The Missouri in the Civil War Message Board

1st day of Gen. Egbert Brown court martial part 2

A: I don’t think they were very far apart. I don’t know exactly where his headquarters were, but from the position of the troops at night when I passed them, his head quarters could not have been more than half a mile from me.

Q: Then how far would he have been from Byram’s Ford, where he was ordered to march?
A: I should judge about 3 miles, but I didn’t know where his head quarters were. When I passed him on the road he was coming, and I think he closed up.

Q: Was a part of his brigade in motion as you passed him?
A: I don’t remember whether I passed his troops or not. I was passing troops, and I supposed they were his troops, but I passed him, for I spoke to him.

Q: On the morning of the 23rd had any part of his brigade moved?
A: that morning I didn’t see him until I got up near the ford.

Q: How far from the ford did you find him?
A: Half or ¾ of a mile.

Q: Was there any portion of his brigade up with him?
A: Yes.

Q: Do you know what portion?

A: Yes.

Q: Are you certain there was any portion up with him?

A: Yes. I think the 7th M. S. M. was there. I knew Col. Philips was there.

Q: Do you know whether the 4th was there?
A: the 4th was in that fight – whether they were up then or not I couldn’t say, as there were two (2) brigades mixed up a deal along the road.

Q: You speak of there being an interval of two miles in which there were no troops. Was that in front of McFerran, or was there still a regiment in front of him joining him?
A: It commenced shortly after I left McFerran.

Q: What was Gen. Brown doing when you came up with him?
A: He was halted – setting on his horse.

Q: n the road?
A: On the side of the road.

Q: Was any of his Brigade that was up, with him in motion?
A: Not that I could see at the head.

Q: You said that they were out in the fields?
A: No, it is thick woods there.

Q: They were off the road?
A: In the rear there was. In going up, half or ¾ of a mile in the rear I saw some troops in the fields, but where he was there were woods, and you couldn’t see. Then was some firing going on.

Q: You saw no troops in motion?
A: I didn’t see any. I saw no preparation for an attack.

Q: You saw no troops in motion?

A: I didn’t see any. I saw no preparation for an attack.

Q: did you ask him whether he got the order?
A: I don’t remember as I did, because I was under the impression that he got it before I got up there, for I had asked my staff officers.

Q: You don’t recollect asking him anything about it?
A: No I do not. Why? If he had said he hadn’t got the order it would have put a different place on the matter altogether.

Q: Where was Col. Winslow’s Brigade at that time?
A: Still at the front – He made his attack first, and had been fighting all night too. This brigade of Gen. Brown’s after it was brought up, and got into the fight did very well, but it took some time. I suppose I lost an hour and a half because it was not in order, and was very nearly being whipped back from the other side from the straggling conditions of that command. At one time I thought that we would all be driven back into the creek.

Q: That was after you had crossed?
A: Yes, and driven them from their first position.

BY THE ACCUSED
Q: you state that Col. Winslow made the attack first that morning, do you mean by that he made the first attack after the heavy fighting commenced, or that he was skirmishing first?
A: I said that he threw his troops in first on that side of the creek, and in the general engagement they became engaged first.

Q: At the time you got up with Gen. Brown were not a portion of his troops dismounting and forming in the road to move forward – Col. Phillips regiment?
A: I don’t know. I saw some troops dismounted all along the line, but I didn’t see anything that indicated to me any movement at all.

Q: Was Col. Phillips regiment dismounting and forming on him?
A: I didn’t see it. – They may have been I can’t say.

Q: Did you send any order to Col. Winslow in reference to Gen. Brown’s reliving him on the morning of the 23rd or night of the 22nd.
A: Yes, I remember that I sent instructions whether written or verbal, I can’t remember I gave the same information to him as to Gen. Brown, and the object was to relieve his troops. I and I got across the creek together, and I told him I was sorry to call upon his men to make the attack that morning, but it couldn’t be avoided and he answered, General, we will do the best we can. A short time afterwards he came back and said, I must stop. I am shot through the leg.

Q: Did you give orders on the night of the 22nd to halt Winslow’s brigade during that night, until daylight, or until the moon rose?
A: No, I gave him orders the night before to keep moving on the enemy all night.

THE WITNESS THE RETIRED
J. B. SANBORN Brigadier General U. S. V. a witness on the part of the prosecution, was duly sworn in the presence of the accused and examined by the Judge Advocate.

Q: Where were you on the morning of the 23rd October 1864, and in what duty were you engaged?

