The Missouri in the Civil War Message Board

5th day of Col. J. McFerran Court martial part 2

A: My regiment was in the rear of the Brigade. (208) I was ordered by Genl. Brown to send one battalion dismounted, forward into action. I dismounted one Battalion and put it in command of Lieut. Col. Crittenden who carried it forward into action. In a very short time I was ordered to send another battalion to the right, to the support of Lieut. Col. Crittenden. I had but 9 companies with me, 4 of which were under Lieut. Col. Crittenden. When another 4 companies were dismounted. I had no field officer, so I dismounted the other 4 companies and started with them myself, and these 8 companies were the only ones engaged.

Q: How long after Lieut. Col. Crittenden went forward did you go forward? A: I suppose it was twenty or twenty-five minutes.

Q: Did you see Col. McFerran when you went forward?

A: I did.

Q: Where?

A: As I moved my battalion down the lane, I suppose some 300 yards from where I dismounted. I met Col. McFerran with adjutant Doyle near where (209) the lane makes a turn to the left. He was coming from the direction of the fighting. I was mounted and he and Lieut. Doyle both remarked to me that I had better dismount as it was dangerous for a man to go too near as I was going mounted. I got information from him in regard to the situation of the forces and went on dismounted. That was the first time I saw him. The second time I saw him was near where a section of artillery was positioned, engaged in conversation with Gen. Brown. These were the only times I saw him.

Q: Was there a lane running at right angles with the road?

A: My recollection is that running to the west is the road, and a lane running to the left, and another lane running south which made a harp turn to the west.

Q: Where was the artillery in reference to the lane?

A: It was at the angle where the left hand road turned west again.

Q: What was the position of the enemy in reference to the lane when you went into action?

(210)

A: they were in a pasture, in a line formed directly in front of the lane running west.

Q: Did I understand you that Col. McFerran was coming up from the direction of the enemy?

A: He was, he informed me where Genl. Brown was.

Q: Was the enemy using artillery at the time?

A: Yes sir.

Q: Was the firing light or heavy?

A: The firing part of that time, with artillery and small arms, was very heavy.

Q: Did any of the shot reach the position where you were?

A; I did not observe at that time. After our guns got up, they fired at them, and their shot fell short 50 or 100 yards; but they had the range exactly. Some of their first shots overshot us I believe.

Q: Where did you remount the regiment after the action, and at what time?

A; As I moved forward, I instructed the officer in charge of the dismounted horses to follow up with the led horses, and after the artillery practice (211) ceased I was ordered back and to mount my horses and carry them forward. I mounted my battalion and moved into a field and crossed a small creek in a pasture to the left of the road. That was about sundown.

Q: Did you notice any stragglers that night or the next morning, going to the rear?

A: I saw a good many men that night. They seemed to be scattered along the road, though I do not know they were stragglers. There were a good many fires along where Col. Winslow had been skirmishing. I think some were stragglers, for I recollect I stopped and ordered some of them up. They had excuses, some were sent for the purpose and some for that.

Q: Did you know what command they belonged to?

A: Yes sir, only they belonged to the command in front of me.

Q: Were the men exhausted?

A: Yes sir, very much. We had been up since one o’clock the night before, and had nearly all the time without anything to eat, and had marched two miles fighting on foot and then marched (212) through the night, and were very much exhausted having been in the saddle 3 –weeks.

Q: What time did the firing in front of you cease on the night of the 22nd?

A: It is difficult to say. The heavy firing ceased about 11 or 12 o’clock, but there was skirmishing and picket firing all through the night. The firing from 9 to 11 was very heavy, at times it was fierce.

Cross-Examination by the Judge Advocate

Q: Do you recollect at what times after you left Jefferson City ammunition was issued to your regiment?

A: My ammunition wagons were along with me. We had pretty heavy skirmishing the day we left Jefferson City, and my impression is ammunition was supplied after that fight. I don’t remember whether they issued after the fight at Boonville or not; probably the were.

Q: Do you recollect the next time it was issued?

A: I don’t know that ammunition was issued to (213) to the command anytime after we left Boonville up to the fight at Independence. We had no occasion to use much at that time.

Q: Do you recollect when Col. Winslow took the advance on the 22nd?

A: I do.

Q: How was your regiment off for ammunition at that time?

A: They had about exhausted their ammunition during the fight. When I went back to mount my command, Col. Winslow’s Brigade was formed in a pasture on the left of the road and took the advance about dark.

No questions by the court

The witness then retired.

2nd Lieut. David Grover, Co. G, 1st M. S. M. a witness for the defence was duly sworn in presence of the accused and examined.

By the accused

Q: What position did you have in your regiment on the 22nd of October last?

(214)

A: I was in command of the rear guard?

