St. Louis, Mo.

Nov. 29th, 1864, 10 ½ a. m.

The Court met pursuant to adjournment

Present the same members as at the last session. The judge advocate, the accused and his counsel were also present.

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

Lieut. Co. B. F. Lazear, 1st Cavalry M. S. M., a witness on the part of the prosecution was duly sworn in presence of the accused, and examined.

By the Judge Advocate

Q: Where was your regiment on the 22nd day of October, 1864?

A: On the morning of the 22nd, we3 were on the Sni-a-bar near Wellington, Mo., and marched from there to Independence, Mo.

(89)

Q: Was your regiment in action on the 22nd?

A: Yes, sir, in the evening.

Q: State all about it when it was, how it was thrown into action, and by whom it was commanded?

A: to the best of my recollection, about half past two we passed through Independence. We moved up there pretty rapidly; we were marching in the rear of the Brigade. At Independence our Brigade was ordered to the front, and my regiment was ordered by Genl. Brown to take the advance, and Maj. Mullen was ordered forward with his battalion. He made but a short distance before he was fired on, and then the balance of the regiment was dismounted and put in action.

Q: When the regiment was thrown into action, did you see Col. McFerran?

A: I saw him at the time we dismounted and two or three times after.

Q: What was he doing when you saw him?

A: Twice he was back where the horses were. The third time I saw him was about sun-down after the action ceased, he came down where we had (90) been fighting. I pointed to where heavy dust was rising and told him the supposition was that the rebels were concentrating at a certain point, and said we would try and get the position first. He said we ought to have some artillery, and that he would go back and see to it. We went forward and took the position without artillery, and I did not see him again till about ten o’clock, when the led horses were brought up.

Q: Was a charge made by our regiment that day?

A: Dismounted there was.

Q: Was there a regular advance made by your regimental line?

A: Yes

Q: Who led it?

A: I don’t know who led it, I was along.

Q: Was Col. McFerran along?

A: No sir.

Q: That was on the 22nd?

A: Yes sir. When the fire commenced on Maj. Mullen’s it was very heavy, and we were afraid they would drive him back. Col. McFerran turned to me and said to me, what is to be done? I dismounted the command (91) and ordered Capt. Burris with one battalion, to the right of Maj. Mullen’s and Maj. Niell to his left. I then went to the right with Maj. Mullen’s myself. In about half an hour Maj. Niell sent word that the enemy was moving on his left and was afraid he would out-flank him. I went back to Col. McFerran to see if we could get a force to send to the relief of Maj. Niell. I found Company A laying by the horses and asked them what they were doing. They said they were ordered by Col. McFerran to stay there to guard the horses. I ordered them to go to the relief of Maj. Niell. A portion of the 4th then came up and I showed Maj. Kelly where to go. The enemy was still massing on our left, and I then went back to see if I could get some artillery, and saw Col. McFerran again. I did not see him again until after the action, when he came on the ground, and not again until 10 o’clock that night. I received no orders from anybody after we went into action.

Q: state whether you saw Col. McFerran concealed behind a tree?

A: I did not.

Q: Did you see the regiment on the 23rd?

A: I did.

(92)

Q: Did you notice any straggling?

A: I could not say as to straggling; I was in front at the time. I know that Col. McFerran had taken a great deal of pains on the march to keep up stragglers. I was in command of the regiment myself after 8 o’clock on the 23rd.

By the Accused

Q: Where was Col. McFerran after 8 o’clock on the 23rd?

A: He was under arrest.

Q: Were you with the regiment on the night of the 22nd?

A: I was.

Q: What position did the regiment occupy during the night, I mean did they make a camp?

A: No sir.

Q: where did they remain?

A: From 10 o’clock, when the boys brought up the led horses we stayed in the woods.

Q: Was the regiment ready for action in the night?

A: That would depend upon circumstances. I was at the head of the regiment all the time after we go on our horses. We (93) went about a quarter of a mile and then would stop a half or three quarters of an hour, and then move on again. We went along this way for two or three miles, and then stopped until the next morning.

Q: What time did you stop?

A: I think about midnight. I was about worn out, and don’t know much about the time: the men were all weary too, they had had no water and nothing to eat, and they would stand up as long as they could, and would drop down in a fence corner or anywhere and fall asleep, and let their horses go.

Q: How long had the men been moving before?

A: That would make it about 24 hours they had been moving?

A: Yes.

Q: How long were they in action?

A: It was about half past two when it commenced and lasted until near sun down, and then were engaged at night about an hour and a half, driving the enemy. We were then moving as a flanking force to a body of a cavalry.

(94)

Q: What force was in front of you on the night of the 22nd?

A: I am not certain whether it was the 4th or the 7th M. S. M.

Q: How far were they in front of you?

A: Their rear was directly in our front.

Q: You maintained that position after you stopped until Col. McFerran was arrested?

A: Yes.

Q: How were the men disposed along the line?