A: I was on the right of the road leading from Independence to Westport by Bryam’s Ford, about 3 ½ miles West of Independence. I was commanding the 3rd Brigade of the provisional Cavalry division of Missouri Troops.

Q: How was your brigade in position as regards to Gen. Brown’s Brigade?

A: The head of my column was resting on the north side of the road, and extended up to Rocky road, and extended up to rocky Creek. The rear of Gen. Brown’s Brigade was to my right, wet about half a mile on the road.

Q: Do you know what command was in front of Gen. Brown?

A: It was reported that Col. Winslow’s was in front of him. I saw him the next morning. That night what I knew, I only knew from report.

Q: Do you know where Gen. Pleasanton’s Headquarters were the night of the 22nd?

A: In a small shanty or house just n the rear of Gen. Brown’s brigade on the left hand side of the rode as you move west.

Q: How far were Gen. Pleasanton’s Headquarters from where Gen. Brown Gen. Brown stayed that night?

A: A half or ¾ of a mile.

Q: State what orders you received on the morning of the 23rd and at what time you received them?

A: Between half past 4 and 5 I received an order to move at once in support of Gen. Brown’s Brigade and to keep well closed up on him – that is the substance of the order. I was asleep when the order came, and read it by the fire. I had simply no time to order the troops to march.

Q: Was your command in readiness to move?

A: They were asleep and the horses unsaddled but it was bright morning, and it was not to difficult for them to saddle and prepare to move. I had them in motion at 5 o’clock.

Q: At what time in the morning did you see Gen. Brown?

A: I saw him between ½ past 5 and 6 o’clock.

Q: When did you see him?

A: At the place where he had bivouacked for the night, about ¾ of a mile to the west of where the head of my column had rested on the left hand side of the Independence and Westport road in the timber.

Q: What was he doing at that time?

A: He was up – he was having some coffee made, and there was nothing further than this being done at that time.

Q: Were any of his troops in motion?

A: Not at that time.

Q: Did you have any conversation with him, if so state what it was?

A: I had conversations with him – I can’t state the conversation precisely. I recollect the substance of it. I think I asked him what his orders were, and his answer was to move at day light. He seemed to feel a little dissatisfied with the conditions of the order, that it implied censure. He showed me the order. From that he asked me to take a cup of coffee which I did, and there was nothing further that I remember. He sent for Col. Phillips some 15 or 20 minu8tes after I got there. Phillips came up in pursuance of a request sent by General Brown, and he gave him his orders, that he was to have the advance, and for him to move out as soon as he could get ready, and very soon after taking.

Q: In that conversation did Gen. Brown state to you at what time he received the order?

A: He did not, that I recollect.

Q: What was going on in front of Gen. Brown’s brigade at that time you were at his headquarters?

A: There was no firing going on at all. Gen. Brown stated to me in that conversation that Col. Winslow still held the advance as we were looking over the order – there was no firing at that time that I was there – that is that we could hear.

Q: Do you know how far Col. Winslow was in advance?

A: Only from report, I don’t know personally. I was at Gen. Pleasanton’s Headquarters between 10 and 11 the evening before and a dispatch came from Col. Winslow stating that he was some 5 or 6 miles in advance – had become so dark that he didn’t deem it safe to advance any further.

Q: After you had this conversation with Gen. Brown did his brigade move immediately?

A: Well from my best recollection he moved with the brigade, perhaps 40 or 50 minutes from the time I got there. I was from half an hour to an hour after I got there before he started. I knew the coffee wasn’t made when I got there. These troops moved off. The advance of his brigade was moving when he moved. I was delayed a good while after he and his staff officers left. Thurber’s battery by order led the advance of my brigade and was on the extreme rear of his brigade. It was 7 o’clock when the head of my command got to where Gen. Brown had bivouacked personally that night. I stayed there and sent back a staff officer to bring them up as fast as the road was cleared – then I saw nothing more of his rear – it moved very rapidly – faster than I could move by a rapid swinging walk with my cavalry and I didn’t see his rear again until we were in the engagement beyond the Big Blue.

Q: At what time did the fighting commence on the morning of the 23rd?

A: The first indications that I had of fighting was the report of artillery in the front, and it must have been nearly 8 o’clock. My impression in that I had marched 3 or 4 miles, and is after I had the last start – so that I infer that the battle commenced about 8 o’clock. Suppose skirmishing had commence earlier, but I don’t think I would have been likely to have heard it, if Col. Winslow was as far in advance as I supposed he was during the night.

Q: Was the enemy retreating at this time?