Q: How many men composed that guard?

A: I don’t recollect how many I had that day. There were two detailed from each squadron, but some days they were not all there.

Q: When had Col. McFerran appointed you to that position?

A: I think I was placed in charge about the 16th of October last.

Q: And continued in charge of it till what time?

A: On the evening of the 22nd, when the regiment dismounted to fight. I dismounted the rear guard and sent the men to their companies and went on to mine.

Q: Who gave you the order to dismount the rear guard and sent them into action.

A: I dismounted them without any order. After it was done, Col. McFerran ordered ordered me to dismount and take it into action; he did not know I had done it.

Q: Was that after the firing commenced?

A: Yes.

(215)

Q: When was it discharged?

A: On the morning of the 23rd.

Q: By whom?

A: Lieut. Col. Lazear.

Q: After the arrest of Col. Mcferran?

A: I suppose it was, it ws about the time we started to move.

Q: Has there been any since?

A: Not that I know of.

Q: What was the condition of the regiment on the morning of the 23rd and where was it stationed.

A: We were about nine miles from Independence.

Q: In what position were they on the night of the 22nd?

A: I believe we remained on our horses in column until an order came, I don’t know from what source, I don’t know from what source, to right and left to give room for the ambulances to pass, and we remained that way, on the right and left of the road till about day break the next morning.

Q: Were the men much exhausted at that time?

A: I supposed they were, I judged by myself.

Q: How was the regiment in reference to straggling, was there any straggling on the morning of the 23rd?

A: We went a short distance and got some forage. I don’t know whether that was straggling or not.

Q: What were the orders given you by Col. Mcferran in reference to straggling, as commander of that detail?

A: I believe I received orders on the morning of the 22nd to arrest all stragglers, it made no difference to what regiment they belonged, and send them to the front. I think I received that from Genl. Brown.

Q: When you were first appointe did you receive any instructions from Col. McFerran?

A: Yes sir.

Q: What were they?

A: to dismount all stragglers and make them walk and carry their saddles.

Q: Did you see stragglers or men going to the rear from other regiments on the morning of the 23rd?

(217)

A: Yes, I saw men going both ways. Before I got to the rear of my regiment, I met some men belonging at the front, carrying fodder.

Q: Did you see anyone the night of the 22nd?

A: I saw men going back and forth. I don’t know whether they were stragglers or not.

Q: what regiment did they belong to?

A: I don’t know.

Q: You know the men of that regiment?

A: Generally I do.

Q: What regiment was immediately in front of you that night?

A: I do not know.

Q: You stated some of the men were out after forage, was any permission given by Col.nel McFerran?

A: I think not. Some of the men of my company said Maj. Niell said they could go and get forage. I heard of no order from Col. McFerran.

(218)

No questions by the Judge Advocate or the court.

The witness then retired.

Major A. W. Mullens, 1st Cavalry M. S. M., a witness for the defence was duly sworn in presence of the accused and examined.

By the accused

Q: Were you with your regiment on the evening of the 22nd of October last?

A: Yes sir.

Q: Were you present when Genl. Brown came up with the artillery?

A: I was not. I did not see Genl. Brown after I passed Independence that evening.

Q: What position did your battalion occupy in the engagement?

A: I was sent to the front beyond Independence.

Q: Did you see the accused?

A: Late that evening I did

(219)

(Question unreadable)

A: Not much; there were some shots firing.

Q: How long did the advance continue after that?

A: There was very little firing at that point, some light skirmishing. We passed on some three miles and the regiment was relieved about 9 o’clock.

Q: Do you recollect the action at the hedge fence?

A: There was none in my front that was at my left.

No Questions by the Court.

The witness then retired.

Capt. Charles H. Thurber, Battery L, 2nd Mo. Light Artillery, a witness for the defence was duly sworn in the presence of the accused and examined.

By the accused

Q: Did you go into camp on the night of the 22nd of October last with your command?

A: I can’t recollect the date.

Q: When did you pass through Independence?

A: I don’t know; I went into camp the evening I passed through.

(220)

Q: How far in the rear of the 1st Regiment did you encamp?

A: I think about half a mile.

Q: what time did you leave camp next morning?

A: Before daylight.

Q: Did you go to the front.

A: Not quite.

Q: Did you go past the 1st Regiment?

A: No sir.

Q: Did you go up to the 1st?

A: Yes sir.

Q: Did you see men along the road belonging to other regiments than the 1st?

A: Not that I noticed; I did not notice particularly.

Q: Did you travel the main road?

A: Yes.

Q: What time did you see the accused on the morning of the 23rd?

(221)

A: Yes, near dawn.

Q: At what point?

A: Near the center of the regiment, probably a little to the right of the center.

Q: Did you have a conversation with him that afternoon?

