The Missouri in the Civil War Message Board

4th Day of Col. James McFerran GCM Part 2

Q: You saw him from where you engaged the enemy?

A: Yes.

Q: You did not go back?

A: No.

Q: Where did you next see him?

A: A little to our left and a little closer to us.

Q: Where was he in reference to the lane, the corn field and nursery?

A: I think he was near one lane when I saw him.

Q: Was that the lane you crossed driving the enemy?

A: No, another, leading down to the left of us.

Q: what force was down there?

A: Major Hill had been ordered with two companies over to the left.

Q: Was that the force which was there when you saw Col. McFerran?

A: I think it was.

Q: Where were you?

A: In my original position in relation to the regiment. Major Hill had been ordered over there with tow companies to prevent flanking.

Q: Where was company A? Was it before or after it had been sent up?

A: My recollection is it was after.

Q: Are you certain you saw Col. McFerran there?

A: Yes.

Q: What kind of a horse was he riding?

(154)

A: A very large Grey horse.

Q: Was it the horse he usually rode?

A: Yes, it was a very noted horse and I knew him.

Q: what time was that?

A: I can’t give the time very exact. Fighting was going on, and we did not note time.

Q: did you see him at any other time in the afternoon of that day?

A: Yes, after the engagement.

Q: Where?

A: In the road.

Q: What road?

A: The road we went out after Price.

Q: How far in advance of the position or occupied by the regiment when you first engaged the enemy?

A: I think near two miles.

Q: What time in the afternoon was that?

A: About sun down.

Q: Were you with the regiment on the morning of the 23rd?

A: Yes.

(155)

Q: Do you know about the men getting ammunition that morning?

A: Yes.

Q: What time was it?

A: Early – about sunrise.

Q: Do you know of Col. McFerran being arrested that morning?

A: I heard it during the day; I did not know it at the time.

Q: How were the men off for ammunition at the time they were supplying themselves?

A: The supply the boys had in their cartridge boxes was pretty well exhausted. Some had ammunition and others had little or none.

Q: How long had the men been without food previous to the 23rd?

A: On the morning of the 21st to the best of my recollection, we stopped near Lexington and go dinner. We marched from there to the Sni and staid over night. On the road, at Fire Prairie Creek we stopped and some of the Creek we stopped and some of the men got something to eat and some di not, because the supply was very scant.

Q: what time was that you stopped at Fire Prairie Creek?

(156)

A: My recollection is not accurate on this but about dark.

Q: Did they have anything more until the morning of the 23rd?

A: No sir, that was the last. I think there were some crackers issued at Fire Prairie Creek.

Q: Were any provisions issued on the morning of the 23rd?

A: I think there were.

Q: At what time?

A: It was near daylight.

Q: Was there any forage for the horses that morning?

A: No sir.

Q: How long before had the horses been fed?

A: We camped the night of the 21st on the Sni and got a little feed there, and when we stopped at Fire Prairie Creek some of the men got a little fodder for their horses.

Q: That was the last, was it?

A: Yes.

Q: On the morning of the 23rd when the men were getting ammunition what position did the regimen occupy?

(157)

A: It occupied the original position we had stopped in the night before.

Q: How was that?

A: We had been marching in fours and turned right into line to let some ambulances pass.

Q: Were you in the front or rear of the regiment?

A: It was in the center.

Q: Do you know of any troops not belonging to your regiment, passing through your regiment during the night of the 22nd?

A: Yes, they were passing.

Q: How many?

A: Various squads.

Q: At what time did they pass?

A: It was a general thing for them to be passing.

Q: Could you see how far the rear of the regiment extended in the rear of you on the morning of the 23rd, or was there any straggling?

A: I did not see anything of the kind; the rear of the regiment rested where it had stopped.

Q: When you saw Col. McFerran on the evening of the 22nd to your left in a lane, can you state (158) whether he was under fire of the enemy guns.

A: He was, I should suppose.

Q: How far off from you was he?

A: That time not more than 120 yards.

Q: Do you recollect whether the regiment directly in front of you had moved when Col. McFerran was arrested?

A: My recollection is it had not though, I don’t know the exact time he was put under arrest. I know that Lt. Col. Lazear came up and assumed command before it moved.

Q: What time did the firing cease on the night of the 22nd?

A: After night a little while, perhaps 9 or 10 o’clock.

Q: Was there any firing next morning before your regiment moved?

A: No sir.

Q: did you hear any firing from the time the regiment stopped at night until it moved he next morning?

A: No sir.

Q: Do you recollect the condition of your men on the morning of the 23rd?

A: We were in the same condition we had been all night.

(159)

Q: Were you ready to move?

A: Yes.

Q: On how short notice?

A: We were ready to get on our horses and lope.

Cross Examination By the Judge Advocate

Q: Your regiment was in advance at Independence was it?

A: Yes Sir.

Q: Do you know Col. Winslow?

A: I do not.

Q: Do you know he was commanding a Brigade?

A: I heard he was.

Q: Do you I know the condition of your command as to ammunition on the evening of the 22nd?

A: After the fight, the condition of my own company I know about. We had pretty much used up what ammunition we Had in our boxes.