A: They retreated during the night. They made a pretty stubborn stand and in a very favorable position on the west side of the ford. They were stubbornly when I came up. I moved to the left when I came to Winslow’s rear, and tried to force my way to the front outside of the road, and I came to a precipice by the side of the rise down which it was impossible to go with cavalry. I tried alone and below to cross and came back to the road where the troops had gone down – when I got there, there were special orders for artillery to move up. I was delayed there and was in sight of the lines on both sides. There were two or three advances on our side which proved successful but the enemy was just giving way when I crossed.

Q: How far did they retreat on the night of the 22nd?

A: My judgment is that it was from the position when they had their stand at 8 o’clock of the 22nd to when they made their stand on the morning of the 23r fully 7 miles – 7 or 8 miles, I speak more of the stand made on the evening of the 22nd near where Gen. Pleasanton had his Headquarters where they made a pretty stubborn resistance.

Q: Was your position the same on the 22nd as on the 23rd in the rear of Gen. Brown’s Brigade?

A: No - we had changed positions entirely. My position was the same with another brigade. Gen. McNeil held the advance on the 22nd on account of delay Gen. Brown moved forward of me. Gen. Pleasanton asked me if I couldn’t turn the enemy’s left in some way, and then he said I had better move right along and try to reach Blunt, Curtis at Westport. I moved off without any position orders, passed his left across rock Creek, and tried to get to the enemy’s rear, and were in the rear of the firing at one time something like a mile, and in trying to find a road to bring me to his flank I came out about ½ mile in front rather than in rear of him. It came dark when I was in the woods on the enemy’s left, and I had to take such roads as I could find.

Q: You didn’t see much of Gen. Brown’s brigade on the 22nd?

A: I saw it pass through Independence, that is all I saw of it. My understanding was that it was some distance in rear from where we camped, and I was not expecting to see it there. Gen. McNeil’s Brigade and mine were camped together the night before, and neither Col. Winslow or Gen. Brown was with us.

Q: Did you notice any straggling of Gen. Brown’s troops on the 22nd?

A: No – all I saw was that he went through town on the full, and I supposed all the brigade was up.

Q: You saw but very little of it that day?

A: that is all I saw.

Q: what was the condition of the Brigade of Gen. Brown on the morning of the 23r4d?

A: I didn’t think the Gen. was up to the extreme front. Col. Phillips he came from the front when Gen. Brown sent for him. It was in sort of a disordered state. As I was riding along towards Gen. Brown’s headquarters I spoke about it. I was in doubt whether the troops were just going into camp or about to move out – Some were bringing corn from the fields on the horses, and some were cooking, and they were in just such a state as troops are when they stop at a place where they expect to remain some time.

Q: To what portion of the troops of his brigade does that apply?

A: they said they were the 1st M. S. M. I asked them why they were not moving, and one officer said they confused the rear guard of the brigade, a great many horses were not saddled, and after the general started these troops went straggling up. Some of Gen. Pleasanton’s staff came up and hurried them, and they commenced moving on in squads of 5 or 8. They seemed to move as if they didn’t know they were going to move until they were going to move until l just the time they started.

Q: Did you notice any straggling in any of the regiments that the first?

A: I did not.

Q: Your advance was very near Thurber’s battery?

A: Yes.

Q: What was the condition of that?

A: My recollection is that their horses were hitched to the guns and eating, but seemed to be ready to move whenever the road was clear.

CROSS EXAMINATION BY THE ACCUSED

Q: Did you get any orders to halt during the night of the 22nd?

A: I did not – perhaps that answer is too broad – after I brought the head of my column to the road – it was the time Col. Winslow was fighting at the edge of the woods. I inquired to know where Gen. Pleasanton was, and told him I had come out on the road in front of the enemy rather than in his rear. The only order I got was to remain where I was until further orders. I got that by going to Headquarters and I went back bivouacked.

Q: And unsaddled?

A: Yes – that was my own orders. It was a bright moonlight night and it would answer to do so.

Q: Do you remember that you read it by fire light?

A: Yes, I read it by his camp fire.

Q: Do you know whether his bugles had sounded at that time?

A: I do not. I had heard bugles before getting up there – I supposed they were his – I recollect that now – I hadn’t thought of that since.

Q: You speak of the enemy’s making a stubborn rear stand in the afternoon of the 22nd west of Independence – who, was engaged at that time?

A: All I know is Gen. Pleasanton told me he had ordered Gen. Brown to go there and from the firing inferred that it was a stubborn stand.

Q: What time in the afternoon did Gen. Pleasanton tell you that?

A: Not far from 2 o’clock and right at the court house square on Independence that we had this conversation, and that was the last I saw of Gen. Pleasanton before late in the evening.

