A: I met a body of troops mounted troops – I saw they were not our people – I asked what command is this? – I was answered by the commanding officer suppose that it was Winslow’s brigade.

Q: How many were there of these men?

A: I should say one or two squadrons, and others dismounted on either side of the road, not in motion. I can’t say that these men were of Col. Winslow’s brigade, but they were not our people – the 1st brigade.

Q: Was this Lt. Brown to whom you refer – the commander of Gen. Brown’s body guard?

A: Yes sir.

Q: When you went back the 2nd time you say Gen. Pleasanton over took you?

A: No – he met me.

Q: At what point along the line was it?

A: I cannot exactly recollect – it was on the flank of the 4th Cavalry. I think.

Q: What time in the morning was that, (136) that you met Gen. Pleasanton?

A: It was a little after sunrise – it was when I went back the 2nd time.

Q: What time was it when you reached the front and reported to Gen. Brown, and found that he was placed under arrest?

A: It must have been 7 o’clock or a little after, the sun was up, but not visible above the bush wood.

Q: I will ask you now what was the character of the road over which Gen. Brown passed that morning from his encampment to Col. Winslow’s front?

A: Broken brush woodland, some deserted fields on the route near where the movement began.

Q: You were the only staff officer of Gen. Brown’s?

A: He had a brigade Quarter master and commissary, and an acting brigade surgeon.

Q: In what capacity were you acting?

A: As assistant adjutant General.

Q: Were any order issued by Gen. Brown on night of the 22nd to halt an go into camp?

(157)

A: I am not certain – I think there was an order to bivouac but could not be certain that there was.

Q: To whom was it given?

A: I do not know – I can not state for certain there was any.

Q: Did you deliver any such order?

A: I do not recollect that I did, I might have done so, but I do not recollect.

Q: then you cannot state that any such order was given?

A: I cannot.

Q: Prior to the time you reached Independence had Gen. Brown given any orders to the regimental commanders in reference to straggling – if so where and when?

A: After crossing the Sni Bar Creek on the morning of the 22nd he ordered me to have the brigade halted for the purpose of giving orders to the regimental commanders against straggling. This was probably of a mile from the ford on the creek. We halted there some time. Some irregularity was occasioned by the muddiness of the ford and (158) there was some difficulty about crossing the artillery.

Q: State what instructions he gave?

A: that no straggling would be allowed. A rear guard would be kept – a brigade rear guard – to keep up stragglers, or words to that effect.

Q: Do you remember seeing that General Order No. 3?

A: I do.

Q: Was that communicated to the troops, of the substance of it?

A: The substance of it was communicated verbally.

Q: After Gen. Brown received that order No. 3 was there any time to make written copies of it?

A: There was not – we moved immediately, directly after – a few minutes after.

Q: On the night of the 22nd and the morning of the 23rd what was the condition of the command – of the men and horses?

A: Very much fatigued – jaded – jaded horses and fatigued men.

(159)

Q: How often had the men and horses been fed during the 52 hours previous to the morning of the 22nd?

A: They had been fed twice. The men had not fed since the night of the 21st at Sni Bar Creek about 10 o’clock that night. The men I suppose eat their rations, but they were very short of rations, and the forage was short – that night the men carried it from the corn fields a mile or so in rear of the command. The men fed at Lexington about 10 o’clock on the 21st may be a little after – they fed again at Lug Fae Creek – the men gathered the forage from a corn field.

Q: When was this on the night of the 21st?

A: They were fed twice that day.

Q: Did they have any feed between that time and the morning of the 23rd?

A: They did not – about sunrise there were rations of pork and pilot bread issued to the men in the morning of the 22nd – the horses had no feed.

Q: to refresh your memory, do you recollect that (160) there was only two barrels of pork at that time?

A: There were two barrels of pork and two boxes of pilot bread, and part of that pilot bread was to go to some other command, I think it was Col. Winslow’s.

Q: Was the fighting of Gen. Brown’s brigade by all his troops on foot at Independence on the 22nd.

A: The First M. S. M. went into action mounted. I think they soon dismounted. I saw them dismounted extending their lines to the right. I think they dismounted when they were fired on. The other troops went in dismounted. Col. Phillips, Lieut. Col. Crittenden’s and Major Kelley’s.

Q: Was the action of such character – such severity and duration as to cause excessive fatigue to the men, in the condition in which they were?

A: It was – they were rushed in at double quick – over rough ground – skirmishing at times, and at other times, there was heavy volley firing.

(161)

Cross Examination By the Judge Advocate

Q: When you left your camp near Brownsville how far did you march before making another camp?

A: Thirty-five miles, I take it.

Q: Was that distance estimated or do you know it/

A: I do not know it – we took by-roads in the night – we might have gone farther.

Q: You left at 3 a.m. on the morning of the 20th?