A: Yes, he spoke to me a few words.

Q: Was anything said about ammunition?

A: I have recollection of his asking some questions about the amount of ammunition on hand.

Q: How were you off for ammunition?

A: It was getting serious at that time.

Q: had firing ceased at that time?

A: Nearly so, there were some stray shots fired after that.

Q: Was there a report of the enemy massing on your right?

A: We received several reports and saw a dust what indicated a movement of some kind, and it was though he was massing troops.

Q: Did you converse with the accused about it?

A: We and spoke about it; we had very little conversation.

Q: You got ammunition next morning?

(222)

A: yes.

Q: What kind of arms did your battalion have?

A: Mixed, some Austrian, some Enfield and some Wesson rifles.

Q: Requiring different kinds of ammunition?

A: Yes.

Cross Examination by the Judge Advocate

Q: You say Capt. Burris was at your right?

A: Yes.

Q: Was any part of the regiment at your left.

A: There was.

Q: That was after you were thrown into action, you saw the accused?

A: It was late in the evening.

Q: Was that the only time you saw him, when he asked about the ammunition?

A: yes, he passed by and asked several questions, among them about the ammunition.

(223)

Q: (Unknown Question)

A: About the break of day.

Q: Where was his regiment then?

A: The horses were tied along the fences and fields.

Q: had there been a lane along there?

A: Yes.

By the Court

Q: How long did you halt at the rear of Col. McFerran’s regiment?

A: Some time; three quarters of an hour I should judge.

Q: What were you waiting for?

A: For that regiment to go on, we had orders to follow it.

By the accused.

Q: Do you know when the accused was put under arrest?

A: Yes.

Q: How long had you been there when he was arrested?

(224)

A: About two-thirds of the time I remained there.

Q: Do you know whether the regiment in front of the 1st had moved.

A: I do not.

The witness then fretired.

Captain Melton Burris, Co. I, 1st Cavalry M. S. M., a witness for the defence was duly sworn in presence of the accused and examined.

By the accused

Q: Did you command a battalion of the 1st on the evening of the 22nd?

A: Yes sir.

Q: What was the disposition of your command on the 23rd and where was it?

A: it was west of Independence about thee and a half miles.

Q: Did they remain in that position during the greater part of the night?

A: Yes, after about 10 o’clock.

(225)

Q: what condition were they for going into action on the morning of the 23rd?

A: We were tired, hungry and worn out.

Q: What was the disposition of the command on the morning of the 23rd?

A: We stopped without orders in column’s of fours. About daylight some of the men got some feed for their horses an they were fed in their places as much as possible.

Q: Were they much scattered?

A: No sir, the horses were fed in their places.

Q: Were the horses saddled?

A: They were, as far as my battalion was concerned.

Q: How long would it have taken to have thrown them in line?

A: I think I could have thrown my battalion in line in five – minutes at any time. That is after the feeding was over. While the men were gone after corn I could not.

Q: Did you receive orders from the commander of the regiment to get corn?

A: I did not from the Colonel. I received notice from someone, I don’t know who, that we could get corn about three fourths of a mile away (226) and feed.

Q: Do you know what regiment was in front of yours?

A: I do not.

Q: Do you know when the accused was arrested.

A: I heard it soon after.

Q: Do you know whether the regiment in front of you had moved at that time?

A: I do not. I was in the rear of the regiment.

Q: Do you know of the men getting ammunition on the morning of the 23rd?

A: I think we got ammunition that morning.

Q: Do you know what time the ammunition got up?

A: No exactly.

Q: Was it before or after you got feed for your horses?

A: I think we fed before the ammunition came up.

Q: Did you see other men than those of the 1st going to the rear on the 22n and 23rd?

A: I saw several men passing back and forth (228) who did not belong to our command.

Q: What were they carrying?

A: I don’t know; I saw no large bodies.

By the Judge Advocate

Q: Were you in action on the 22nd?

A: Yes.

Q: Did you see the accused during the action?

A: I saw him when I was ordered to dismount and go into action, and saw nothing more of him until the horses came to us, after dark, about 8 or 9 o’clock.

By the accused

Q: Can you state the distance between your battalion on the evening of the 22n and the battalion of Maj. Niell?

A: I can’t. I did not see Maj. Niell or his battalion to my knowledge.

Q: How far were you from Maj. Mullen’s battalion?

A: part of the time I was with them and part of the time some distance from them.

The witness then retired.

(228)

Brig. Genl. E. B. Brown, U. S. V., a witness for the defence was duly sworn in presence of the accused, and examined.

By the accused

Q: Where were you on the afternoon of the 22nd day of October last?

A: I passed through Independence about two o’clock or half past, and from that time until sundown was in command of the 1st Brigade of the Provisional Cavalry Division under General Pleasanton, engaged with the enemy.