A: We stopped there in column of fours, and stood there until some of the men gathered and laid down and let their horses go. There were no orders issued, and the men stood up as long as they could, and then dropped down and went to sleep. At daylight they began to scatter out and hunt up feed, and get something to eat.

Q: We any provisions brought up in a wagon?

A: I think so.

Q: Did they go any further than the wagons to get provisions?

(95)

A: They went to the fields to get forage for their horses: they did not go to get provisions.

Q: How far did they go.

A: I don’t know.

Q: when had the horses had feed previous to that time?

A: On the night of the 21st, to amount to anything. We had a little feed on the morning of the 22nd, about 8 or 9 o’clock; that was the last till that morning, when we got some corn.

Q: Do you recollect of the ammunition wagons coming up on the morning of the 23rd?

A: Yes.

Q: at what time.

A: A short time before we moved. I think we moved about 8 or a little after; I can’t state the time exactly.

Q: Didd you move before Col. McFerran was arrested?

A: No after.

Q: How long after?

A: About half an hour. What detained us (96) was getting ammunition out of the wagons. I reported that we were out of ammunition the night before.

Q: As soon as the wagons came up then the men went to getting it?

A: Yes.

Q: Do you recollect Genl. Pleasanton passing the regiment that morning?

A: I did not see him.

Q: Did you sleep any that night?

A: I dozed a little a time or two, laying in a fence corner.

Q: Did you see any of Genl. Pleasanton’s staff that morning?

A: I don’t think I did.

Q: When Col. McFerran was with the horses at the time the regiment was in action, how far was he from the main body of the regiment?

A: Some times a quarter, and sometimes half a mile and sometimes further. The last time I was back, I suppose he was three quarters of a mile away.

Q: What was the nature of the country? Could an portion of the regiment be seen from where he was?

A: Not then: They could when we first went into action.

Q: Were you present when the artillery was brought up by Genl. Brown?

A: I heard artillery in our rear, but I did not know who was with it.

Q: Did I understand you to say you ordered company A: to go to the relief of Maj. Neil?

A: I did.

Q: Was that company of Col. McFerran’s regiment?

A: Yes.

Q: Did he give no orders?

A: I asked the Lieutenant what in hell he was there for. He said Col. McFerran had ordered him to stay and guard the horses. I told him to get up and go to the relief of Maj. Nell. I supposed he was with Capt. Burris all the time.

Q: Was Col. McFerran present when you gave that order?

A: He was very near.

Q: Did you consult him about it?

A: I did not.

(98)

Q: Where were you when Maj. Kelly reported to Col. McFerran?

A: I was coming back to where McFerran was.

Q: Do you know who gave him his orders?

A: No.

Q: did you give him any?

A: None. I showed him where our men were and where the enemy was, and then went bak to the right.

Q: Do you know when Lieut. Col. Crittenden came up?

A: No.

Q: Do you what disposition was made of his forces?

A: I think they went in to the left of Maj. Kelly but am not certain.

Q: Do you know who gave him orders?

A: I do not.

Q: Who long had their action continued when you rode back and saw Co. A with the horses?

A: From a half to three fourths of an hour.

(99)

Q: How did you ascertain Maj. Neil needed reinforcements?

A: Some one came to me and reported that the enemy was moving on his left, and he was afraid he would outflank him.

Q: What was your position at that time?

A: Near the right of the line: between the center and right.

Q: Then it was you went back tosee Col. McFerran?

A: I went back to see if any force would be sent to him, as I could not send him any from the right.

Q: Had the artillery fire commenced then?

A: No.

Q: When did it commence?

A: About the time I went back the second time: that was when I discovered where their artillery was; I did not know they had any up to that time.

Q: Where was the heaviest firing that day, with right of left or your line?

A: I could not tell there was any difference. Sometime it would be heaviest in one place and then in another.

(100)

Q: Up to what time did the firing continue on the night of the 22nd?

A: To the best of my knowledge it was from 9 to 10 o’clock.

Q: Were you in a position where you could distinctly her the firing and tell how long it continued?

A: I heard all the firing that night.

Q: At what time did Col. Winslow’s command go in advance of General Brown’s Brigade?

A: Just at dusk. That was the time we were moving as a flanking body to his command. We were ordered to get on our horses, and some officer came up, whom I did not know, and asked us if we would move on a short distance as a flanking party. I told him we were in a bad condition, as we were nearly out of ammunition. He asked me if I would remain there a few minutes, and he went away. In a short time he came back. He said General Pleasanton sent his compliments, and said if we would move on, he would send a regiment with ammunition to relieve us. He said he knew it would be done, as he heard General Brown tell Genl. Pleasanton with ammunition to relieve us . He said he knew it would be done, as he heard General Brown tell Genl. Pleasanton we were out of ammunition, and Gen. Pleasanton said he would send a fresh (101) regiment to relieve us. We moved on, but were not relieved until we were relieved by some dismounted men of Col. Winslow’s command.

Q: What time were you relieved?