A: Yes.

Q: At what time did you camp?

A: Between sun down and dark.

Q: At what time did you move the next morning?

A: 3 a.m.

Q: How far did you march that day?

(162)

A: We advanced, I think, 30 miles. We took a road under the direction of a guide, who led us something out of the way.

Q: Did you stop at Lexington?

A: Yes, we fed at Lexington.

Q: At what time did you arrive at the Sni Bar Creek?

A: About 2 o’clock at night.

Q: Did you feed there?

A: Yes, the men carried corn from the fields about a mile in the rear and fed the horses there- this was on the night of the 21st.

Q: At what time did you arrive in Independence?

A: At 3 o’clock.

Q: Did you feed or make any halt from Sni Bar Creek to Independence?

A: I can’t say we made a halt – we (163) stopped to cross the artillery at the Little Blue – we did not feed there.

Q: What is the distance from that creek to Independence?

A: By the route we traveled I can not exactly tell – it must be 20 miles, I think, by the route we traveled.

Q: Then the distance, if I understand you, right, from the camp near Brownsville to Independence is 85 miles?

A: Yes.

Q: You say, that at Independence the 1st M. S. M. went in first?

A: Yes.

Q: How long, was it before the 4th got in?

A: 10 or 15 minutes.

Q: then how long before the 7th?

A: The 7th went in almost immediately after the 4th.

Q: How rapidly did our forces advance?

(164)

A: the 1st M. S. M. went into action at a gallop – the troops of the 7th and 4tf at double quick, dismounted. Te first was fired on shortly after they crossed the rail road – they then dismounted, and the advance of the line after that was steady.

Q: How far is it from Independence to the railroad?

A: Nearly a mile and a half, if I recollect alright. This was the point from which Gen. brown ordered his troops into action. The 1st M. S. M. had advanced some hundred yards, I can’t state how far, when they were fired on – they dismounted and deployed to the right, and were supported by the 4th and 7th under Major Kelley, and Lieut. Col. Crittenden.

Q: What I want to know is whether they advanced steadily?

A: It was a steady falling back of the enemy – there would be a halt and a heavy firing – the enemy would retire, and our (165) troops would press in. There was stubborn resistance on the part of the enemy until towards sundown, when the enemy retired rapidly mounted.

Q: At what particular pint was this stubborn resistance?

A: When the 1st M. S. M. engaged the enemy 100 yards from the railroad, and continued at intervals for an hour, during which times our troops did not advance. I think they gained some ground, but advance very little.

Q: You speak of a movement of the enemy on the left?

A: I saw that by the dust on Gen. Brown’s left.

Q: Do you know anything as to the position of Gen. Sanborn’s brigade – where it was at that time?

A: I do not know where it was.

Q: How far to the left did this flank movement appear to be going on?

A: It appeared to be a mile, I think (166) there was rising ground between me and where I saw the dust of the enemy.

Q: How long a line of dust did you see?

A: I could see a line of dust for two or three miles on the road. This was on the left – I could see another line of dust on the west front road.

Q: You speak of two pieces of artillery, are one on the left?

A: There was one on the left judging from the ricochet of the shot on the field – and from the reports I am certain there were two pieces immediately in front.

Q: Do you know what kind of pieces they were?

A: I think they were brass 9 –pounders. I judge so from those captured from the enemy.

Q: You say that this stubborn resistance continued for an hour?

A: I think so.

Q: During this hour what portion of the time was the artillery engaged?

(167)

A: During the latter portion of the hour. The troops had been in action nearly an hour before the artillery came up, I recollect alright.

Q: Now, can you state to the court from your recollection at what particular hour of the day – how long after you left Independence this stubborn resistance was made – and when the enemy commenced falling back?

A: The enemy must have commenced falling back about 4 o’clock.

Q: They you say fell back rapidly for 3 miles?

A: I think so.

Q: Were they pursued by our forces?

A: they were pursued by gen. Brown’s brigade.

Q: At what point did you over take them again?

A: The next fighting was in the night or the morning of the 23rd.

Q: After this stubborn resistance there was (168) no fighting until the morning of the 23rd?

A: There was some firing – no engagement – I do not know that Gen. Brown’s brigade fought the rebels after that until the morning of the 23rd.

Q: After this fight that you speak of, did not Col. Winslow’s brigade come up?

A: It came up during this fight, if I recollect right?

Q: Then he took the advance?

A: Gen. Brown ordered him to move troops around on the left to support his left, and he might have ordered him to move a regiment around on his right, I think he did.

Q: State particularly what was the condition of Gen. Browns brigade – what it was doing, from the time that this resistance was made by the enemy until the morning of the 23rd.

A: It pursued the rebel forces until after dark some time – after dark they mounted their horses – went back for their horses. There was no more (169) mounted action that I know of that night afger the 1st M. S. M. – they went into action mounted.

