DAY TWO

St. Louis, Mo.

November 28th, 1864

The Court Martial of Col. James McFerran

Present the same members as on the 25th inst. The Judge Advocate, the accused and his counsel were also present.

The accused made application to the court to be allowed to introduce James O. Broadhead as counsel in place of Col. F. T. Gantt, which was granted, and Hon. James O. Broadhead appeared assenting thereto, the reading of the proceedings of the last session dispensed with.

The examination of Lieut. Doyle was continued.

By the Judge Advocate

The witness was shown a map and was asked if it is a correct map of Jackson County, Mo.

A: I believe it is though I am not very well acquainted with the geography of that county.

(46)

Q: Examine the map and state your line of march of the 22nd and 23rd of October last.

A: I doubt I remember the point on the road we camped on the Sni. The morning we moved from the Sni we moved on a road I was not acquainted with. We were checked by firing on the Little Blue.

Q: State where the Sni is?

A: To the best of my opinion it is between 12 and 15 miles from Lexington on the road from Lexington to Independence.

Q: In what direction from Lexington?

A: West by a little south, probably one or two degrees.

Q: When did you cross the Little Blue?

A: I can’t find the name of the bridge.

Q: What kind of a ford was it?

A: It was not a ford, it was a burned bridge. It was burning at the time we came to it & rocks were thrown in to allow the column to cross.

Q: Were the banks rocky – describe them?

A: Some, and at the west side there had been something in the shape of breast works made of logs and rocks to impeded progress.

(47)

Q: Describe the ford at the Big Blue?

A: When I was crossing the ford of the Big Blue, I was in action and did not notice it, but there had been trees fallen to impede our crossing. On the west side the banks were soil with timber on both sides.

Q: State what particular connection you had with your regiment on the 22nd and 23rd of October last – how much of the time you were with it and how much away from it?

A: I was with it all the time except when I was communicating orders to Brigade headquarters.

Q: Who gave you orders to transmit from regimental to brigade headquarters?

A: I received no orders from the line. I made some suggestion to Col. McFerran and he told me to communicate them to Genl. Brown and ask for reinforcements to be put in on our left.

Cross – Examination by the accused

Q: You state you know when Gen’l Brown communicated order No. 3 (a) to Col. McFerran?

(48)

A: Yes, when the substance of it was communicated verbally.

Q: When and where was it?

A: It was immediately after we crossed the Sni and before daybreak. Our regiment was in the act of moving out of camp. As soon as he received the order he ordered the officers of each squadron to report to him, and he reported the order to them verbally, as he received it.

Q: Did he communicate the whole order as he received it?

A: I believe he did.

Q: Do you recollect whether Col. McFerran had a rear guard for his regiment after leaving the Sni, on the 22nd?

A: I do. He had a rear guard of I believe 20 men, two from each squadron, under command of the most rigid officer in the regiment, Lieut. Groomer.

(49)

Q: Do you know of any order being given by him to the commander of this rear guard to prevent straggling and pillaging?

A: I don’t remember to have heard Col. McFerran communicate any order to the officer of the rear guard. But I have heard him give orders to the officers of squadrons that straggling and pillaging would not be allowed; and I have reason to believe that this was the order to the officer of the rear guard.

Q: What was the strength of your regiment on the 22nd?

A: I do not remember, but I think the strength present was about 490 men.

Q: Have you any means of knowing the strength of the enemy immediately of your regiment when the engagement commenced.

A: Nothing but what I might surmise from their position. I think his force was more than a brigade.

Q: Do you know the length of their line?

A: The line of skirmishers they had deployed was between two and three hundred yards long, and I have reason to believe a column was moving back in the good at the time we were fighting them, but I only saw them skirmish live.

(50)

Q: Had you reason to believe they were extending their lines?

A: Yes sir, that they were extending them to our left.

Q: did it become necessary for Colonel McFerran extend his lines.

A: I did not know it would become necessary because one regiment could not be sufficiently extended to repulse them.

Q: Was there any effort made to extend it?

A: Not to my knowledge. Reported to Col. Mcferran that the enemy was extending his lines. He asked me to communicate it, Genl. Brown, and ask for more cavalry.

Q: I think you stated Col. Mcferran sent back for re-enforcements, when he found the strength of the enemy.

A: I reported to Col. Mcferran that the enemy was extending his lines. He asked me to communicate it, Genl. Brown, and ask for more cavalry.

Q: Did not Col. Mcferran stay with the dismounted men in order to dispose of the reinforcements when they came.

A: There were no dismounted men in order to dispose of the reinforcements when they came.

Q: Where was he?

A: Where the men were dismounted.

(51)

Q: Did he not stay there to dispose of the reinforcements?

A: I don’t know.

Q: Did he give any orders I regard to the disposition of them.

