Proceedings of a General Court Martial

Held at St. Louis, Mo.

In the case of Col. James McFerran, 1st Cavalry M. S. M.

St. Louis, Mo.

December 1st, 1864 10 ½ A. M.

PRESENT

The same members of Last session.

The Judge Advocate, the accused and his counsel were also present.

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

P. H. Kenny, 1st Lieut. and Q. M., 1st Cavalry M. S. M., a witness for the defense was duly sworn in presence and examined.

By the accused.

Q: Were you acting Quartermaster of Gen. Browns in October last?

A: Yes sir.

Q: From what time?

(182)

A: I commenced on the 18th.

Q: Where were you on the 22nd?

A: On the road between Independence and Westport.

Q: What time did you reach Independence?

A: Between 8 and 9 o’clock.

Q: What had you in charge?

A: The ammunition train.

Q: How far from Independence did you go?

A: About three miles.

Q: Did you make any inquiries as to there whereabouts of the Brigade?

A: I did.

Q: What time?

A: About 9 o’clock.

Q: Did you make a report?

(183)

A: No, I tried to find Genl. Brown, but did not. I caught up with the 1st Regiment, which was moving, and remained sometime without unhitching my mules, but finally turned out of the road and remained there.

Q: What time did you unhitch your mules?

A: About half past 9 o’clock.

Q: Why did you not report to Genl. Brown?

A: Because I could not find him.

Q: Did you encamp near the Road?

A: Yes.

Q: Where did you see any portion of Genl. Brown’s Brigade?

A: About 9 o’clock that night I saw part of the 1st Regiment.

Q: Where did you see them?

A: In the road on horseback, moving to the front.

Q: Were they moving at the time?

A: Yes, I rode about a quarter of a mile in advance of where I camped, and met the regiment and passed them on the road while trying (184) to find Genl. Brown.

Q: What time next morning did you ascertain where Col. McFerran’s regiment was?

A: Very early. Lieut. Doyle passed where I was before light. I first heard his voice, and then saw him by the fire light.

Q: Was that before daybreak?

A: Day was just breaking, but it was not light enough to see a man ten steps from you.

Q: Did you receive orders from Col. McFerran’s regiment to bring up the ammunition?

A: Not that I know of.

Q: How came you to bring it up next morning?

A: I kept the train moving close to the brigade. That was my instructions.

Q: Did you send word by Lieut. Doyle that the ammunition train was there?

A: No sir. I think Lieut. Doyle told me the regiment or Brigade was out of ammunition.

(185)

Q: Where did you find the 1st Regiment.

A: About six or seven hundred yards from where I stayed all night.

Q: Is that timbered country?

A: Yes.

Q: Are you well acquainted with the men and officers of the 1st M. S. M. Cavalry.

A: Yes sir, I know nearly every one of them. I have been with them about three years.

Q: What position had you held in the regiment before you were appointed Brigade Quarter Master?

A: Regimental Quartermaster.

Q: What men did you first see that morning?

A: The men under Lieut. Johnson & Capt. Peery.

Q: How many men were there about there?

A: A good many men were scattered along the road.

Q: How many belonging to the 1st Regiment.

A: I could not say positively about fifteen or twenty.

Q: How many men in all did you see in the vicinity of where Capt. Peery was?

(186)

A: I could not tell.

Q: Did you see any men belonging to other regiments.

A: yes, a good many.

Q: Was there any space intervening between where you saw Capt. Peery and Lieut. Johnson with their men, and the main body of the regiment?

A: There was.

Q: What were the men under Lieut. Johnson with their men, and the main body of the regiment?

A: They seemed to be cooking.

Q: Did you see stragglers between you saw this body of men, and the main body of the regiment?

A: I saw men passing. I did not know to what commands they belonged.

Q: How many men?

A: Not many.

Q: How many mend did you see that did not belong to the 1st Regiment from where you stayed all night to the rear of the regiment?

A: It is hard to state the number of men; there were about 70 or 80.

Q: What time did you reach the main body of the regiment with the ammunition wagons on the 23rd ?

A: About sun up, or maybe a little before.

Q: did the men proceed to supply themselves with ammunition as soon as you got up?

A: I met Col. Mcferran in the road and he told me the men were out of ammunition.

Q: Did he give you any orders as to the matter?

A: I don’t recollect that he did, but I sent the teams to their respective battalions; the ammunition was of different caliber’s.

