Proceedings of General Court Martial in the Case

Of Brig. Genl. E. B. Brown

2nd Day

St. Louis, Mo.

10 o’clock a.m.

December 6th, 1864

The court met in 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.

NELSON COLE

Colonel of the 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: What was your position in the military service on the 22nd and 23rd of October 1864? And on what duty were you engaged?

A: I was Colonel of the 2nd Mo. Lt. Artillery of the Department of the Missouri, and in the later part of October was (81) acting chief of staff and chief of artillery for Major General Pleasanton in the field.

Q: What was Gen. Brown’s position at the date of what you speak?

A: He was commanding a brigade of cavalry in Gen. Pleasanton’s Division.

Q: Did you see his brigade on the 22nd?

A: I did.

Q: Where did you see it, and how as the brigade operating?

A: I saw them on the 22nd on the road from Lexington to Independence east of the Little Blue, and west of Big Blue. (This is an error, most likely west of Little Blue and east of Big Blue on the 22nd)

Q: Did you notice that brigade particularly that day?

A: Not particularly, no more than any of the other commands.

Q: Now, I will call your attention to the morning of the 23rd – state if you saw them on that morning, and the condition of the brigade!

A: I saw them on the morning of the 23rd and with the exception of 1st Cavalry I didn’t notice any straggling.

Q: the 1st MSM Cavalry in Gen. Brown’s command?

A: They were sent at once as Gen. Brown’s Brigade was laying in the road, right in front of the headquarters.

Q: Do you know by whom it was sent – whether by an orderly or a staff officer?

A: By an orderly, I think, I won’t be positive, it might (84) have been a staff officer? I was in the habit of sending a staff officer with instructions of that kind – but it is my impression that those instructions were sent by an orderly.

Q: Do you recollect anything about their turn of the orderly?

A: I do not.

Q: Was it considerable distance?

A: I think not – it may have been a couple of miles.

Q: You speak of driving up stragglers – to what (85) command did these stragglers belong?

A: the 1st Cavalry M. S. M. of Gen. Brown’s Brigade.

Q: Now state the condition of the brigade as you found it in passing through it to Genl. Brown? Whether there was any space between the troops, or whether the brigade was closed up or not?

A: With the exception of the regiment I think the brigade was closed up, this regiment was straggling.

Q: Did you notice Capt. Thurber’s battery that morning?

A: It was night, in rear of Gen. Brown’s Brigade.

Q: How far was it from the head of the column, according to your best recollection?

A: A mile or a mile and a half. I took no note of distance. I had been passing right along the column, with nothing else to do. I could have had a better idea of the distance.

Q: Do you know if Thurber’s battery belonged to Gen. Brown’s Brigade?

A: It did that morning. He was ordered to report to Gen. Brown at the same time this order was sent to Gen. Brown.

(86)

Q: What would have been the distance of the brigade had it been properly closed up from Thurber’s Battery to the head of the Column?

A: Something over a quarter of a mile – say a quarter of a mile.

Q: Did you see McFerran that morning?

A: I did.

Q: Did you have any conversation with him?

A: Nothing, except to place him under arrest.

Q: Did you see Gen. Brown that morning?

A: I did.

Q: Did you have any conversations with him?

A: I did not.

Q: State to the court when Col. Winslow’s skirmish line was relieved if at all?

A: I don’t think it was relieved at all, sir.

Q: When you saw Gen. Brown at 8 o’clock what was he doing?

A: I had been detained at the rear. Gen. Pleasanton and his staff had ridden up to the front – as I came up the general had just been put in arrest. I didn’t hear any of the conversation, but (87) I judged from the appearance of things, that he had been put under arrest – he was sitting on his horse.

Q: Do you know what regiments were under Gen. Brown on that?

A: A portion of them.

Q: Can you name them?

A: The 1st Cav., the 4th, the 7th. I can’t think of any other now – these I recollect.

Q: Do you recollect the order in which the brigade was formed – which was the first regiment?

A: I think the 7th was in advance, and the 4th next.

Q: Were they in motion when you came up?

A: No, they were at a halt.

Q: Can you state the condition of the regiment at that time – the 7th regiment and the 4th?

A: the 4th I think was mounted. The 7th either a portion or all of it was dismounted, or about dismounting.

Q: How far was the advance of the brigade from the skirmish line?

A: Probably 200 yards.

(88)

Q: Was the brigade in a condition to go into battle when you saw it that morning at 8 o’clock.

A: It wasn’t.

Q: Was the advance regiment or any portion of it in a condition to relieve the skirmish line?

