFerran was arrested?

A: I believe it was.

Q: what did you judge by?

A: The length of time we had been up.

Q: How long were you up?

A: Probably three hours.

Q: You are not positive as to the time.

A: No.

By the Court

Q: How long after the regiment was brought into action did Col. McFerran give the order for Maj. Mullen to wheel to the left and press into the woods.

A: Twenty or thirty minutes.

(72)

Q: Could he see the regiment?

A: I was with him at the time, and I could not see it.

Q: How did he know there were woods there?

A: He could see the woods but not the men.

Q: Do you know why he gave that order?

A: I do not. I suppose it was because of the heavy firing on our left, and he supposed the enemy was moving to our left.

Q: You don’t know how he got his information further than you have stated.

A: No sir.

The Witness then retired.

Major General Alfred Pleasanton U. S. V. commanding district of St. Louis, a witness on the part of the prosecution was duly sworn in presence of the accused and examined.

By the Judge Advocate

(73)

Q: To what duty were you assigned in the early part of October 1864?

A: In the first part of the month I was assigned to duty here to relieve Genl. Blair in the District of St. Louis.

Q: what time were you ordered to Jefferson City?

A: About the 6th or 7th, I was ordered to take command of all the troops in that neighborhood and operate against Prices army. When Genl. Rosecrans came to Jefferson City, about the 15th, I was assigned to the command of what was called the provisional Cavalry Division, formed of all the cavalry in the state and Col. Winslow’s brigade from down the river.

Q: Who were your brigade commanders?

A: We were formed into four brigades, the 1st under Genl. Brown, the 2nd under Genl. McNeil, the 3rd under Genl. And the 4th under Col. Winslow.

Q: State the line of march from Jefferson City to Sedalia or Lexington.

A: Genl. Sanborn was in command of the troops. I did not have the full command under my direction until we got to (74) Independence. All four brigades did not get together until we got there.

Q: Do you know the regiment in General Brown’s Brigade?

A: I could not tell rolls. I think there were the 1st and 7th M. S. M. It was a command therein under me for the first time, the troops were all strangers to me, and I had to defend a great deal of my brigade commanders for the action of the troops.

Q: Examine the paper numbered C and state if you ever saw it before?

A: I don’t remember, Genl. Sanborn may have sent one to my headquarters, but I don’t remember it.

Q: Examine this order No. 3, marked A: and state if you issued it.

A: I believe that is the order I had published, my staff officer can tell whether it is a correct copy.

Q: What were your instructions, written as well as verbal, in regard to foraging on the 21st October, 1864.

A: I don’t know what I had any special (75) instructions, except that when an officer took forage he should give a proper receipt for it.

Q: I mean in regard to details for foraging?

A: Each brigade commander was supposed to attend to that matter, and see that officers gave ree3ipts in the proper manner in accordance with orders from the war department.

Q: What time did the fighting commenced at Independence, and what portion of the enemy was engaged with our forces?

A: they had a rear guard there of about 500 men and three pieces of artillery, at the commencement on the Little Blue.

Q: At what time of day were our forces engaged with the enemy?

A: It commenced about 11 o’clock a.m. I know it was just after we crossed the Little Blue that they opened on us, and that was kept up until we got to Independence. Beyond Independence they had a heavier force for the rearguard to fall back on. I got to Independence about half past two or three o’clock in the day.

(76)

Q: Do you know the distance between Independence and the Big Blue?

A: I judge where I supposed it is about twelve miles. I traveled part of it in the afternoon, part in the night and part the next morning.

Q: Do you recollect the date you were at Independence?

A: Yes.

Q: what was it ?

A: On the 22nd of October, 1864.

Q: Did you see Col. McFerran on that day?

A: I don’t remember. If I had seen him I should not have known him.

Q: Did you see him at day time between Independence and the Big Blue.

A: I don’t remember that I did.

Q: Did you see his regiment?

A: Yes.

Q: On the 22nd?

A: on the morning of the 23rd. I may have passed a portion of it on the 22nd, but I did not notice it. I could not have said (77) t was his regiment or any other, but I notice it on the 23rd.