BY THE COURT

Q: Where were you when you heard the bugles sound?

A: My recollection is that these bugles sounded just as I marched out into the road, which I think was 5 or 10 minutes past 5 o’clock.

Q: You didn’t know what call they sounded?

A: No sir, I don’t recollect the call – I recollect what I supposed it was – that it was recall, but I am not certain about that.

Q: Gen. Brown showed you the order that he had received?

A: Yes.

Q: Did he state to you at what time he received it?

A: I can’t recollect whether he did or not. I didn’t think he did.

Q: Did the order that you received contain the substance of the order that he received?

A: No, my order was to move forward and support Gen. Brown and keep well closed up with him – my order was not over 6 or 7 lines in length.

Q: How long before you moved after receiving your order?

A: 15 minutes.

Q: How far were you from where Gen. Brown began?

A: My advance was not more than 400 yards from Thurber’s battery which was his rear but to give Gen. Brown’s headquarters it was half or ¾ of a mile. Gen. Pleasanton was between my headquarters and Gen. Brown’s.

Q: Could you tell whether Gen. Brown headquarters were in advance of the head of the 1st regiment – of the 1st MSM?

A: I should think his headquarters were in advance of that regiment some little distance. My idea would be that it was between the head of the 1st and the 2nd regiment coming from the rear of his brigade. It was on the left hand side of the road.

Q: You count Thurber’s battery in the brigade?

A: Yes sir.

Q: Did you notice whether the same apparent want of preparation existed as to the 2nd regiment – the regiment just in advance of the 1st M. S. M.?

A: My recollection is that the 2nd regiment had all their horses saddled and hitched up by the side of the road.

THE WITNESS THEN RETIRED.

GEORGE W. YATES* - Captain of the 13th Missouri Cavalry, A. D. C. for Major Genl. Pleasanton, a witness on the part of the prosecution, was duly sworn in the presence of the accused and examined.
(*Later Captain, Co. F, 7th U. S. Cavalry, Killed in action with Custer at the Little Big Horn, June 25th, 1876.)

BY THE JUDGE ADVOCATE

Q: Did you occupy that position on the 23rd of October 1864?

A: Yes sir.

Q: State to the court what orders you conveyed from Gen. Pleasanton to Gen. Brown on the 23rd October 1864?

A: It was a verbal order, ordering him to move immediately and relieve Col. Winslow then fighting the enemy on this side of the Big Blue, an I had understood that a written order had been sent up the night before to the same effect – this was shortly after day light.

Q: At what hour was this?

A: It must have been 5 o’clock or thereabouts, sir.

Q: Was it daylight?

A: Yes sir.

Q: What was Gen. Brown doing?

A: He had moved out from his headquarters, and was sitting on his horse on the road and his troops were in columns of fours, on a halt in the same road. The troops some of them were dismounted.

Q: Do you know what regiment that was?

A: It was Col. Phillips regiment, the 7th M. S. M. because I recollect that the Lieutenant Colonel took command, and moved his skirmishes into the woods after Gen. Brown was relived.

Q: What did Gen. Brown say when you delivered this order to him?

A: I don’t recollect – not much of anything.

Q: Did he move immediately?

A: No, he did not, there was no movement made until Gen. Pleasanton arrived on the field, and he at once relieved Gen. Brown, and the order was given to Col. Phillips, who advanced the 7th M. S. M. into the field as dismounted skirmishers.

Q: Do you know how far this was from where Gen. Brown or Gen. Pleasanton head quarters were the night before?

A: It was to the best of my knowledge and belief 2 miles or two miles and a half – I don’t think it could have been further than that.

Q: Do you know where Gen. Brown’s headquarters were?

A: I do not.

Q: You were speaking of the distance from Gen. Pleasanton’s headquarters?

A: Yes to when I saw Gen. Brown that morning.

Q: At the time that you delivered this order to Gen. Brown – was there fighting going on in front – did you hear any sounds of battle?

A: yes sir, I heard some few shots, skirmishing with Col. Winslow’s skirmishers – an occasional shot or two but no fighting at all.

Q: From the sound how far do you judge it was to the front, from where you had the conversation with Gen. Brown?

A: Two miles to Col. Winslow’s front?

Q: At this time was Gen. Brown’s command in motion?

A: No - it was not.

Q: State particularly the conditions of his command at that time?