A: They were preparing to do so – yes sir. Tey were either dismounted or dismounting for that purpose.

Q: Was the west regiment the 4th?

A: So far as I know it was.

Q: and that is as far as your recollection extends with regard to the regiments an the order they were in?

A: Yes – excepting that 1st M. S. M. of which I have already spoken.

CROSS EXAMINATION BY THE ACCUSED

Q: Do you remember about Genl. Browns Brigade going into action on the 22nd?

A: Gen. Brown’s Brigade was ordered to the front and passed through Independence. I was there when it passed through.

(89)

Q: Did you see it pass through Independence?

A: I did.

Q: Did you halt any portion of it as it passed through?

A: A section of artillery that was with his brigade was halted.

Q: And were there two (2) regiments in the rear support the artillery?

A: they were not halted.

Q: The artillery was in advance of them, was it not?

A: Yes sir.

Q: How long was that artillery halted there by your order?

A: almost an hour and a half.

Q: Did you, when you halt this section of artillery, report to Gen. Brown that you had so halted it?

A: I did not.

Q: Do you remember of Gen. Brown sending back for that artillery after he went into action.

A: No, it did not.

Q: Who was in command of that section of artillery?

A: Lieut. Washington.

Q: Did any artillery go into action that night?

A: No, none at all. I will state that the night belonged to Gen. Brown’s brigade and the other brigades were ordered up prior to our getting to Independence, when we commenced fighting at Independence I ordered the artillery to the front, not knowing but we might need it.

Q: Did you at any time that day inform Gen. Brown that the artillery was detached from his brigade?

A: The staff officer who went back to order it up I presume did so, I did not know anything about that of my personal knowledge.

Q: In reference to this order of the s23rd, which you wrote, was the envelope enclodisng it returned to you?

A: I do not recollect.

Q: In whose possession would that paper be?

(91)

A: I was not present.

Q: When you speak about the time of 8 o’clock on the 23rd did you look at a watch at that time, or how did you fix the time?

A: Judging from the lateness in the morning I said about 8 o’clock.

Q: You stated that at that same time that this order was sent to Gen. Brown to advance an order was sent to Capt. Thurber to report to him – do you know whether he ever did report to Gen. Brown.

A: I do not – I will correct that answer. I ordered Capt. Thurber myself to report to Gen. Brown.

Q: You do not know whether he did report to him or not?

A: No, I do not.

Q: What brigades belong to this cavalry division had permission by order of Maj. General Pleasanton to inscribe ‘Independence’ on their banners?

A: I would have to see the order to answer that – I don’t recollect.

(92)

BY THE COURT

Q: I want to ask you to endeavor in some way to fix the time when your order went off to Gen. Brown – did you look at the same time when it was sent off?

A: Yes, it couldn’t have been dated at that time.

Q: Do you recollect as a matter of fact that you did look at the time?

A: yes sir.

Q: How long after you looked at the time was the order sent off?

A: It wouldn’t have been over 10 or 15 minutes writing the order.

Q: Could you tell how long that was before daylight?

A: I could not.

Q: Do you recollect what you did after that, between that and day-light?

A: I laid down and took a nap.

(93)

Q: At what time did Gen. Pleasanton leave his headquarters?

A: After daylight.

Q: How long after?

A: Half or ¾ of an hour – probably it might have been longer than that – it was that at least.

Q: How long do you think you were in going from gen. Pleasanton’s headquarters to the front?

A: I couldn’t give you a correct answer to that for that for the reasons that I have already stated.

Q: Was the way clear, any considerable portion of it – or was it much obstructed by troops?

A: There were troops standing in the road nearly the whole distance.

Q: Did you note rapidly any part of the way?

A: I don’t recollect.

BY THE JUDGE ADVOCATE

Q: Do you make any distinctions between day break and daylight?

(94)

A: No – when I say day break I mean daylight.

BY THE ACCUSED

Q: Did you mean day light when you wrote that order?

A: My understanding by day break is as soon as it is light – that is my interpretation of the word.

THE WITNESS THE RETIRED

B. F. LAZEAR

Lt. Col., 1st M. S. M. Cavalry, a witness on the part of the prosecution, was duly sworn in the presence of the accused, and examined.

BY THE JUDGE ADVOCATE

Q: Were you under the command under Gen. Brown on the 22nd and the 23rd days of October 1864?

A: The 22nd I was and a part of the 23rd.

` (95)

Q: What position did your regiment occupy in his brigade on the 22nd?

A: Our regiment marched in the rear of his brigade on the 22nd until we arrived at Independence – we were then ordered to the front of the brigade, and ordered to take the advance.

