PROCEEDINGS OF A GENERAL COURT MARTIAL
Convened at St. Louis, Mo., in pursuance of the following Special Orders, viz/
Headquarters Department of the Missouri, St. Louis, November 15, 1864
Special Orders }
No. 317 }
VII: A GENERAL COURT MARTIAL, is hereby appointed to meet in this city, on Tuesday, the 22nd inst., or as soon thereafter as practicable, for the trail of Brig. Genl. E. B. Brown, U. S. V., and such other prisoners as may be brought before it.
Detail for the Court
Brig. Genl. S. A. Merritith, U. S. V.
Brig. Genl. John B. Sanborn, U. S. V.
Col. Geo. H. Hall, M. S. M.
Col. W. A. Barstow, 3rd Wisconsin Cavalry
Col. John F. Williams, 9th Cavalry M. S. M.
Major Allen Blacker, 1st Nebraska Cavalry, Judge Advocate
No other officers than those named can be assembled without manifest injury to the service. The court will sit without regard to hours.
By command of Major General Rosecrans. (signed)
Frank Eno Assistant Adjutant General
Headquarters
Department of the Missouri, St. Louis, Mo., Nov. 24th, 1864
Special Orders }
No. 326 }
EXTRACT
Brig. General J. B. Sanborn U. S. V. is hereby relieved from duty as a member of the General Court Martial appointed in S. O. 317 from these Headquarters.
By Command of
Major General Rosecrans
(signed)
Frank Eno Assistant Adjutant General
The court then proceeded to the trial of Brig. Genl. John McNeil, U. S. V. who was called before the court, and having heard the orders appointing the court read, was asked if he had any objection to any member named in the orders; he replied that he had no objection.
The court was then duly sworn by the Judge Advocagte, and the Judge Advocate was duly sworn by the Presiding officer of the court, both in the presence of the accused. The reported was also duly sworn by the Judge Advocate in the presence of the accused.
The accused then made application for permission to introduce Counsel and James Broadshaw Esq., was admitted as his counsel.
5.
The Judge Advocate then stated that so far as the government was concerned there was four or five witnesses where testimony might be taken to day after which time there most probably be a delay of two days in pursuing the attendance of witnesses from a distance the charges and the specification with the list of witnesses. Not having reached him until yesterday the 14th, which being the case the court adjourned until 10 o’clock A. m. the 19th Day of December 1864.
St. Louis, Mo.,
December 19, 1864 10 o’clock a.m.
The Court met pursuant to adjournment
Present
Brig. Genl. J. T. Copeland, U. S. V.
Brig. Genl. Thomas Ewing, Jr. U. S. V.
Col. Geo. H. Hall, M. S. M.
Col. W. A. Barstow, 3rd Wisconsin Cavalry
Col. John F. Williams, 9th Cavalry, M. S. M.
Major Allen Blacker, 1st Nebraska Cavalry, Judge Advocagte
Absent
Brig. Genl. S. A. Meredith, U. S. V. – Sick
The accused and his counsel were present. On motion, the accused assenting thereto, the reading of the proceeding of the last session was dispensed with.
In consequence of the absence of Brig. Genl. S. A. Meredith, U. S. V., the court adjourned until 10 o’clock a.m. the 20th day of December A. D., 1864.
6.
St. Louis, Mo.
December 20th, 1864, 10 o’clock a. m.
The court met pursuant to adjournment.
Present.
Brig. Genl. S. A. Meredith, U. S. V.
Brig. Genl. Thomas Ewing Jr. U. S. V.
Col. Geo. H. Hall, U. S. V.
Col. W. A. Barstow, Col., 3rd Wisconsin Cavalry
Col. John F. Williams, 9th Cavalry, M. S. M.
Judge Advocate
Absent
Brig. Genl. J. T. Copeland, U. S. V.
The accused and his counsel were present. The accused asked for a continuance of the case until Thursday the 22ndinst. On account of the engagements of his counsel.
The Judge Advocate stated that he should not oppose granting the continuance asked by the accused for the reason that certain witnesses for the prosecution could not be obtained before the 22nd and that no time would be lost by such a continuance.
The court therefore adjourned until 10 o’clock, a.m., the 22nd day of December, A. D. 1864.