Q: Now I will all your attention to the morning of the 23rd – do you know when the order of Gen. Pleasanton was delivered to General Brown?

A: I do not.

Q: What was the first notice you had of it?

A: I do not recollect what was the first notice I had of it. The first – I knew of it was the order of Gen. Brown to his troops to move forward.

Q: That order was given by you?

A: Yes.

Q: How long were you in notifying the 7th after you received Gen. Brown’s order?

A: I do not know – a very little while.

Q: Had you any difficulty in finding them?

A: I had not.

(170)

Q: State about the time?

A: About day light, the gray of dawn.

Q: I mean between the time the Gen. Brown gave you the order, and the time you arrived at the 7th – almost immediately?

Q: That was at day break?

A: Yes – it was too dark to distinguish one person from another at any great distance on the road.

Q: How long after you had send it on these two regiments did you serve a notice on the 1st?

A: After sun rise sir?

Q: Have you any idea of the time?

A: No sir, it was nearly 7 o’clock.

Q: How far was it from where your headquarters were that night to the Blue?

A: I think, sir, it was nearly 3 miles.

(171)

Q: I think you stated in your communications in chief how long it took the 4th and 7th to get ready?

A: I can’t say that I did. I think they moved immediately. When I came back to Gen. Brown the first time they were moving up – they were in motion. I did not see the 1st the first time.

Q: Do you know what time the sun rose on that morning?

A: The sun must have risen near 7 o’clock.

Q: That is the way in which you fix the hour, by the sun’s rising?

A: Yes – I don’t exactly recollect the time the sun rose at that date – it rose a little before 7 probably 15 minutes before 7, if I recollect it right – no, I am mistaken – it was a October, it must rise about 6:30. I don’t recollect exactly the time – it rose between 6:30 and 7.

Q: Did you stay with Gen. Brown that night?

A: Yes sir.

(172)

Q: Now you say that Col. Winslow’s command bivouacked immediately in front of your command?

A: Yes.

Q: Do you know at what time they moved?

A: I do not – they were gone when I came back to Gen. Brown.

Q: Were they gone before you started?

A: They were not – there were troops there.

Q: How far did you travel, and at what gait did you travel before you caught up with Col. Winslow’s command on that morning?

A: I was not at the front when the movement commenced?

Q: When did you over take Gen. Brown?

A: I over took Gen. Brown after sunrise – 7 o’clock I suppose, or some minutes after – I can’t tell the exact time.

Q: How long did it take you to travel from where Gen. Brown’s headquarters were, to where you next saw Gen. Brown?

(173)

A: I didn’t see Gen. Brown until after he was under arrest. I don’t exactly recollect where his headquarters were – there was nothing to mark the place in the road – there had been camp fires all along the road.

Q: How long were you in going from the rear, where you had gone to see about Col. McFerran’s regiment to where you found Gen. Brown under arrest.

A: I can’t exactly tell, came forward. I was at a gallop all the time, but it was a little after sunrise when I saw the head of Col. McFerran’s column, and I don’t think I was over 10 minutes going back – probably not so long.

Q: Ten minutes from where you found the head of Col. McFerran’s column to where you found Gen. Brown under arrest?

A: I suppose so – that column was in nothing coming up.

Q: Then you met Col. McFerran’s column when you were going back?

(174)

A: Yes sir.

By the Accused

Q: In reference to this cloud of dust which you saw on the left of Gen. Brown, was that advancing troops Gen. Brown, was that advancing troops Gen. Brown on moving from him.

A: It appeared to be retiring.

By the Court

Q: you speak of going with Gen. Brown in the night to Col. Winslow’s headquarters?

A: Yes.

Q: How far were his headquarters in advance of Gen. Brown’s headquarters?

A: Gen. Brown at that time had established no headquarters.

Q: what time in the night was it that you went?

A: It must have been one o’clock in the morning.

Q: Was Col. Winslow then in advance (175) of the point where Gen. Brown frequently established his headquarters for the night?

A: Yes, some distance in advance.

Q: How far.

A: His troops were fighting between ¼ and ½ mile in advance.

Q: How long were you up there?

A: We were there I think nearly two hours.

Q: In the mean time did Col. Winslow’s troops move forward?

A: They advanced very slowly – that is the troops were fighting. I think the enemy yielded a little ground.

Q: A portion of Col. Winslow’s troops were not in action?

A: there were not.

Q: Where were they?

A: They were bivouacked on either side of the road.

Q: Where did their bivouac commence?

A: I do not know – they were scattered in the branch on either side of the road.

(176)

Q: Immediately on front of the 1st Brigade?

A: I think they were on front.

Q: Then you came back you think about 3?

A: I think so.

Q: You went to sleep?

A: Yes sir.

