Q: State your position on the 22nd day of October, 1864.

A: I was Aide-de-Camp and Assistant Adjutant General to Major General Pleasanton.

Q: Were you present with his army that day?

(109)

A: I was.

Q: What was the position of Col. McFerran in that army?

A: He was commanding a regiment in Gen. Brown’s Brigade.

Q: Was he arrested about that time?

A: He was on the morning of the 23rd, I think, by order of Genl. Pleasanton. The arrest was made by Col. Cole.

Q: What time was it?

A: I cannot be positive as to the time. I think it was between 8 or 9 o’clock.

Q: Did you notice his regiment on the 23rd?

A: In the morning I did.

Q: What was the condition of his regiment?

A: It was very much broken, a portion of it dismounted, straggling, halting, scattered along the road, in a very disorganized condition.

By the Court

Q: What time did you see that regiment first on the morning of the 23rd?

(110)

A: While riding from what had been our headquarters the night befor to the front we encountered his regiment along the road and on reaching the head of the regiment, Col. Mcferran was put under arrest on account of his regiment being so much disorganized.

Q: how far had you ridden?

A: I could not say. I had been sent by the General to send up the str4agglers and I could not say how far I had ridden, nor how far it was in direct line from his quarters.

Q: What regiment did these stragglers you spoke of belong to?

A: All I spoke to or saw, and ordered forward belonged to the 1st M. S. M.

Q: Where were they?

A: Scattered along the road. Some were on the side of the road cooking, some were in the fields feeding, and some were lying under the fence. Some lying under the fence. Some were organized in the road. Some were organized in the road.

Q: How many were in the road?

A: I could not tell.

(111)

Q: How long was the line of the regiment?

A: I could not say. The small command near Col. McFerran at the time of his arrest was about equal to two squadrons.

Q: How far were these stragglers in the rear of his organized force?

A: We encountered them on first leaving headquarters, and from that time until we reached the head of the column they were very thick.

Q: Do you know the officers of his regiment?

A: None but Lt. Col. Lazear.

Q: You only know these men were of his regiment by what they told you?

A: that is all.

Q: did you see Lt. Col. Lazear with the accused at the time of his arrest.

A: I did not.

Q: did you see the ammunition wagon belonging to that regiment.

A: I saw some wagons. I don’t know they were ammunition wagons.

(112)

Q: Were you in front the day before?

A: I was at the time of reaching Independence.

Q: Do you know whether the troops immediately in front of Col. Mcferran’s Regiment had moved at the time of his arrest?

A: I think not; a portion may have done so .

Q: Was his regiment moving at the time of his arrest?

A: they were not. He was standing over the side of the road dismounted.

Q: Were you with Genl. Pleasanton when he came through the lane that morning?

A: Yes sir.

Q: What officers of his staff were along?

A: I recollect Maj. Suess, Col. Cole, and Captain Watters. I don’t know of any others being present.

Q: Had you any means of knowing where the enemy was at that time?

A: We had the reports of the commanders who were in front.

The Witness then Retired

(113)

George W. Kelley, Major of the 4th Cavalry M. S. M. a witness on the part of the prosecution, was duly sworn in the presence of the accused and examined.

By the Judge Advocate

Q: You were with the troops operating with General Pleasanton on the 22nd of October 1864?

A: I was.

Q: What part did you take in the action that day?

A: On the 22nd I belonged to the first brigade at Independence. There was one regiment in advance of me skirmishing with the enemy down in the woods – that is west of me, and General Brown commanding the Brigade ordered me to dismount and report to Col. Mcferran.

Q: What regiment was it in advance of you?

A: the 1st M. S. M.

Q: Did you report to Col. McFerran?

A: I did.

Q: What orders did you receive?

(114)

A: The Colonel told me to go down in the field and I would find Major Neill in the field in with the skirmish line. I went to the far side of the 2nd field – my men were dismounted. I fell in on the left of Maj. Neill. I was on the extreme left.

Q: Did you become engaged with the enemy immediately?

A: Yes, down to the hedge fence my men commenced firing, and I ordered them to cease firing – not to waste ammunition. I ordered the fence broken down so that I could ride through – I was on horseback. The rebels were in and behind a brick house and from the fence.

Q: How many companies were there in your battalion?

A: I had 9 squadrons then engaged at that time and 3 squadrons on other duty.

Q: you had command of a regiment of Cavalry?

A: yes, a regiment of cavalry – 12 squadrons.

(115)

Q: you say you went to the brick house?

A: yes – took it from the rebels, they were in the brick house and along the fence. I drove them down in the woods to the fence. I then ordered my line right on forward. We wounded some men there. I tried to get possession of the ambulance they were in. We also killed a Colonel.

Q: After you took the brick house what were your direction then?

A: I went on down in the woods we skirmished there – it was a pretty hard skirmish for a while.

Q: How long did that continue?