St. Louis, Mo.
10 o’clock a. m.
December 22nd, 1864
The court met pursuant to adjournment.
Present
Brig. Genl. S. A. Meredith, U. S. V.
Brig. Genl. J. T. Copeland U. S. V.
Col. Geo. Hall, M. S. M.
Col. W. A. Barstow, 3rd Wisconsin Cavalry
Col. John F. Williams, 9th Cavalry M. S. M.
Major Allen Blacker, 1st Nebraska Cavalry – 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.
The accused Brigadier General John W. McNiel was then duly arraigned on the following charges and specifications, which were first read to the court in his presence viz: -
9.
Charges preferred against Brigadier General John McNiel, United States Volunteers.
Charge 1st
Disobeying the lawful command of his superior officer.
Specification 1st: In this that he Brigadier General John McNiel, United States Volunteers, having been ordered by his superior and commanding officer; major General Alfred Pleasanton, to move with his Brigade, from Independence Missouri, on the Little Santa Fe Road, and cross the Blue River on that point on the same night, did neglect and fail, to comply with said order.
This, at or near Independence Missouri, on or about the 22nd day of October 1864.
Specificication 2nd – In this that he Brigadier General John McNiel, United states Volunteers, having been ordered by his superior and commanding officer, Major General Alfred Pleasanton to attack the enemy on the military Road, near Little Santa Fe, did neglect and fail to make such attack, in consequence of which failure, the enemy escaped with his wagon train.
This near Hickman Mills, Missouri, on or about the 23rd day of October 1864.
Specification 3rd – In this that he Brigadier General John McNiel, United States Volunteers, having been ordered by his superior and commanding officer, Major General Alfred Pleasanton, to keep his brigade in condition to support the other troops of the command then engaged with the enemy, did neglect and fail to obey said order, and did halt and dismount his command, thereby allowing the other troops to engage the enemy without support.
This, near Trading Post, Missouri, on or about the 23rd day of October 1864.
Charge 2nd – Drunkeness on duty S
Specification 1st – In this, that he, Brigadier General John McNeil, United States Volunteers, United States Volunteers, while on duty commanding Troops, was so intoxicated as to be incapable of properly performing said duty.
This at Springfield, Missouri, on or about the 2nd day of November 1864.
Specification 2nd – In this, that he, Brigadier General John McNeil, United States Volunteers, while on duty commanding troops, was so intoxicated as to be incapable of properly performing said duty.
This, at Rolla, Missouri, on or about the 12th day of November 1864.
10.
Charge 3rd
Neglect of duty to the prejudice of good order and military discipline.
Specification: In this that he, Brigadier General John McNeil, in command of 2nd Brigade, Cavalry Division, on the road leading from Independence to New Santa Fe, Missouri, near the Big Blue River in Jackson County, Missouri, and while our forces were enging the enemy, at or near Kansas City, and Westport in same county, within hearing, and within sight, did permit the enemy, and the enemy’s train, to pass to the enemy’s rear, southward, in full sight of himself and his Brigade, from about 10 0’clock a.m., till late p.m. of that day, without vigorously attacking the enemy and checking such movement.
This, in Jackson County, Missouri, on or about 23rd day of October, 1864.
Charge 4th
Conduct to the prejudice of good order and military discipline.
Specification: In this, that he, Brigadier General John McNiel, United States Volunteers, did cause to be punished by flogging, in the presence of officers and soldiers, William McGill, and Walker M. Parker of Company M, 17th Regiment of Cavalry Illinois (11) volunteers, causing 39 lashes to be inflicted on the back of each.
This at or near Cassville, Barry County, Missouri on or about the 8th day of November, 1864.
(Signed)
A. Pleasanton, Maj. Genl.
(12)
To which charges and Specifications the accused pleased as follows, viz.
To specification first under charge I - Not guilty
To Specification Second under charge I - Not guilty
To Specification third under charge I - Not guilty
To Charge I - Not guilty
To Specification first under charge II - Not guilty
To Specification second under charge II - Not guilty
To Charge II - Not guilty
To the specification under Charge III - Not guilty
To Charge III - Not guilty
John F. Beveridge, Colonel of the 17th Illinois Cavalry Volunteers, a witness on the part of the prosecution, was duly sworn in the presence of the accused and examined.