Q: Did you notice Gen. Brown’s Brigade on that day – its marching?

A: Yes, I noticed a part of it.

Q: State whether there Ws any straggling in the brigade?

A: I could not say that there was sir. A part of the time that we were moving up to Independence we were moving very rapidly – it was very dusty, and you could hardly see men in front of you, and you could hardly see men in front of you, and you could hardly tell whether there was any straggling or not. I noticed no unusual straggling.

Q: Was your regiment closed up?

A: Yes, as well as I can recollect it was – we were marching in rear of two pieces of artillery, and we were closed up to them until we were ordered to pass them.

(96)

Q: Do you know where Gen. Brown’s headquarters were on the night of the 22nd?

A: I do not.

Q: How far from Independence did his brigade bivouac on the night of the 22nd?

A: It is hard for me to tell what the distance was – somewhere from 3 to 6 miles, I would suppose, I can’t tell what the distance, never having passed on the road before, and passing it in the night from the manner I did I couldn’t tell. The distance was further than I supposed it ws from what I have heard others say about it since – who were acquainted with the country.

Q: What were your orders the morning of the 23rd?

A: I had no orders on the morning of the 23rd until Col. Cole came back and put me in command of the regiment, and ordered me to move to the front.

Q: Were there any preparations made for battle on the morning of the 23rd by your regiment?

A: I can’t say that there were until about the time we started. We supplied ourselves

(97)

With ammunition.

Q: Was the bugle sounded that morning.

A: I didn’t hear it.

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

A: My recollection is that it was about 8 o’clock or a little after – it might have been about that time. I have no recollection of looking at the time – I think it was about 8 o’clock.

Q: Do you know under whose order – what order it moved, when it did move?

A: When Col. Cole placed me in command of the regiment he ordered me to move up immediately, and I told him as soon as we got ammunition I would do so. I left the regiment myself – before we got up – I was ordered up by Col. Phillips orderly to report to him as staff officer, I left the regiment under the command of Major Niell.

Q: What time was that?

A: After 8 o’clock – between 8 and 9 – a short time after we started.

(98)

Q: Did you move beyond the bivouac of your own regiment before you moved on?

A: No.

Q: Could you see what was doing by the other parts of the brigade?

A: I could see the regiment in front they were gone when we moved, but I don’t know when they left.

Q: What regiment was in your front?

A: I think it was the 4th. We all stopped there in the road the night before.

Q: At what time in the morning as near as you can recollect – was it that your noticed preparations in the camp of the 4th to leave?

A: I can’t say that I noticed any preparations.

Q: The first movement that you made was in obedience to the order of Col. Cole?

A: Yes.

Q: You say that col. Phillips sent for you?

A: Yes.

Q: Were you placed under his orders?

(99)

A: I didn’t know at the time. His orderly came to me and told me that Col. Phillips wanted me to report to him for staff duty – I didn’t understand it, and I called Major Niell up, and placed him in command and made on to the front. Before I got up I saw Gen. Pleasanton – he said there must be some mistake about it. I rode on and came to Col. Phillips and he said it was Lieut. Doyle our Adjutant that he sent for – They were fighting in the advance then.

Q: How far in advance?

A: I don’t think one half a mile in advance where firing.

Q: What was the condition of the 7th regiment?

A: I cannot tell.

Q: Didn’t you pass through them on that morning?

A: Not until we got engaged – they were still ahead – I passed a battalion of the 7th, I think it was the 4th as we crossed the creek – they crossed at the ford, and we at the by-path. The 4th and the

(100)
Balance of the 7th wee in action when we got across.

Q: Did you notice the 4th?

A: No sir, I did not see them – I think they were dismounted and in action at my left. I saw Major Kelly and he told me where he wanted me to send the men.

Q: When you were placed in command of your regiment in what condition did you find it?

A: There were men in different squads armed men getting their breakfast and feeding their horses – scattered about a good deal in the lane and adjacent fields.

Q: How far were the fields from the line of the regiment?

A: They were not in line but in column in lane.

Q: Well from the column?

A: Only a short distance – I can’t say exactly – they had been about considerably that morning before that getting feed.

(101)

Q: Were the horses saddled or unsaddled?

A: Saddled – their bridles off feeding – it took me about half an hour after I received the order to get the regiment ready to move – I recollect that distinctly I was about half an hour getting the regiment moving.

Q: How long after you were placed in command of the regiment was it until you were in action?

A: It was ¾ an hour or an hour – I can’t tell exactly.

Q: Near the Big blue was it?

A: yes, we were not engaged in action until we crossed the Big Blue – we had some men killed