A: I didn’t know his entire command – what it consisted of, but I didn’t know then as I passed them, but as I passed along the road from Gen. Pleasanton headquarters the troops were considerably scattered and s I rode up to Gen. Brown I saw a great many dismounted men standing in the road, and the lead horses, each man with 4 horses in the rear of them, and they had been apparently moving for they were massed on the road preparatory to making their movements.

Q: Did you notice Gen. Brown’s brigade on the 22nd?

A: Yes, I was with it part of the time.

Q: State if you noticed any straggling or falling back?

A: No sir, I didn’t notice any one the 22nd - I saw his lines engaged – he was skirmishing at the time I was with him. I was sent to watch his lines, and I saw his skirmishers engaged part of the time very hotly.

Q: Do you know the distance from Gen. Pleasanton’s headquarters on the night of the 22nd to Byram’s Ford?

A: I do not sir.

Q: Have you any judgment as the subject?

A: No sir.

Q: Were you present when Gen. Brown was relieved?

A: Yes sir.

Q: Was Col. Winslow present?

A: I can’t remember sir. Gen. Pleasanton’s staff was there and several other officers – I remember Col. Phillips was present.

Q: I understand you to say that Gen. Brown in the mean time had not arrived?

A: He had not arrived.

CROSS EXAMINATION BY THE ACCUSED

Q: When you got up to Gen. Brown was he talking to Col. Winslow?

A: I don’t remember seeing Col. Winslow at all.

Q: Whereabouts was the 7th, Colonel Phillips Regiment at that time?

A: I remember they were in front of his brigade.

Q: How near to Gen. Brown?

A: He was in advance of his at the head of the column.

Q: Were they dismounted and ready to go into action at that time?

A: No, they were in columns of fours, and dismounted – but they were in timber, and I suppose could go into action in that way as well as any other.

Q: At that time had Col. Winslow’s skirmishers crossed the Big Blue?

A: I don’t know.

Q: Do you know whether the enemy was in force at the Big Blue?

A: I don’t think he was.

Q: Do you know whether the enemy was in force at the Big Blue?

A: I don’t think he was.

Q: Do you know whether there was any fighting at the Big Blue that morning.

A: Yes, after we crossed the Big Blue.

Q: Did they oppose your crossing?

A: They did somewhat.

Q: How far was if from where you met Gen. Brown to the Big Blue – Byram’s Ford when you crossed?

A: I don’t know the exact distance. I couldn’t say as to distance, but I am under the impression that it was 2 miles from where Gen. Brown’s forces were massed in the road to Col. Winslow’s front.

Q: You didn’t see Col. Winslow’s front did you?

A: No, but I know about where it was.

BY THE COURT

Q: Was there any other regiment up with Gen. Brown, besides Col. Phillips?

A: I am under the impression there was – although the troops were a good deal scattered in the rear, but I supposed from what I saw that Col. Phillips entire regiment was dismounted, and there we mounted men in the rear of the led horses.

Q: Do you recollect the positions of Thurber’s Battery as you rode by?

A: I saw it in parks.

Q: Did you see a regiment near that – in front of it?

A: I don’t remember about that.

Q: Do you recollect seeing any considerable open space, when there were no troops at all between Thurber’s Battery and when you saw Gen. Brown?

A: Yes.

Q: How big a distance was that?

A: I suppose there was a distance of an eighth of a mile in two or three places in riding along the line. I recollect seeing horsemen each side of the road, saw mounted and some dismounted.

Q: how far do you think Gen. Pleasanton’s headquarters that night was from Independence?

A: They must have been, I think, between 5 and 6 miles.

BY THE ACCUSED

Q: Was not Col. Winslow’s brigade, when you arrived at the front moving out to the night, to give Gen. Brown’s command the way to pass?

A: I don’t remember seeing his command at all.

Q: No part of it?

A: No portion of it.

THE WITNESS THEN RETIRED.

HENRY SUESS, Major, 7th 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: On what duty were you engaged on the 22nd and 23rd days of October 1864?

A: I was acting A. C. C. to Major General Pleasanton.

Q: Did you see General Brown’s Brigade on the 22nd?

A: I did.

Q: Did you notice any straggling or falling behind on that day?

A: I am a little confused about the date the 22nd & 23rd. I noticed about 100, from 80 to 100 men of the 1st Cavalry straggling behind their command.

It was the evening of the 22nd just after passing through Independence. They were on the left hand side of the road. General Pleasanton asked me to see who they were. I inquired. And the answer was that they belonged to the 1st M. S. M., and that they were left there without orders. I pushed them forward and ordered them to go to their regiment.

Q: What were they doing?

A: They were mostly dismounted, and standing a little to the left of the road, near a wooden bridge across a low place in the road.