A: I suppose from the time I first go into action until I ordered the horses brought down. Suppose it was about an hour and a half. I know they shelled us there right smart from our own batteries also, the shells from our batteries fell amongst our men.

Q: What time was it when you were ordered to bring your horses down?

A: I suppose the sun was about half an hour high.

(116)

Q: What did you do after you got the horses?

A: Col. Winslow was ordered to lead the advance. I mounted my men and moved right on after the 7th Regiment, Col. Winslow led the advance with his brigade.

Q: Were you engaged with the enemy any other time that day?

A: No, not that night. When we got up the hill they were fighting the enemy. Col. Winslow engaged them there and had a night fight with them, nearly all night.

Q: I want to call your attention to the conduct of Col. McFerran during that engagement.

A: I didn’t see him after I reported to him there in the woods. I didn’t see him anywhere that I recollect after that evening.

Q: What was he doing and where was he standing at the time you reported to him?

A: I suppose about 20 steps from the fence in the woods off the left of the road. I think he was holding his horse where I passed him – one or two orderlies were about him. I don’t know which – when I reported to him.

Q: Were any troops with him?

(117)

A: No – only 2 or 3 orderlies – his men were 3, 4, or 500 yards in advance of where he was. His men were at the first fence of the 2nd field. I had to cross a little lane. They knocked three plank fences down for me to ride through.

Q: Were there any trees in the vicinity of where he was standing?

A: Yes, several.

Q: At that time was the battle going on?

A: They were skirmishing some there – McFerran’s men were.

Q: I will call your attention now to the morning of the 23rd and ask you if you noticed Col. McFerran’s regiment on that morning?

A: I did not – was in advance of them. I saw them after we crossed the Blue. My regiment was in the fight – then there came up an orderly who told me they were ordered to report to me. Col. Winslow ordered me back to dismount the First and bring it up the hill. I went back to Lt. Col. Lazear and told him what I had been ordered to do by Col. Winslow.

Q: Do you know the place occupied by (118) Col. McFerran’s regiment in the fight of the 22nd?

A: I found them along the fence at my right they were a part of them, and I think some of them to the right of the road. I was entirely to the left of the road, and some of his men, I think, were to the right of the road, and there was one or two ncompanies in behind a fence in the rear of our line after we had moved down. I told Genl. Brown about it, and he told me to take them down and put them in the fight and I took them where my men were down to the brick house.

Q: Where was the fight heaviest in General Brown’s Brigade?

A: I suppose on my right, and right about where my right rested. About the center of the line was the heaviest fight.

Q: Who was in the center?

A: Col. Crittenden – after he came down there with a portion of the 7th, he got in with Col. Mcferran’s men on behind the fence which we had taken from the rebels, and a rick of straw that was there. I sent up word for them to come away, that they were shelling them there. I moved my men further down the fence – they were (119) in a kind of a jam too many of them together. I took them south of the rick.

Q: Was the fighting heavies in your front or in front of Col. McFerran’s regiment?

A: I suppose the heaviest fighting was down by Col. Crittenden.

Q: I am speaking of the comparative fighting between your regiment and Col. Crittenden’s?

A: I don’t think there was a great deal of difference.

Q: How were you off for ammunition?

A: At the close of the fight my men were about out had four or five rounds. The other squadrons have one or two.

Q: When was ammunition issued to your after that?

A: I received some after that that evening. I had some men carrying ammunition in sacks four men who had it on their horses. They filled up the company’s boxes tolerably well, and the next morning I sent back to the wagons for ammunition before day break.

Q: Were you prepared to go into battle the (120) next morning at day light?

A: Yes sir – the next morning at day light I was prepared to go into battle.

Q: Did you receive orders to get your ammunition in that way?

A: I did it myself, I didn’t receive any such orders at all. I did it for our won convenience and safety. That was carbine ammunition. Those men did not carry ammunition for revolvers.

Q: How was your regiment armed?

A: With carbines and revolvers. The revolvers were private narms.

Q: any sabers?

A: They didn’t have their sabers with them.

Q: How was Col. McFerran’s regiment armed?

A: The most of them had long guns.

Q: Any sabers?

A: No sir, I don’t think they had sabers.

Cross Examination By the Accused

(121)

Q: You state that when you first came up to Col. McFerran to report to him there was some skirmishing going on?

A: Yes.

Q: The heaviest fighting was after that time?

A: Yes.

Q: You left him immediately?

A: Yes, according to his orders.

Q: You took the left of the line?

A: Yes.

Q: Did you occupy these centre left of his regiment?

A: Yes, I suppose it was – there were one or two companies of his regiment who feel in my rear, but his men were on my right.

Q: what battalion did they belong to?

A: I don’t know.

Q: You went obliquely to the left across the corn field?

A: Yes, across 2 –fields.

Q: what was the length of the whole line engaged with the enemy?

A: well, I suppose the whole line that afternoon (122) was something over half a mile.

Q: Did you know who was on the exteme right?