Q: State your position in the service on the 22nd day of October, 1864 and upon (13) what duty you were engaged that day?
(17)
Q: I will ask you at what time that was – that your regiment was moved across the Blue?
A: I should think two o’clock – after two o’clock two squadrons crossed and a line of skirmishers up within range of my column had reached the bottom of the Blue, when I moved back – was ordered back. When I got back with my skirmishers I found the whole line retiring. We retired and took a position on the Prairie beyond the range of the enemy’s guns, and remained thee all night until the next day morning – I should think about eight o’clock where we took up our line of march towards Little Santa Fe, and south towards the Maris de Cygnes.
Q: What time did the enemy occupy in passing the brigade – the position which you occupied?
A: Some five or six hours.
Q: How far were they from you or the brigade?
A: When we first discovered them I should judge they were 1 ½ or three (3) miles. We afterwards moved further up. The position when we halted when the line was retired was probably two miles from the road on which they were moving.
Q: did you see the enemy’s train?
(18)
A: I did.
Q: Could you see the troops that were guarding the train?
A: There were troops moving with the train. They were all moving in a great deal of haste apparently without much order.
Q: Was the train in the rear of the troops?
A: No sir, they were all mixed up together.
Q: What is your opinion as to the number of troops that passed between ten (10) and two (2) before an attack was made?
A: It would be very difficult to form any opinion. There was no system or arrangement in the movement whatever. It looked more like a general race to get out of the way than anything else.
Q: Where was the most of the train – state whether it was in the rear or not?
A: It was passing at the time with the men.
Q: Was this column closed up or scattered?
A: At times well closed up, and then again broken. We could see the train and troops moving to our right towards Westport where the engagement was going on. The road (19) then led down behind a skirt of timber which hid it from our men until they crossed a ravine, which led into the ravine of the Big Blue, and came up onto a ridge in full view of us. I should judge it was one-hundred rods from that creek, when they first came into our view after they passed it. We could then probably see a line, with the exception of a short distance, for ¾ of a mile or a mile as they were moving along on that ridge before they got out of sight. Perhaps about the center of that distance there was a house with some shade and native trees about it that would conceal the line for a short distance.
Q: Was there any attempt on the part of your brigade to check this movement of the enemy?
A: Nothing further than I have described.
Q: How many regiments did you state crossed the Blue.
A: There was a part of the 7th Kansas, perhaps all of it, I am not positive, and a part of my own regiment. We were to the right of the 7th Kansas further down the stream.
(20)
Q: What effect did that have upon the enemy?
A: The enemy gathered some forces 0n the hill ^made a force^ planted two pieces of artillery, fired a few shots and changed the position of their pieces further back in the rear – that was one effect was that those who were going on hurried up; the race seemed to be increased.
Q: Did it have the effect of changing their course of march by the road?
A: No sir.
Q: Could you hear at this time the sound of battle at Kansas City and Westport?
A: Yes sir – not only hear the sound, but see the smoke as it left the cannons mouth at Westport. I should judge the distance was about four (4) miles across the valley at that point.
Q: did it appear to be a general engagement between our forces and theirs?
A: Yes sir.
Q: All that you have related took place in Jackson County Mo.?
A: I suppose it was Jackson County.
(21)
Q: Who was the Major General commanding your forces?
A: Major General Pleasanton.
Q: Were you at Springfield, Mo. on the 2n of November 1864?
A: I was in camp near Springfield, Mo., was in the city after dark.
Q: Did you see Genl. McNiel on that day?
A: I did not.
Q: Were you at Rolla, Mo., on the 12th of November 1864?
A: No sir – We didn’t reach Rolla, I believe until the 15th.
Q: Did Genl. McNiel reach there the same day that you did?
A: He came in with the brigade.
Q: Did you see Genl. McNiel the evening of the day that you reached Rolla?
The accused objected to this question claiming that the proof must correspond with the specification citing the case of Capt. Trevor Barnet page 57. The Judge Advocagte claimed that under the 2nd Specification of charge II he was (22) not limited to a day certain. The court was cleared for deliberations, and upon reopening it was announced that the objection of the accused was over-ruled.