Q: What were the dispositions of the enemy at the time you saw his regiment on the 23rd?

A: they were making a stand on the Big Blue, where Genl. Curtis had prepared to resist their forces. Col. Winslow had been fighting all night to push them to the big Blue. I had ordered Genl. Brown’s Brigade to attack at daylight positively. After day light I started for the front, and came to where part of a regiment – I suppose two or three squadrons were straggling and in disorder. I asked what regiment it was, and they said that 1st M. S. M. I knew it was in the brigade which was to attack at daylight. In moving along I found the whole regiment was not in a fit condition for a fight and gave an order to put Col. Mcferran under arrest. The regiment extended two or three miles.

Q: What commander was engaging the enemy when you came to the front?

A: There was no engagement going on. I saw Genl. Brown and Col. Winslow. Genl. Brown had not engaged the enemy and the attempts (78) he was making were so very feeble that I ordered Col. Winslow to move forward, and arrested Genl. Brown and put Col. Phillips in command of his brigade. The fight ought to have been commenced two or three hours before. The brigade was in no condition to fighting it was not closed up, and if the enemy had known its position it could have been defeated.

Q: Can you state the time you ordered Col. McFerran under arrest?

A: I judge it was some where about 7 o’clock. I had started after daylight and had ridden three miles at least. I had made general stoppages to close up the troops and send them to the front. That regiment I speak of was all going to the rear forage or something else.

Q: You did not examine our time piece?

A: No sir.

Q: you may be mistaken about the time?

A: I refer to the time after daylight, and judge it was about that time.

Q: Describe the ford on the Big Blue at which the battle took place on the 23rd?

A: It is the ford where the road crosses (79) it is a wooded country on this side and the road was a good deal, and Genl. Curtis had cut down a good deal of timber on the other side, and it was difficult to get up and it was for that reason that I wanted the attack made early, because we could have driven the enemy easier at daylight than after.

Q: How far were Genl. Curtis forces from where you were?

A: It is the distance from Westport to that ford. I suppose about 10 miles, maybe more.

Q: Did you hear the sound of battle on that morning?

A: I could hear the enemy’s artillery in their attack on Genl. Curtis. They made their attack on him very early; before I was ready to attack on the Big Blue.

Q: did you not see Col. McFerran’s regiment in action on the 22nd?

A: I did not.

Q: Did you see Col. Mcferran on the 23rd when his command was straggling as you have described?

(80)

A: I don’t think I did. I did not know him personally.

Q: State more particularly the condition of Col. McFerran’s command or the 23rd in regard to straggling?

A: The troops were very much scattered over the country. Some were on the right of the road some of them o n the left, some were going for forage; some were going in small parties of 8 or 10, and some were cooking. There was no order or regularity. If any attack had been made they could not defend themselves. I wanted a fresh command to relieve Col. Winslow who had been fighting all night.

Cross Examination by the Accused

Q: What troops were in advance of Col. McFerran’s Regiment on the 23rd?

A: Part of Genl. Brown’s Brigade and the whole of Col. Winslow’s Brigade.

Q: Genl. Brown was himself in advance?

A: Yes.

(81)

Q: How far was this regiment from Independence at the time you passed it?

A: I suppose about 9 miles from Independence and 3 from the Big Blue taking it that it is 12 miles from Independence to the Big Blue.

Q: At what ford on the Big Blue did you cross?

A: Byram’s Ford, I think they called it. The same where Genl. Curtis and Genl. Price had crossed.

Q: do you know whether there was any Col. McFerran’s regiment was on the morning of the 23rd?

A: These troops I speak of, I stopped and asked them to what they belonged and they said they were of the 1st M. S. M., and my own staff officers told me. I traveled some distance, seeing there squads and they all said they belonged to the 1st M. S. M. I passed other regiments, but I am speaking of this particular regiment. What attracted my attention to it was seeing so many coming to the rear. I thought perhaps something had gone wrong in front.

Q: Was any portion of the Brigade in the rear (82) of this regiment, or were they in front of it?

A: I think if front.

Q: And the Brigade commander was in front?

A: Yes, this regiment must have been at last two miles or more in the rear of where I met the troops that were in front, there was the space between them.