A: Near 9 o’clock.

Q: How long did the firing continue after your regiment was relieved?

A: There was a little firing after we were received.

Q: Was there any more firing until morning after it ceased?

A: I don’t think there was. As to my statements of time during the night, it is all guess work, as I did not look at my watch at all.

Q: Were you at the left of the line at all during the fight on the 22nd?

A: Only when I sent to show Major Kelly where our men were, but I was within sight of the left all the time.

Q: Did I understand you to say you put the regiment into action on the 22nd?

A: I did sir.

(102)

Q: You sent one battalion to the right and one to the left?

A: Yes.

Q: Where was Col. McFerran?

A: He was present.

By the Court

Q: When Col. McFerran was arrested had the regiment immediately in your front moved?

A: My impression is it had, or was about moving. I think it had moved.

Q: Had any orders been received for your regiment to move?

A: I had heard of none.

Q: Was there any movement of your regiment up to that time?

A: No sir.

Q: You spoke of having sent word that you wanted more ammunition, who did you send it to?

A: I don’t recollect that I sent word to anybody, that is the remark I made to that officer who wanted us too soon.

Q: When did the ammunition wagons move up?

(103)

A: Next morning about 7 or 8 o’clock.

Q: You spoke of the efforts of Col. Mcferran’s efforts to prevent straggling; when do you refer to?

A: During the march, he had a rear guard detailed, under a good officer, to prevent straggling.

Q: You spoke of artillery opening in th rear of your line; how far in the rear?

A: Three or four hundred yards.

Q: Do you know where Col. McFerran was then?

A: I do not.

Q: What was the character of the action of the 22nd?

A: It was very heavy skirmishing; pretty heavy fighting some of the time.

Q: You have been in action before since have you not?

A: Yes.

Q: Were these men in action deployed as skirmishers, or in line of battle?

A: We had no line of skirmishers until (104) we moved over to take the position the enemy was forming on. I then threw out a line of skirmishers.

Q: Where were you when Col. Mcferran was just under arrest?

A: I was present, Col. Cole came up and sent some one for me. I was standing by the road eating breakfast. I went to him and gave him my name, and he ordered Col. Mcferran under arrest and told me to take command of the regiment and move forward. I told him the men were getting ammunition and as soon as they got that I would move.

Q: You were in front of the regiment?

A: Yes.

Q: Do you not know whether the regiment in front had moved?

A: My impression is they had.

Q: Could the ammunition have been distributed any sooner after the wagons came up?

A: No sir, I think not.

Q: Could the ammunition have been distributed any sooner after the wagons came up?

A: No sir, I think not.

Q: How many rounds of ammunition had (105) your men?

A: at night on the 22nd we had about 8 to the man.

Q: On the morning of the 23rd how many had you?

A: I suppose about 4 or 5. We fired several volleys the night before after I examined the ammunition.

The Witness then retired

Major Henry Suess, 7th M. S. M., 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 military service?

A: I am Major of the 7th M. S. M., Chief of cavalry in the central district and during the recent campaign I was aid de Camp to General Pleasanton.

Q: Were you with Genl. Pleasanton any on the 22ndd day of October, 1864.

(106)

A: Yes.

Q: Was Col. McFerran arrested on that day?

A: I don’t know which day he was arrested, the 22nd or 23rd. I was with General Pleasanton both days.

Q: Do you know the time of day he was arrested?

A: I think about 8 o’clock.

Q: Do you know by whom he was arrested?

A: By Col. Cole.

By the accused

Q: Were you present when he was arrested?

A: I was.

Q: Do you know anything about the ammunition wagons coming up about that time?

A: No.

Q: Do you know of any orders given by General Brown to supply him with ammunition?

A: No sir.

Q: did you give Col. Mcferran any instructions (107) about supplying his men with ammunition, as coming from General Brown?

A: I recollect that just after Col. Mcferran had been placed under arrest, and with Col. Cole was still talking to him, General Pleaanton sent me back to the 1st Regiment with some orders, but I do not recollect what it was.

Q: Was it not to supply themselves with ammunition before they moved?

A: I don’t recollect.

Q: Are you certain whether it was before or after he was put under arrest?

A: It was after. I was not sent to him but to the commanding officer of the 1st Regiment, and not thinking at the moment that he was under arrest, I have the order to Col. McFerran. Lt. Col. Lazear was within hearing.

Q: Did you see the ammunition wagon coming up?

A: No.

Q: Did Col. McFerran make any reply?

A: I don’t think he did.

(108)

Q: Do you recollect his saying the ammunition had come at last, and the men were getting it?

A: No sir, I don’t recollect saying anything about ammunition. My order may have been about ammunition, but I don’t recollect.

No Questions by the Court

The Witness then retired

First Lieutenant Clifford Thompson, 1st N. Y. Cavalry, A. A. A. Genl. St. Louis, District, a witness on the part of the prosecution was duly sworn in presence of the accused and examined.

By the Judge Advocate