A: I saw him when the brigade came in – I should judge it was about the middle of the afternoon, but not after that.
Q: Do you know where his headquarters were at Rolla that night?
A: Yes sir – I know where his quarters were in Rolla – I suppose he occupied the same place that night.
Q: Will you describe them?
A: His headquarters were located one side of the parade ground of the left of the Railroad depot as you enter Rolla.
Q: I will call your attention to the 25th of October [64], and ask you in regard to the movements of Genl. McNiel’s brigade on that day?
A: On the morning of the 25th the brigade halted almost 3 o’clock I think – perhaps three (3) I think – perhaps three (3) miles from Marais de Cygnes and two miles from what is called Trading Post.
(23)
Q: What stream is this Trading Post on?
A: Marais de Cygnes, or Osage.
Q: How long did you halt there?
A: Until after day light. The brigade then moved down to the timber on the Marais de Cygnes, and halted there from one to two hours. We then moved forward at a rapid gait after we got over the Marais de Cygnes – in fact we moved at a rapid gait all day until night closed in again.
Q: Did you hear the sound of battle before you moved?
A: Yes.
Q: How long before?
A: It was not long before we moved down to the Marais de Cygnes – probably half or ¾ or an hour.
Q: Do you know whether your brigade moved in pursuance of orders from Genl. Pleasanton.
A: I do not know.
Q: What position in the line did you occupy on the morning of the 25th?
(24)
A: I was about in the center of the brigade.
Q: State to the court whether during this halt the troops were dismounted?
A: They were.
Q: Describe the position of the brigade at that time, particularly the halt you made near the Trading Post?
A: My own regiment dismounted and gathered up corn that the rebel force had left there and fed – and rations were distributed to my command at that point. As for myself, I cooked some meat on a stick and ate it, and several other officers did the same. I judge we were there an hour and a half or two hours.
Q: How far from you was it that the two armies were engaged?
A: Well, I suppose they were engaged near the Trading Post early in the morning, but the engagement when Genl. Marmaduke was captured was some six (6) or seven (7) miles from that point.
Q: Was your brigade present at the time Marmaduke was captured?
(25)
A: It was not.
Q: Did you overtake the balance of genl. Pleasanton’s command that day?
A: We did; after crossing the Marais de Cygnes we went on about as rapid a gait as we could go passing the captured forces, and coming up to what I suppose to have been Col. Winslow’s brigade after crossing the 1st stream – I don’t know whether it was Mine Creek or not, it is probably from four (4) to six (6) miles after we passed the battle ground where Marmaduke was captured.
Cross Examination By the Accused
Q: What was the strength of the 2nd Brigade on the morning of their leaving Independence?
A: I couldn’t say – I suppose it was about 2,500.
Q: You say the distance from the Brig Blue to Independence is about ten miles, from what point on the Big Blue do you mean?
(26)
A: At the point where we crossed it – which was I was told some three (3) miles. We crossed below Hickman’s Mills.
Q: At what time did you first discover the enemy on the morning of the 23rd?
A: I think it was between 8 and 9 o’clock when we first saw them to our right almost directly across.
Q: what force of the enemy did you see at that time?
A: We saw their train and some cavalry, moving I should judge about four (4) miles from us.
Q: Had you any means of ascertaining the strength of the enemy at that time or during the day?
A: Not that I am aware of, anything further than from one deserter that came in.
Q: Can you state now from anything you have learned since what was the whole strength of the enemy passing in front of you?
A: If should give my opinion, (27) I should say some 4,000 passed us on that ridge.
Q: Wasn’t it the advance of Price’s Army?
A: All I can say is from what that deserter reported that came in.
Q: You stated I think that they were passing some five (5) or six (6) and passing rapidly?
A: Yes sir – they were passing in great haste but not in a heavy force at the time – it seemed to be a line without any system or order about it. It seemed as if it was every man for himself.
Q: Didn’t you say that at times they were passing in close columns?
A: What I meant by close columns was that the train was closed up – there was nothing of the appearance of an army passing in force.
Q: You yourself didn’t send out any scouts to ascertain what the enemy’s force was?
A: No sir.
Q: You didn’t know whether Genl. McNiel did or not?
A: I know that three (3) of my men went out with Genl. McNiel’s direction to ascertain who they were.