Q: Did you see anything of Capt. Walters the next morning?

A: I do not recollect.

Q: Do you know him?

A: Yes?

Q: you don’t recollect whether then you saw him or not?

A: I do not. I might have seen him with Gen. Pleasanton’s staff when I met him in the morning.

Q: you didn’t see him when you woke up?

A: I don’t recollect.

Q: You say Gen. Brown woke you?

A: I was called by Gen. Brown.

(177)

Q: Do you know where he slept?

A: Yes sir, in an ambulance near me. Say ten feet away from me.

Q: How long before day light was it when Gen. Brown woke you?

A: Probably ½ an hour.

Q: Did you get any breakfast that morning?

A: I did not – I might have had a little piece of cracker or pilot bread.

Q: Did you see any preparations for breakfast?

A: I did not, I think some of the orderlies had probably made coffee when we went back there from Col. Winslow’s headquarters.

Q: Did you see anything of Gen. Sanborn at Gen. Brown’s headquarters?

A: Yes sir, I saw Gen. Sanborn there.

Q: At what time?

A: It was a little after sunrise – a very little.

Q: Were that at the point where Gen. Brown stayed all night?

A: Very near the point.

(178)

Q: Was he with Gen. Brown?

A: Yes, he had a conversation, I think with Gen. Brown. He spoke something about turning the evenings position at the Blue.

Q: Do I understand you to say that that was at the point where Gen. had his headquarters in the night?

A: Near three – it might have been a little in advance of it.

Q: It was before Gen. Brown moved out then?

A: Gen. Brown’s troops were moving at the time.

Q: It was before Gen. Brown’s had move out?

A: Gen. Brown was mounted at the time – he had not moved I think – he might have moved some little distance.

Q: that was a little after sunrise you say?

A: Yes.

Q: What conversation was had?

A: Some conversations in regard to the conformation of the ground on the opposite side of the Blue, and Gen. Sanborn stated that he though he (179) could turn that position – about this time I was ordered off to find the 1st M. S. M.

Q: Did Gen. Brown stay that night at the head of the brigade?

A: Yes sir, I think he did.

Q: Which regiment was in advance?

A: The 7th I think was. I saw the 7th the first in the morning.

Q: How far from where Gen. Brown stayed did you find Col. Phillips?

A: I found him a very short distance that is his troops – to the rear.

Q: Did you find him awake or asleep?

A: I am not certain that I saw Col. Phillips – I saw some of his officers.

Q: You were carrying an order to Col. Phillips?

A: Yes, I was carrying one order to move the brigade forward.

Q: You don’t know whether you saw Col. Phillip’s or not?

A: I do not remember.

(180)

Q: did you find the commanding officer of the 4th?

A: Yes.

Q: Did you find him awake or asleep?

A: Awake.

Q: Do you know whether the 1st was immediately in the rear of the 4th?

A: I am satisfied that they were not – there was a gap.

Q: How much of a gap?

A: I cannot say, I did not reach the position that the 1st occupied during the night.

Q: How long were you gone from Gen. Brown the first time before you returned to him?

A: I was gone nearly half an hour I think.

Q: Did you make any report to him?

A: yes.

Q: What did you tell him?

A: I reported that the 7th and the 4th were in motion, but I could not find the 1st.

(181)

Q: How long was it after that that he sent you after the first again?

A: A very few minutes.

Q: Had he moved from his head quarters?

A: He had not moved far.

Q: Had he moved at all?

A: I cannot say whether he had. He was mounted, and passing back and forward in the line. I did not notice where we had camped. There was nothing to mark the camp. There were camp fires all along the road.

Q: What did he say when you reported to him that you had not found the 1st?

A: He ordered me back to find the 1st and bring them up, or words to that effect.

Q: You think that that might have been half an hour after you were first sent out?

A: Yes, it was ½ an hour from the time I left his head quarters the first (182) time until I returned.

Q: How long was it after that before you met Gen. Pleasanton?

A: I met him a few minutes after I left Gen. Brown the 2nd time.

Q: Then it was but a little over half an hour from the time Gn. Brown first sent hyou out to start the command until you had this conversation with Gen. Pleasanton?

A: It was over half an hour, something one half- hour, the sun was up some distance when I met Gen. Pleasanton.

Q: when was it that you saw Gen. Sanborn?

A: I saw Gen. Sanborn when I returned the first time in the morning I think.

Q: Did you see him taking coffee?

A: I don’t recollect sir

Q: Did you see Gen. Brown take any coffee that morning?

A: I think I saw him take some coffee before we layed down – I paid no attention to that, and I do not recollect anything (183) about it. I do not recollect whether Gen. Brown was taking coffee or not – he might have been – if he was I do not recollect it.

The Witness then Retired.

Whereupon the Court adjourned until 10 o’clock a.m. the Eighth day of December 1864.