Q: You are satisfied there was no other regiment within two miles in front of this.

A: There were other troops, but it was two miles in the rear of the front of its brigade. Some of Col. Winslow’s troops were in believe the whole of Col. Winslow’s troops were between Genl. Brown’s front and that regiment.

Q: Can you state where Capt. Thurber’s battery on the night of the 22nd or morning of the 23rd?

A: I do not exactly know its position.

Q: How far was it from Col. McFerran’s regiment?

A: I could not tell.

Q: Do you know whether it was in the rear of his regiment or not?

(83)

A: Think it was but cannot say positively.

Q: you state you rode about three miles before you passed that regiment, did you not stay in the neighborhood of Thurber’s battery?

A: I did not state I rode three miles. I said I rode about three miles before I got to the front, and I judge that regiment was about two miles from the front.

Q: Had that regiment been in a fight the day before?

A: It was skirmishing, that was all; the hardest work had been done by Col. Winslow in the night.

Q: Had Genl. Brown’s Brigade done any fighting the day before?

A: They d some skirmishing the day before.

Q: Genl. Brown’s Brigade was about 9 miles from Independence?

A: Col. Winslow had the advance. When I passed Genl. Brown the night before I don’t suppose he was more than six miles from Independence.

Q: Did he go any farther that night?

A: When I came up to him he commenced making complaints and I at once put Col.winslow in the advance.

(84)

Q: Do you know how long the firing continued that night?

A: I heard it till after 12 I think. I can’t give the exact hour, because I did not look at my watch.

Q: Was Col. McFerran’s regiment if front of where you were on the night of the 22nd?

A: Yes. Genl. Brown got his orders during the night to go to the front and attack at daylight, without fail: to have his whole brigade in front. I don’t know whether his brigade was in front or rear of me during the night, but I passed it in the morning on my way to the front.

Q: Did it take any part in the fight during the night?

A: None that I had heard.

Q: You heard firing until about 12 o’clock that night?

A: Yes, and that was by Col. Winslow’s Brigade, I put it in myself, and I received reports from him of the fighting during the night, and did not receive the reports from Genl. Brown was not there (85) and his troops did not pass by headquarters during the night.

By the Court

Q: How far did you stay in the rear of where you passed col. McFerran’s regiment next morning?

A: I don’t think it was more than a fourth or half a mile after I started till I met his people. I stayed where Col. Winslow opened fire the night before. A heavy shower of bullets came about where I was, and I asked what command was there. I was told Col. Winslow’s. I ordered him in and his men went in with a hurrah. He dismounted one regiment and pushed the enemy away from us, and that kind of fighting was kept up all night. But it was about one fourth of a mile from where I slept to where I met these men. There were several men passed me before I took any notice of it. Here were always a good many men going to the rear and I made a liberal allowance, but there were so many of these that I asked who they were, and sent my staff officers to bring them up.

Q: How long a space in the road did this regiment occupy: that is those who nwere dismounting along the road side?

(86)

A: I suppose I met them there for over a mile.

Q: Dismounted?

A: In every way. Some were cooking, some were feeding them horses, and some were gone after forage.

Q: Did you see the wagons of the regiment?

A: I may have seen a few, but nothing that indicate a train.

Q: Was Col. McFerran dismounted when you came to the front of the regiment?

A: I don’t know.

Q: Was there any regiment immediately in front of his at that time?

A: I could not tell you because I was going very rapidly at the time, saw this irregularity and stopped only long enough to correct it.

Q: You spoke of there being a space of two miles?

A: Yes from where I first saw this regiment to the front.

Q: were there troops all along?

A: No there was a space between these people at their rear and the head of the regiment.

(87)

Q: How much space?

A: I suppose a mile or a mile and a half or more.

Q: You can’t say positively that the 1st was in the rear of that space or not?

A: It was the only regiment I saw acting that way.

Q: You can’t say there was no other regiment in the rear of that space?

A: No sir.

Q: Did you see any saddles off?

A: I could not say.

The Witness then Retired

The court then adjourned till Tuesday Nov. 29th at 10 ½ a.m.