(28)
Q: The Blue was between you and the enemy’s force at the time?
A: Yes.
Q; What was the character of the country between you and the enemy?
A: The Blue runs in a deep bottom, with thick brush on both sides most of the way – where we crossed it was a good crossing open country on both sides.
Q: Was there more than one crossing in that vicinity?
A: No sir, I think only one.
Q: What time was it that you heard the sound of battle at Westport or Kansas City?
A: The first guns were heard very early in the morning, shortly after day light.
Q: Do you know the distance of your position from Westport at that time?
A: I do not, I never was at Westport.
Q: Do you know the distance to Kansas City?
(29)
A: I do not.
Q: You don’t know then where this firing was that you heard?
A: It was said to have been in the direction of Westport.
Q: You don’t know what forces were engaged?
A: No sir.
Q: Do you know what distance you were from Byram’s Ford on the big Blue at that time?
A: I do not. I am not acquainted with Byrams Ford.
Q: What character of troops were guarding the enemies train when you saw them passing cavalry or Infantry?
A: The most of them were mounted.
Q: What time in the evening of the 23rd did you and the 7th Kansas cross the Big Blue?
A: I should judge it was about 2 o’clock in the afternoon.
Q: It was after you crossed that the enemy opened on you with their artillery?
(30)
A: they had arrived before I crossed. A part of the 7th Kansas had crossed before me. When I got there I saw a line of skirmishers on the Blue and I could only tell it to be our line by some firing.
Q: Do you know how many pieces the enemy opened with?
A: two.
Q: Did they only open from one position with artillery?
A: They moved their positions sir.
Q: You are sure there was not firing from two (2) batteries on that occasion?
A: I am not sure.
Q: How many guns did the 7th Kansas have with them?
A: There were two (2) pieces of artillery with the brigade, not with the 7th Kansas, and there were also two (2) mountain howitzers with the 5th M. S. M.
Q: This stream that you crossed was only a branch of the Blue?
A: I do not know – I supposed it to be (31). The Big Blue – there was but very little water in it however.
Q: What time in the day did Genl. McNiel open with his artillery?
A: It was at the same time that we advanced over the stream.
Q: About 2 o’clock?
A: Yes sir, I think so.
Q: What time was it that you state that Genl. McNiel withdrew his forces?
A: I don’t think I stated, I should judge it was about 3 o’clock when we came back and found the line on the hill.
Q: Wasn’t that for the purpose of securing a commanding position – a strong position?
A: I do not know what purpose Genl. McNiel had.
(32)
Q: Wasn’t it a stronger position, than the one before occupied?
A: Yes, a stronger position for him to defend until he could have go the road on which the enemies forces were traveling upon – it was a position altogether out of the way of the enemy.
Q: When you halted at the Trading pOst – that was on the 25th about 3 o’clock?
A: Yes.
Q: How long had the brigade been on the march at that time?
A: I think we started between 8 and 9 that morning and marched all day and all night until 2 or 3 o’clock in the morning.
Q: Had you had any forage or provisions for the horses during that time?
A: No, not during that time.
Q: Were rations distributed among the men after you halted?
A: No, not at 3 o’clock.
Q: Was that the time that you spoke of when your force was dismounted to get forage.
(33)
A: In the morning after light we moved down two miles into the timber and there we dismounted.
Q: Rations were distributed then that morning?
A: Yes sir.
Q: How – what kinds of rations?
A: I think there was nothing but hard bread – there may have been some meat.
Q: The men didn’t stop to cook or anything of that sort – there were no rations that required cooking?
A: No sir. I am not positive but there may have been one day’s rations of meat – it was a small ration that was issued.
Q: These rations were distributed whilst the men were still mounted?
A: They were dismounted.
Q: You don’t mean by dismounted that they went into camp?
A: No sir, the brigade was standing (34) there in line of march ready to move at any time as soon as mounted.
Q: You didn’t hear the sound of the engagement until just before you moved?
A: Yes sir, sometime before.
Q: How long before?
A: Well, I should judge an hour and a half or two hours. We heard it early in the morning at break of day.
Q: You stated in your examination in chief that you heard the sound of battle a short time before you moved?