A: I did not receive any orders.

Q: were you there when the reinforcements came?

A: I was.

Q: We gave directions how they should be disposed of?

A: I don’t recollect, I don’t believe I showed Major Kelly, where our left was, as he had to deploy on our left.

Q: Don’t you know that Major Kelly reported to Col. McFerran?

A: I do not.

Q: Was not Col. McFerran there when the reinforcements came up?

A: I believe he was.

Q: don’t you know that as soon as the reinforcements were disposed of Col. Mcferran went forward to the regiment?

A: He went to where the artillery was put in (52) actions or close to there. I was with Genl. Brown where he was playing with the artillery, and our regiment ws far in advance.

Q: how far was he from where the regiment had been when the reinforcements came up?

A: About 250 or 300 yards.

Q: He moved forward that much after the reinforcements came up and were disposed of?

A: Yes, that was after the artillery came up & a battalion of the 7th M. S. M. had come up to its support.

Q: does Lieut. Johnson belong to Col. Mcferran’s regiment?

A: Yes sir, at that time he was acting commissary of the regiment.

Q: Do you know of his being detailed with a foraging party in pursuance of an order of General Sanborn, on the 22nd.

A: Yes sir, at that time he was acting commissary of the regiment.

Q: do you know of his being detailed with a foraging party in pursuance of an order of General Sanborn, on the 22nd.

A: I understood he was detailed by Col. McFerran but the substance of the detail I did not understand. I never saw the order of Genl. Sanborn about foraging.

The accused here introduced the order of Genl. Sanborn, which the Judge Advocate admitted was a correct copy and which is hereto appended marked C.

(53)

C

Headquarters

U. S. Cavalry Force

In the Field

October 14th, 1864

Special Field Orders

The following rules are hereby established to facilitate the subsistence of this command while in the field.

Each regiment and battery commander will detail one commissioned officer who will have permanent control of all foraging done for his own command.

A sufficient number of enlisted men will be detailed each day to report to the officer thus detailed and act under his direction.

Officers thus detailed are hereby authorized to collect each day a sufficient supply of meat, flour meal, & etc. from the country whenever and wherever the same can be procured, and to impress horses and wagons in case their command is not supplied with sufficient transportation.

Receipts will in all cases be given for all articles taken, to be adjusted by the acting commissaries of subsistence and to be payable in proof of loyalty.

Brigade commanders will punich this order to their commanding officers.

By Order of Brig. Genl. Sanborn

Official (signed) Wm. Kettridge

J.H. Little A. A. Genl.

(54)

Q: Have you ever seen this order of Genl. Sanborn?

A: I don’t recollect ever seeing it but I believe the detail of Lieut. Johnson and party by Col. McFerran was for the executive of that order.

Q: When was the detail made?

A: I don’t recollect.

Q: Was it before the 22nd?

A: Do you know how many men were detached with Lieut. Johnson?

A: I believe twenty (20).

Q: Do you know whether the detail had reached the headquarters of the regiment before the 22nd ?

A: The detail was with the regiment every night before the 22nd, but on the night of the 22nd I believe the detail did not reach the regiment.

Q: Do you know where that detail was on the morning of the 23rd?

A: when I went back that morning to get the ammunition wagons, I learned that Lieut. Johnson had stayed there all night, and had that morning moved up to the regiment, with some beef and other things.

(55)

Q: (Unknown)

A: I had reason to believe that Col. Winslow’s whole brigade and the 7th and 4th Cavalry of our brigade.

Q: Were they engaged at the time you halted?

A: I could not say. I don’t believe I heard firing at the time we halted.

Q: Had the force in your front halted?

A: The forces in our immediate front had; I don’t know whether Col. Winslow’s brigade had halted or not.

Q: Do you know of any troops belonging to the forces in your front passing Col. Mcferran’s regiment on the night of the 22nd & 23rd for the purpose of foraging?

A: I don’t know of any, though there might have some passed without my knowledge.

Q: What regiment first engaged the enemy on the 22nd?

A: I don’t know: the enemy was engaged before we arrived at the Little Blue.

Q: Was there any force engaged with the enemy in front when Col. McFerran’s men were ordered to dismount?

A: I believe not, as at that time a line of battle (56) was formed as we came from independence. We were brought to the front at Independence and they fired on our advance immediately outside of Independence.

Q: After the forming of our regiment commenced firing you were moving all the balance of the day, carrying messages from regimental to brigade commander?

A: I was; or I could not say I was carrying messages from the regimental commander, because I was watching the movements of it to Col. McFerran, and he ordered me to report it to Genl. Brown. The balance of the time I was marching with the regiment or was with Col. McFerran.

Q: You went back to the rear on the morning of the 23rd?

A: Yes, I was sent back by Col. McFerran to see if the men had got something to eat. I went back and found one wagon about half a mile to the rear and there learned that Lieut. Johnson had stayed there all night.