Q: What time did you receive information that the 1st Regiment was engaged?

A: I put the 1st Regiment in action at a quarter to 3 o’clock that day.

Q: Did you receive a message or a request from the accused after the action commenced?

A: I received three reports from him while his regiment was in action, through his Adjutant and an orderly, and one after the whole Brigade was in action from himself in person, when he came from the front and reported that his command was out of ammunition.

Q: What time was that?

(229)

A: I think about an hour and a half after he was put in action.

Q: Was it after the battery was put in action?

A: I am not positive.

Q: Did you go forward with the battery?

A; I was forward before the battery came up.

Q: Where did you first see the accused after the action commenced?

A: When he returned from the direction of his regiment and reported he was out of ammunition.

Q: Was that before sundown?

A: Yes, I think the sun was an hour high at that time.

Q: How far in advance of where you were was his regiment?

A: It was across a wheat field. The road crosses the railroad at a deep cut of 25 feet on a bridge. The regiment crossed there with Col. McFerran at its head, on a gallop and passed in the direction of the enemy. Rather on the left was a corn field in which the regiment first met the enemy and engaged him and drove him from that. The (230) enemy moved west, where the road turns sharp to the left and in about 200 yards again drop to the right and passes through a lane. On the right of the lane was a new sown wheat field, and on the right was a corn field with the corn in shock. The distance crosses the field as near as I now recollect, is 150 or 200 yards. Beyond the two fields was a woodland pasture through which the road near on the left of the road was a brick house surrounded by a hedge and shrubbery. The engagement between his regiment and the enemy was on the right of the road, the enemy having possession. He was driven from it and charged and took it before he was supported by any other troops three times but at length held it, and he was in front with his regiment an hour and a half, till he reported to me that he was out of ammunition. He came from the direction of his regiment to me via a rise in the rear, where the artillery came up.

Q: When you first put the regiment into action did you give the accused information where the enemy was supposed to be?

A: I only had information that they had moved out on the Kansas and Westport road, which is common for two or three miles, and had no (231) positive information of the position of the enemy. We came upon a gallop and Lieut. Col. King said the enemy was in the cornfield in force and the accused was thrown forward to develop it.

Q: At the time the accused advanced in a gallop at the head of his regiment, how far was it from where the enemy fired on him?

A: After he crossed the railroad in a gallop, they fired on him in less than ten minutes, and they pressed him in hard that I had the horses moved back across the road to prevent their embarrassing them.

Q: When you had the horses moved back where did you leave the accused?

A: I did not see him until I got the other regiments into action. After he was put in action, I sent to order up the balance of my Brigade and three quarters of an hour’s delay occurred in consequence of their being halted by Col. Cole in Independence, about a mile in the rear. The battery which was attached to my brigade was halted, and the two regiments supporting it were halted, and the accused was engaged alone with his regiment for three fourths of an hour. I did not see him in person till about the time the battery arrived, and that was not till after the other two regiments had come up and was in action, and I think about an (232) hour and a half after he was in action.

Q: He did not move back with the horses?

A: No sir. He could not have been there, because I received messages from him from the front.

Q: You received several reports from him?

A: Yes.

Q: What were the reports?

A: As to the disposition and movements of the enemy.

Q: Did he request reinforcements at any time?

A: I am not positive about that, but I know he gave me such information that I sent reinforcements to his left. I sent Col. Phillips and Major Kelly.

Q: Did you give orders that afternoon to the accused to remount his regiment?

A: Yes, just at night.

Q: What position did you direct the regiment to occupy that night?

A: The rear of my Brigade. The 1st, 4th and a (233) portion of the 7th regiment had been engaged that afternoon until near sundown and were out of ammunition, and Col. Winslow’s Brigade had been ordered to support me. The enemy was in full retreat and I ordered him forward in pursuit, and I pushed him by the line of dismounted men of my Brigade and ordered the men of my Brigade to mount their horses as they came up and follow Col. Winslow.

Cross Examination by the Judge Advocate

Q: What orders respecting ammunition did you issue to your command after you started on the march from Independence?

A: That they should be supplied. It was a general order issued verbally. I sent for my officers, and the accused and the others reported to me in person and I directed the mode of marching and told them to see that their commands were supplied with ammunition.

Q: At the time the accused regiment was engaged on the 22n, what front did his regiment occupy?

A: It was a skirmish line at first, but was (234) afterwards formed in line of battle, as close as circumstances would permit. They were not closed up to the touch of elbows but in a closer line, the usual formation of mounted rifles fighting on foot.

No Questions by the Court

The witness then retired

The court then adjourned until 10 ½ a. m. Saturday December 3rd, 1864.