A: Before we moved first – before we moved down to the rise. The first sound of an engagement, I suppose, was the engagement about the Trading Post – the enemy halted in there that night.
By the Judge Advocate
Q: Do you know where the road called the Military Road is located?
(35)
A: I believe we came onto a road after we crossed the Big Blue which they said was the military road – that is all I know about it.
Q: Was that the road upon which the enemy was passing?
A: Well sir, I couldn’t say. After we moved down that morning we passed Santa Fe to our right; we came to a road which Genl. Blunt’s forces came in, and I supposed that to be the military road, but the road the proximity to the Big Blue, if that was the Big Blue that we passed – I supposed it was – the country was entirely new to me.
By the Court
Q: You say you left Santa Fe to your right?
A: I think sir to our right.
Q: When you marched down?
A: I only saw Santa Fe at a distance, and I supposed we passed it to our right. I didn’t see it when we passed it.
(36)
Q: What time was it when you halted on the road from Independence to Santa Fe for the night?
A: I think it was towards 3 o’clock in the morning.
Q: You speak of there being a force of the enemy that drew up in line of battle in front of you there – how large a force was that?
A: I should say about 500.
Q: Mounted?
A: Part mounted, and part of dismounted.
Q: Was that after the 7th Kansas moved across the Big Blue?
A: It was while we were moving down to the Big Blue. When we got to the bottomof course that force was out of my sight – it might have increased – they seemd to be bringing men to the front.
Q: How far was that line from the Big Blue Crossing?
A: I should think well in to ¾ of a mile. It was up on a height of ground.
(37)
Q: And how far did your line advance towards it?
A: My line did not advance towards that formation – it advanced more to my right on the flank of their line that was passing – on the train that was still back in the road of where this formation was.
Q: Still further north on the road?
A: Yes – we approached the Big Blue not at right angles.
Q: How near did you come to their line?
A: My skirmish line went up in short range on the flank – we had some flankers out.
Q: Did they make any disposition to meet your threatened attack?
A: No, none whatever – I don’t think it was discovered – the bushes were very thick there.
Q: Did you skirmish line open fire?
A: They did not.
Q: By whose order was your line recalled?
A: I can only say that I was leading (38) the head of the column, and got down to the bottom of the Big Blue, and major Fisher sent forward to me that there was an order for the Brigade to move back and support a battery. I asked him from whom the order came, he said an orderly had brought it. I turned the head of the column back under the command of Major Fisher to support the battery, and waited until I got my skirmish line in before I returned.
Q: Where was the battery?
A: The battery was to our left I think – on the hill.
Q: It was then that your regiment was drawn back and put in line of battle on the east side of the Big Blue?
A: Yes sir.
Q: Where were the guns that Genl. McNiel fired at the enemy?
A: they were on the east side of the Blue.
Q: Where was this line of the enemy with reference to their passing column, their (39) moving column – was it East of the road on which their column was moving?
A: I judge it was immediately upon the road – it was a piece of open ground, prairie.
Q: You speak of there being 4,000 of the enemy in your opinion that passed within what time do you think 4,000 passed?
A: Say from 10 to 3 o’clock.
Q: when you halted down near Santa Fe were you marching with any regiment immediately in front of you?
A: We did not halt near Santa Fe.
Q: I mean near Trading Post – thirty (30) miles from Trading Post?
A: Yes sir, there were other troops there in the road, Kansas troops, whom we passed when we went to the front.
Q: Belonging to Genl. McNeil’s Brigade?
A: No sir, they belonged to Genl. Blunt’s command of Kansas troops, I think, I am not positive there were any troops on the road when we halted, but when we moved there were troops on the road and moving. The Col. Commanding asked me if I was a part of (40) Genl. McNeil’s brigade. I said I was, and he said his orders were to wait until his brigade passed.
Q: How far was that in advance of the point where you stopped from the rest?
A: Some two miles or more – just after we struck the woods – went into the woods. It was after we passed the Trading Post that I met this colonel who was in command.
By the Judge Advocate
Q: I will ask you f you have examined a map of Jackson County?
A: Yes sir, I have been looking at this map.
Q: Now will you state where the military road is located; the road upon which the enemy was passing on the 23rd?