Q: Was fighting going on at that time?

A: Not that I know of. I was too far in the rear to know. The advance must have been some 2 or 3 miles ahead. I was with Gen. Pleasanton at Independence, and was delayed there some little time writing dispatches and orders – we were then going out of Independence trying to come up with the advance.

Q: How soon after that did you reach the advance?

A: We did not reach it that night. We came to within a thousand yards of an advanced skirmish line, and stopped there in an old out house.

Q: How far was that from Independence?

A: I am not certain about the distance, but I should judge about 4 miles.

Q: Do you know anything about the orders that were issued to Gen. Brown on the morning of the 23rd?

A: No sir. I did not. After we made headquarters at that old house I knew that Capt. Ghompson sat down to write orders, and I went outside and I spread my blanket and went to sleep.

Q: What time the next morning did you see Gen. Brown and his command?

A: I saw him about 8 o’clock.

Q: Where?

A: About half a mile or little more this side of the Blue – the east side of the Blue.

Q: What was he doing at that time?

A: He was standing alongside the road and directing some movements of his troops.

Q: At 8 o’clock?

A: yes sir. He sent me ahead to find where Gen. Brown.

Q: Was Gen. Pleasanton present?

A: He wasn’t present when I came up with Gen. Brown. I came up in advance of Gen. Pleasanton probably 500 yards, he sent me ahead to find when Gen. Brown was. I saw him and went back and met Gen. Pleasanton, and came on up with him to Gen. Brown.

Q: How long did you see Gen. Brown before Gen. Pleasanton saw him?

A: five or 10 minutes.

Q: Was his command in motion?

A: No his advance was stopped. The advance of the 1st regiment of his brigade was 50 or 100 yards in advance of Winslow’s Brigade which was on his right, and I think a part of Gen. Brown’s brigade was dismounting. At that time there was a portion of Winslow’s brigade just on the right Gen. Brown’s brigade – while Col. Winslow had a lot of skirmishes in front..

Q: What was the condition of Gen. Brown’s brigade at the time you passed through it?

A: The 7th M. S. M. was closed up. After the 7th was Col. Winslow’s brigade and crowded in between the 4th & 7th for four or six hundred yards, and then the 4th regiment was close up under Major Kelly. Col. McFerran’s regiment was very badly scattered for a mile and a half or two miles. That was when I found it in passing through the 1st M. S. M. first, then Winslow’s brigade, then the 4th Regiment with Winslow’s brigade on its right, then the 7th – both brigades in columns of fours along side of each then in the road, with timber on both sides of the road.

Q: What time was it when General Brown was placed in arrest?

A: I should judge about 8 o’clock.

Q: Did you notice Thurber’s battery in passing to the front?

A: I think I noticed 2 of his guns, probably 4, I suppose it was Thurber’s battery.

Q: How far were they from where Gen. Brown was arrested?

A: I could not tell you for I have never thought of it since.

CROSS EXAMINATION BY THE ACCUSED

Q: you speak of it being 8 o’clock, did you look at a watch?

A: No, it is my judgment.

Q: On the afternoon of the 22nd where was it that you met these men of the 1st M. S. M.?

A: About half a mile west of Independence.

Q: What time in the day was it?

A: In the evening, an hour or ¾ of an hour before dark.

Q: Was it after the action was closed in which Gen. Brown’s brigade was engaged?

A: It was a short time after the two forces of artillery were taken by Gen. McNeil’s brigade, Col. Catherwood’s regiment.

Q: Was there any fighting going on at the time?

A: I do not know. I suppose there was.

Q: Was there any officers with these men?

A: I did not notice any. They were apparently stragglers from the entire command.

THE WITNESS THEN RETIRED

The judge advocate then read on the part of the prosecution the following deposition of Col. E. F. Winslow, 4th Iowa Cavalry.

Deposition of Col. E. F. Winslow, 4th Iowa Cavalry, in the case of the United States vs. Brig. Genl. E. B. Brown taken in St. Louis Mo., on the 24th day of November 1864 with the consent and in the presence of the defendant.

The deponent, after very duly sworn in presence of the defendant testified as follows in answer to interrogations.

BY THE JUDGE ADVOCATE

Q: State your position in the military service.

A: I am Colonel of the 4th Iowa Cavalry and was in command of the 4th Brigade of the Provisional Cavalry Division, under Major Genl. Pleasanton.

Q: Were you regularly subpoenaed in this case.

A: I was.

Q: State whether the following is correct copy of your orders and the endorsement thereon received since you were subpoenaed?