Q: What condition did you find the regiment in?

A: I was with the regiment at the time I went back for the (58) wagons. I saw it scattered and know that I should say it was straggling.

Q: Did you make a report of this to Col. McFerran?

A: I supposed he was aware the men wee going for forage and did not deem it necessary to report it, for I had reason to believe he saw it.

Q: What have been the terms between you & Col. McFerran? Has there been say difficulty between you before?

A: Not to my knowledge.

Q: Have you any ill feeling toward him?

A: None at all, nor never had.

Q: Did he not give you a severe reproof on the morning of the 22nd?

A: Not to my knowledge.

Q: About 12 or 1 o’clock on the night of the 21st or 22nd did he not give you a reproof for not getting up in time to carry a message to Headquarters?

A: That morning there was a bugle call at headquarters which he heard, I suppose, and I did not as he told me to get up and go and see what was for. I said I would in a moment. He spoke very short to me. I got (59) up and went and asked Capt. Little what it was. If I had heard it I could have answered it myself. Capt. Little told me it was reveille. I understood the Colonel to speak short to me for the reason that I did not jump immediately upon his calling me. I was very sleepy and weary.

By the Judge Advocate

Q: You were asked what regiment was fighting at the time your regiment was thrown into action and you said you could not state the regiment; can you state the regiment which was fighting at Independence?

A: At the time our regiment was thrown into action there was no regiment fighting in front. It was immediately after the battle of Independence. We were ordered to the front just east of Independence, passed the command at Independence and went out in advance of the whole command.

Q: What Brigade opened the battle at the Big Blue.

A: The first.

Q: who was its commander?

A: I don’t know. Lieut. Col. Lazear sent back (60)

(page 61 missing)

The country and Col. McFerran sent me back for six men who knew the country to act as guides. When I got to the head of the brigade only two men had kep up with me. I suppose Genl. Brown was commanding, but I did not see him. I saw Lieut. Col. Crittenden and reported to him that I had brought up some guides who know the country. He said he had reason to believe that Col. Phillips commanding the Brigade, s he understood Genl. Brown had been placed under arrest. I at once reported to Col. Phillips and he appointed me his aide-de-camp, and I have reason to believe Col. Phillips was commanding the Brigade.

Q: What time was that?

A: About 9 or 10 o’clock.

Q: Had you not time piece?

A: No.

Q: At the time you saw Col. McFerran standing behind a tree, was artillery being used by the enemy?

A: I don’t remember whether they had opened their artillery at that time or whether it was immediately after. If they had not at that time, they did shortly after.

(62)

Q: Where were you on the 14th October f1864?

A: I could not say. I saw the report of the line of march I could tell whee the regiment was, and I believe I was with the regiment.

Q: Where was the regiment stationed when you started after Price?

A: A little southwest of Lexington.

Q: How long had you been there?

A: About a week. A portion of the regiment had been there some time longer.

Q: Can you give the dates?

A: We went into camp about the 1st of September and left Lexington about the 15th or 20th.

Q: Who was your first General Commander?

A: We reported to Genl. Brown at Sedalia.

Q: who next?

A: Genl. Sanborn then took command of all the cavalry I understood.

(63)

Q: Were you under genl. Sanborn’s command on the 14th of October.

A: Yes sir. I think we were.

Q: Did you see that order of Genl. Sanborn’s shown you marked C?

A: No I never saw it, but when that detail was made, I suppose it was made to carry out that order.

Q: How long did you remain under Genl. Sanborn?

A: Until Genl. Brown took command of the Brigade.

Q: Do you recollect the authority about that General Order 3 marked A?

A: The only recollection I have of it is that the substance of it was communicated to Col. McFerran by Genl. Brown.

Q: Was this forage detail made after the essence of order No. 3?

A: Not to my knowledge. I believe it was made prior to the issuance of that order.

By the Court

Q: On the night of the 22nd how came the regiment to halt was it by orders or because the regiment in front halted?

(64)

A: I did not receive any orders, and I have reason to believe it was because the regimeThe 4th and 7th.

Q: What regiments were in your front?

A: The 4th and 7th. The front,

Q: On the morning of the 23rd what time did the regiment in front of your move?

A: I suppose they moved some minutes before us.

Q: How long before?

A: I could not tell. After col. Mcferran was arrested, Lieut. Col. Lazear, ordered me to form the Regiment into battalions and start them to the front, and left me to superintend the moving of it.

Q: had the regiment in front moved when received that order?

A: I believe it had.

Q: How long before?

A: I could not say.

Q: had the regiment in front moved at the time Col. McFerran was placed under arrest.

A: I could not say, I don’t remember?

Q: Were you then where the wagons were?

A: Yes sir.