Q: Do you mean that the men were furnished with different kinds of arms?

A: Yes sir, and I sent the drivers to those companies for which they had the proper kind of ammunition?

(188)

Q: How long did you remain with them?

A: No longer than to give those orders, I then moved on to where Genl. Brown was. I had then ascertained where he was.

Q: How was the regiment disposed when you came up?

A: To the right and left in the road as I came up.

Q: How much of the regiment did you see there?

A: I did not notice.

Q: You stated that between the point where you stayed all night and the rear of the regiment; do you mean to exclude Lieut. Johnson and his squad?

A: I think there were about 100 in all.

Q: Out of the 100 how many were of the 1st Regiment.

A: About 15 or 20.

Q: What regiment did you find in front of the d1st?

A: I do not recollect.

(189)

Q: How far did you find troops in advance of the front of the 1st?

A: they seemed to be all together, as far as I went.

Q: How far did you go till you reached Genl. Brown?

A: No far.

Q: Did Genl. Pleasanton came up while you were with Genl. Brown?

A: Genl. Pleasanton ans staff rode up while I was in the road, about ten or twelve steps from Genl. Brown.

Q: How long had you been there when Genl. Pleasanton passed?

A: About 15 or 20 minutes.

Q: Did you go any further than Genl. Brown?

A: Not that time.

Q: What time did the firing commence that morning?

A: I do not know the time; it was sometime after I was with Genl. Brown.

Q: How late did you hear firing the night before?

A: I heard firing after I came up with my trains.

(190)

Q: How long After?

A: Not more than a half hour or an hour.

Q: When you came up on the 22nd and camped did you at day time send word to Col. Mcferran that you were there with the wagons?

A: I did not, but several of that regiment knew I was there, because I was inquiring of them where Genl. Brown was.

Q: What was the condition of the men you saw in the rear of the 1st Regiment and not belong to it?

A: they were getting something to eat. I saw some broiling beef and getting coffee.

Q: Were they in a body or scattered along the road?

A: Yes, there were a great many troops between Independence and where I camped.

(191)

Cross Examination by the Judge Advocate

Q: you were detailed on the 4th of October last, to report to Genl. Brown?

A: I went out of Jefferson City with aim.

Q: Where did you first report to him as Brigade Quartermaster?

A: At Jefferson City.

Q: What orders were given you in regard to the ammunition train?

A: I did not have the ammunition train then.

Q: Where did you get the ammunition train?

A: Where I joined the Brigade. I believe at Brownsville.

Q: How far is that from Independence?

A: I do not know the distance; Brownsville is in Saline County.

Q: Where did you make the first issue of ammunition to Genl. Brown’s Brigade?

A: That was the first issue, beyond Independence on the morning of the 23rd.

(192)

Q: Were you prepared to make issues before that?

A: Yes sir, if called on.

Q: Were you up with the Column?

A: Yes sir, all the time until the crossing of the Little Blue. There the ammunition train was left back about five miles. I think by order of Genl. Pleasanton.

Q: How far is Independence from the Little Blue?

A: About nine miles.

Q: You say you got beyond Independence and inquired for Genl. Browns Brigade?

A: Yes.

Q: Of whom did you inquire?

A: Some officers of the 1st Regiment, and some men.

Q: Did you inquire of any general officer?

A: I inquired of some company commander.

Q: Were you at or near any General officers headquarters?

A: If I was I did not know it.

(193)

Q: Was it moonlight?

A: I think not; it was quite dark. I came on a gallop part of the time, and I know it was so dark I was afraid of falling down.

Q: Don’t you recollect that the moon rose about 9 o’clock that night?

A: I do not. I know there was no moonlight when I came up.

By the Court

Q: Did you cross Rocky Creek that night with your train?

A: I did.

Q: Do you know the house where Genl. Pleasanton staff stopped that night?

A: I do not.

Q: Did you stop in a lane, a field or a thicket?

A: It was hard to tell a lane from a field, (194) because the fences were nearly all torn down and made into fires.

Q: Was there a fence or had there been on both sides of where you stopped?

A: I think so.

Q: Do you recollect of a column moving from the right hand side of the road at the rear of Genl. Brown’s Brigade?

A: I think I do.

Q: Was that before or after you started?

A: I think I made haste to get into the road before they came up.

The Witness Then retired