A: it is.

(Copy) Head Quarters

Cavalry Corps, M. D. W.

Nashville, Tenn. Nov. 20th, 1864.

Special Orders

No. 15

EXTRACT

Col. E. F. Winslow, 4th Iowa Cavalry, will proceed without delay to Memphis, Tnn. On duty connect with the transportation of his command to this place.

By command of

Bvt. Maj. Generals Nelson

(signed)

Beaumont Major and A. A. G.

Official

(Signed) Henry E. Noyes sect. & A. D. C.

ENDORSED

Head Quarters

Department of Missouri

St. Louis, Mo.

Nov. 24, 1864

APPROVED

By Maj. Genl. Rosecran’s

(signed) Frank Eno A. A. G.

Q: State more definitely the position you occupied in the service in the latter part of October 1864.

A: During October until the 23rd of that month. I was commanding the 4th Brigade of the Provisional Cavalry Division, under Major General Pleasanton.

Q: Where were the forces operating at that time?

A: They were operating against the rebel General Price, in the Western part of the state.

Q: State the condition of matters there on the s22nd day of October and up to the morning of the 23rd.

A: Just before reaching the town of Independence where Gen. McNeil was engaging the enemy my brigade was the third, Genl. Sanborn being in front of me and in the rar of gen. McNeil and Genl. Brown’s Brigade was in the rear of mine: this within one mile of Independence. Upon my arrival at the head of my column at the court house I as ordered by Maj. Genl. Pleasanton, commanding the division to proceed with my command and two pieces of artillery to support Gen. Brown and his brigade and assist in driving the enemy beyond the Big Blue River, on the Westport road. I found Genl. Brown’s brigade in the edge of two, engaged with the enemy. He directed me to take the advance after I reported to him, saying his men were out of ammunition. I pushed the enemy until half past 10 o’clock with my own brigade, using no artillery. I was then ordered to halt by Genl. Pleasanton, and await the rising of the moon or until there was more light, in order that we might be able to see better. At this time we were about three miles from the Big Blue, as I afterwards ascertained. About 5 o’clock the next morning I was directed to push on, and was informed that Genl. Brown’s brigade would take the advance shortly. These orders were some time reaching me from Genl. Pleasanton when I arrived within about four hundred yards of the Big Blue, as I afterwards ascertained. Genl. Brown came in person and saw me at the head of my column and exhibited to me a written order to take the advance with his brigade a day break.

Q: examine this order marked A (hereto appended) and state if that is the order Gen. Brown showed you?

A: this in substance the order, as far as I can recollect. I can’t remember every word.

Q: What did Genl. Brown say to you?

A: He simply said he was ready to take the front. At first I concluded I would post myself, but very soon told Genl. Brown to take the advance. His column at that time was alongside of and mingled among mine. The time General Brown reported to me was as near as I can recollect about half past six or seven o’clock. My command was wheeled out of the road, and Genl. Brown took the command in front.

Q: You say the time was about half past six or seven o’clock, had you a watch.

A: No sir, but it was an hour more after day light.

Q: Was the sun up?

A: No sir, but it was an hour more after day light.

Q: Was the sun up?

A: I think it was about rising, but am not positive.

Q: At the time Genl. Brown relieved you how far was the enemy from you?

A: About one hundred fifty yards.

Q: What was the exact disposition of your forces at that time?

A: I had one regiment deployed

Q: What was the position of the enemy’s forces.

A: they were formed in line of battle about half a mile west of the river with their advance line on the west back of the river.

Q: State your dispositions at daybreak.

A: It was about the same as I have stated. The men had been in line since about half past ten the night before.

Q: How long had you been in the advance?

A: Since sundown the night before.

Q: Were you pressing the enemy all the time?

A: We were until half past ten the night before.

Q: Did you see Genl. Brown at day break?

A: No sir.

Q: Can you state where his command was at that time?

A: I cannot. It was in the rear of mine somewhere.

Q: Do you know how far?

A: I do not.

Q: Do you know anything in regard to the forces of General’s Curtis and Blunt at that time?

A: They were fighting on our right?

Q: How far from you?

A: From two to five miles I should judge.

Q: Do you know anything as to the disposition of the enemy against their forces?

A: I do not. But I have been informed since that Shelby’s division was fighting there.

Q: How long after Genl. Brown relieved you did you see Genl. Pleasanton?

A: I think about five minutes. Genl. Brown had not got his troops into position.

Q: State any conversation you heard pass between Genl. Pleasanton and Genl. Brown.

A: As I was approaching Genl. Pleasanton I heard him order Genl. Brown. To go to the rear.