A: I think Col. McFerran’s men were on the extreme right. After Col. Crittenden ncame down with the 7th a portion were between me and Col. Crittenden.

Q: When you got down to where Col. McFerran’s men were, had the enemy been driven from the lane?

A: I couldn’t tell you where Col. McFerran’s men were, had the enemy been driven from – they were laying in behind the fence.

Q: Was the fence between you and the stubble field?

A: No, it was right along a skirt of timber.

Q: Beyond the stubble field?

A: Yes, my men were firing from the hedge and I made them cease firing – it was too far.

Q: do you know who was immediately on front of Col. McFerran – when you came up to him – what part of his command?

A: No.

(123)

Q: Do you know where Major Mullen was?

A: No.

Q: You don’t know how far Col. McFerran was in rear of the men in front of him?

A: After I went down through, I rode around the lane to see the enemy, and I went in front of Col. McFerran’s line, around where his men were in the lane, and the men told me I had better not ride down there any further for Major Mullen had been shot in that place. I rode round to see the brick house – it was right in my front – to see if they were heavily posted there.

Q: Then you didn’t know whose fence this was?

A: I saw Col. Lazear riding up and down the line.

Q: Were the men laying down about the fence?

A: Yes.

Q: Col. Lazear was in command?

A: I suppose he was – he was riding along the line there.

Q: do you know anything of a road leading immediately west from where Col. McFerran was to this lane in front?

(124)

A: Yes, Col. McFerran men hadn’t crossed the road yet.

Q: Were they in the field to the left of the road or in the road?

A: some of the men were along down the fence.

Q: do you know how far that was from when you saw Col. McFerran?

A: I suppose 4 or 500 yards.

Q: You hadn’t ridden over that space?

A: I suppose 4 or 500 yards.

Q: You hadn’t ridden over that space?

A: I rode across the field, and it was the same lengthj on the north as on the south.

Q: When you went to the front you went directly west?

A: Yes, about directly west.

Q: Then you rode back?

A: Yes, I rode north.

Q: Leaving your men to the left?

A: Yes.

Q: Where were Major Niell’s men?

A: A little to my right – some were – I crossed that lane, I was told they were Major Niell’s men.

(125)

Q: What troops did you pass in getting back to your own men?

A: I passed the 1st.

Q: Who was in command?

A: I couldn’t see any field officer there – I saw the company officers there some of them.

Q: Had you ever been on that ground before?

A: I never had.

Q: Was their decent from where you left Col. McFerran to that lane?

A: No, it was nearly level – a little up hill until you struck the lane, and then rather a deent from that turn to the brick house – the rebels were beyond on a high hill.

Q: Do you think you have any distinct recollection of the ground at that npoint?

A: I do, of the field that I rode across.

Q: Do you think you know of the distance?

A: Yes, I have had heretofore.

(126)

Q: Where did the 4th lay on the night of the 22nd?

A: We lay in front of the 1st.

Q: How far?

A: I couldn’t tell you. I didn’t go to the rear to see who was there. I was in advance of my regiment and lay there in the road.

Q: Do you know when Col. McFerran was placed under arrest on the morning of the 23rd?

A: I do not.

Q: what time did your regiment move on that morning?

A: About day light.

Q: Had Genl. Brown got up when you moved?

A: he was on my advance.

Q: Did you see Genl. Pleasanton that morning?

A: yes – he passed me.

Q: Before or after your regiment moved?

A: I had moved about 2 ½ miles, probably 3 miles where he passed me. He passed me about one mile from the Blue.

(127)

Q: At what time in the morning?

A: I couldn’t tell you the exact time, I suppose the sun was nearly an hour high, about an hour high when he passed me. I have got bothered in the rear of a pack train.

Q: Do you know what regiment was in your rear, on the morning of the 23rd?

A: I do not.

Q: The 1st Regiment was in the action at the Big Blue?

A: Yea.

Q: At what time did they get into action?

A: I couldn’t tell you the exact hour. They were skirmishing when I went down. I was ordered down on the trot, and I met an orderly from Col. Phillips telling me to hurry on up.

By the Court

Q: From where you saw Col. McFerran could you see the line of the enemy, or his line in action at the battle where your brigade went in on the 22nd?

A: No, I couldn’t see the rebel line from where I reported to him.

(128)

Q: Could you see his lines?

A: I could see some of his men – a few scattered men – I couldn’t see his entire line – I could see a few of his men in his front.

By the Judge Advocate

Q: I want to ask you about that order that you received from Genl. Brown – repeat his words as near as you can – when he ordered you to report to Col. Mcferran?

A: He ordered me to form in Squadron Column between Independence and the Railroad to form on the right of the road, dismount my men, and report to Col. McFerran down in the woods.

The witness then retired, and the Judge Advocate announced the case closed on the part of the prosecution.

The court thereupon adjourned until 10 ½ o’clock a.m. Wednesday, November 20th, 1864.