A: From the map I should suppose this to be the road leading from Westport south, passing to the right of Hickman’s Mills – it may go through Hickman’s Mills – it this is a correct map this stream moving from Hickman’s Mills into the big Blue must have been the stream we were on, we on one side and the enemy on the (41) other. I had supposed Hickman’s Mills were on the Big Blue.
The stream you were on was the same stream Hickman’s Mills were on?
A: Yes.
Q: and that is a branch of the Big Blue?
A: Yes, as laid down here.
By the Accused
Q: On the evening of the 25th or morning of the 25th when you passed the Kansas troops under command of Genl. Blunt, and halted was not genl. Sanborn’s brigade in front of you – when you halted at Trading Post or two (2) miles from it?
A: Yes, Genl. Sanborn’s brigade moved out in advance of us.
By the Court
Q: When? That morning?
A: Yes, when we first moved.
Q: How much before you?
A: I don’t know – I didn’t see them move, they were encamped on our right.
(42)
Q: Were they in advance of you on that march.
A: Yes.
Q: And you don’t know how much in advance of you they moved?
A:No sir.
Q: Did they halt at the timber where you halted?
A: I don’t know.
Q: You didn’t see them afterwards?
A: No sir.
The Witness then retired.
Nelson Cole, Colonel 2nd Mo. Lt. Artillery, a witness on the part of the prosecution, was duly sworn in the presence of the accused and examined.
By the Judge Advocate
Q: State your position in the service in the latter part of October this year?
A: I was Colonel of the 2n Mo. Artillery – Chief of Artillery in the Department of the Missouri and (43) Acting Chief of Staff and of Artillery for Major General Pleasanton, who commanded the Cavalry Division in pursuit of Genl. Price.
The Judge Advocate then read to the court the paper hereto annexed marked [A], the accused admitting that the same is substantially a copy of the order served upon him.
-A-
Headquarters Cavalry Division
Independence October, 22, 1864
To: Brig. Genl. John McNeil Comdg. 2nd Brigade.
The Major General commanding directs that you move your Brigade on the road to Little Santa Fe and cross the Blue at that point tonight – tomorrow move on the Military Road and strike the enemy if possible.
(signed) N. Cole
Col. & Chief of arty.
A true copy
C.Thomson, 1st Lieut. & ADC
Q: I will ask you at what time in the day, on the 22nd that order was issued?
A: Late in the afternoon, probably about 4 o’clock – 4 or 5.
Q: Do you know of any other orders than that issued on the 23rd to Genl. McNeil by Genl. Pleasanton.
A: I do not.
(44)
Q: Do you know of any other orders that were issued on the 25th?
A: Nothing, excepting verbal orders sent by Aides to Genl. McNeil to bring his brigade to the front.
Q: Can you state where Genl. Pleasanton’s headquarters were on the night of the 23rd of October, 1864, or whether there was any communication between Genl. McNeil’s brigade and headquarters?
A: There was nothing known where Genl. McNeil was that night.
Q: Of how many brigades was Genlo. Pleasanton’s force composed?
A: Four.
Q: Will you mention them?
A: Genl. McNeil’s, Genl. Brown’s, afterwards commanded by Col. Phillips, Col. Benteen’s and Genl. Sanborn’s. Col. Winslow’s brigaded by him until he was wounded at the Big Blue, and afterwards was commanded by Col. Benteen.
Q: Will you state the line of march from Independence of each of these brigades?
A: Genl. Sanborn’s Genl. Brown’s and Col. (45) Winslow’s brigades crossed at what I suppose is marched here as Byram’s Ford – crossed the Big Blue.
Q: What was the direction of that road across the Big Blue?
A: Where it crosses the Big Blue it is west-south of west as laid down on this map. The general direction of march from Independence towards Little Santa Fe would have been a south westerly course.
Q: How long did you travel after crossing the Big Blue before you took a southerly direction?
A: I should say about five (5) or six (6) miles – about six (6) miles. I think that after we struck the prairie one course was nearly due south in going towards Santa Fe.
Q: At what time did the battle open at Kansas City and Westport on the morning of the 23rd?
A: I should say about day break with Blunt’s force.
Q: Did you make a junction with Genl. Blunt’s force on that day?
A: We did.
(46)