Q: You were present at that time:

A: Yes sir.

Q: Did you receive any orders?

A: I did.

Q: What were they?

A: Genl. Pleasanton ordered me to take charge of the front and conduct the fighting.

Q: Did you notice Genl. Brown’s command on the 22nd and the 23rd days of October?

A: yes sir, I saw them on the 22nd two or three times, and I also saw them on the 23rd.

Q: I mean at the time Genl. Brown was ordered to the rear.

A: I had not at that time on the 23rd, but I had on the evening of the 22nd, when some of them had done some fighting under me.

Q: What condition was his command in when you were pursuing the enemy? Did you notice any straggling?

A: I can’t say. I will say, however, that his command passed my column twice on a gallop.

Q: On the 22nd and 23rd of October, were you constantly in the face of the enemy?

A: My command was. I was most all of the time. I was after two o’clock on the 22nd.

Q: Did you have any conversation with Genl. Brown in regard to the order of Gen’l Pleasanton?

A: No sir. I might have remarked to him that orders must be obeyed, or something of that kind. I told him if there was a corn field close by, I would swing my command into it.

Q: do you know the distance from Independence to the Big Blue?

A: I think it is about ten miles.

Q: What time did you leave Independence, and what time did you arrive at the Big Blue?

A: We left Independence about 4 or 5 o’clock in the evening, and arrived at the Big Blue about 7 o’clock the next morning.

Q: At what time did you first hear the sound of battle between Generals Curtis and Blunt and Genl. Shelby?

A: I think it was about half past six. It was about the time Genl. Brown came to the front.

CROSS EXAMINATION BY GENL. BROWN

Q: Previous to my arrival at the front, had you received an order, directing you that I would take the advance.

A: I was informed by an orderly who came from Genl. Pleasanton that you would take the advance.

Q: Had you made any preparations for my brigade to pass yours?

A: No sir, because I did not know when you would pass.

Q: Did you not get an order for me to pass at daylight?

A: No sir.

Q: You say in your conversation with me you said you would like to get into a cornfield?

A: Yes sir.

Q: Do you not recall of saying to me that you had pushed ahead to get to a corn field or some favorable ground for me to pass?

A: I do not. I told you I would move to let you pass and would like to find a field, but I was ordered to push ahead without regard to anybody.

Q: After it became light enough for you to see had you been moving all the morning.

A: Yes sir.

Q: What was the character of the country over which we were passing?

A: It was hilly and wooded.

Q: Any dense brush?

A: Not that morning. There was some timber and some fields.

Q: No small brush?

A: I did not see any. I did not notice anything of the kind. It was timber you could ride through.

Q: How long had your command been without feed for horses and men on the morning of the 23rd when I passed you?

A: We fed the day before the greater part of the command before noon.

Q: After you arrived at Independence.

A: No, before we arrived there.

Q: Did your men get food at that time?

A: No, we did not have time to feed the whole command.

Q: How long was your column on the morning of the 23rd of October?

A: About seven –eight’s of a mile long.

Q: How many men had you?

A: Thirteen hundred.

Q: At what time did you first hear the sound of battle between Generals Curtis and Blunt and Genl Shelby?

A: I think it was about half past 7 o’clock the next morning.

(82)

Q: Describe the straggling in the 1st MSM.

A: Well, some 3 or 4 squadrons were dismounted – some along side the road, and some on the field off the road feeding their horses – some of them unsaddled. The balance of the regiment – some of them were away from their horses and their arms. They were not in the condition they should have been in being in the face of the enemy.

Q: How far were they from the enemy at this time?

A: My answer to that would be a guess. I would say a mile or a mile and half.

Q: What troops were in advance of Gen. Brown’s Brigade.

A: Winslow’s Brigade.

Q: Do you recollect the instructions that were given by Gen. Pleasanton to Gen. Brown on the morning of the 23rd.

A: Yes sir. The original order was forwarded by the accused and exhibited to the witness upon which the witness remarked.

(That is my hand writing. I wrote it. It was admitted by the accused that the copy inserted in the record on page is a correct copy of the original order delivered to the accused except that the original was signed by Col. Cole as Chief of Staff and not by Clifford Thompson as Lt. and AAAG.

Q: At what time did you write the order?

A: That communication I see is dated at 4 o’clock and day light. It’s dated 4 o’clock and I presume that is correct.

Q: Do you know at what time this order was sent?

A: At the same hour, 4 o’clock.

The court thereupon adjourned until 10 o’clock the sixth day of December A. D. 1864.