Q: Were you engaged to any great extent after you were out of ammunition that evening?

(160)

A: I knew but little about the ammunition situation until after the engagement, when I found my supply was nearly exhausted.

Q: After you found out you were out of ammunition did you report the fact to your colonel?

A: I reported it to Maj. Neill.

Q: Don’t you recollect being relieved about the time by Col. Winslow’s Brigade on the evening of the 22nd?

A: I recollect being relieved by some troops. I understood they were Col. Winslow’s.

Q: Did they push to the front?

A: Yes.

Q: You have stated you saw Col. McFerran twice during the engagement; once where the regiment dismounted, and another time at your left. How far were you at these respective and places from him.

A: The first time about 100 yards and the next time about 120 yards.

Q: What was he doing?

A: Riding along on a horse.

Q: Did you look at him any length of time?

(161)

A: Long enough to know him.

Q: Were there others in that vicinity?

A: Yes sir.

Q: Was the enemy using artillery at the time you saw him first?

A: No sir; I think not.

Q: At the time you saw him on your left how far were you from him?

A: About 120 yards.

Q: What was he doing?

A: Moving along on his horse.

Q: Was he operating with these two companies you saw there with Major Neill?

A: I could not tell.

Q: Did he seem to be?

A: Yes sir, he had the appearance.

Q: Did I understand you to say your regiment was engaged until night?

A: Yes until about night.

Q: You say there were some changes made (162) in your position after you crossed the wheat field (balance of question unreadable)

A: My understanding was that was by order of Col. McFerran.

Q: Do you know anything about it personally?

A: No sir.

No questions by the court

The witness then retired

Captain H. F. Peery, Company K, 1st M. S. M. Cavalry, a witness for the defense was then sworn was then sworn in the presence of the accused an examined.

By the Accused

Q: Were you with your regiment on the 22nd and 23rd days of October last?

A: Yes sir.

Q: Where were you on the morning of the 23rd?

A: About 3 miles beyond Independence.

Q: How long had the regiment occupied that position?

A: We stopped there the night before about ten (163) o’clock and stayed there until that morning.

Q: Did you go to the rear of the regiment on the morning of the 23rd?

A: Yes sir.

Q: For what purpose?

A: To have some coffee prepared for the men.

Q: By whose orders?

A: Mayor Niells. He did not give me the order himself, but I send an orderly to see him about it, and he reported that the Major said I could go back.

Q: Do you know Col. Cole?

A: I know him when I see him.

Q: Did you see him on the morning of the 23rd?

A: Yes sir.

Q: Did you have any conversation with him?

A: he came to me and inquired what regiment I belonged to. I told him, and he said my regiment had orders to move to the front and told me to move forward immediately.

Q: Where was the foraging party under Lieutenant Johnson?

(164)

A: I saw them up front to see if he had rations for my company.

Q: Where did you go to get rations: was it to the foraging party?

A: It was back to the wagons. I had my company hauling rations, and Lieut Johnson was there with his men taking breakfast. That is a portion of the party was there.

Q: had that party been with the regiment all night?

A: No, it had not been with the regiment.

Q: What time did it come up?

A: The first time I knew of them was when I went back and saw them.

Q: How far was it in the rear of the regiment?

A: Two or three hundred yards.

Q: Was it separated from the balance of the regiment?

A: Two or three hundred yards.

Q: Was it separated from the balance of the regiment.

A: I don’t know whether there were any troops between our regiment and this party or not.

Q: did you go to that party?

A: Yes sir.

(165)

Q: Was Lieut. Johnson with it?

A: Yes sir.

Q: Was it there you saw Col. Cole?

A: Yes sir.

Q: What was the question he asked you?

A: He inquired what command I belonged to; I told him and he said the regiment was ordered to the front and for me to move forward immediately.

Q: Did he ask by whose order you were there?

A: Yes sir.

Q: What did you say?

A: I told him by permission of my commanding officer; I don’t recollect whether I mentioned Maj. Neill’s or not.

Q: Did you mention Col. McFerran’s name?

A: No sir; I had no permission from him.

Q: You went there to get coffee for the men?

A: Yes.

Q: How long had you been there when Col. Cole came up?

A: I had just got there.

(166)

Q: Whose battalion did you belong to during the campaign?

A: Maj. Neill’s.

Q: Were you with it all the afternoon?

A: No sir.

Q: Were you with it when it went into action?

A: Yes.

Q: What course did it take in reference to the position of the regiment when firing first commenced?

A: We were ordered to the left, I think.

Q: Did you go through a cornfield?

A: Yes and through a nursery.

Q: Was there a lane in front of this?

A: Yes.

Q: What is the distance to the lane from where you first started in?

A: From where we first dismounted it was 250 or 300 yards.

Q: Did you go clear across the lane?

A: Yes, and into a stubble field.

Q: When you went to get coffee where did you leave your company, and in what condition?

(167)

A: I left them standing at their horses; one man went with me.

Q: had they occupied that position all night?

A: Yes.

Q: What time did the regiment move in the morning?

A: About 7 o’clock as well as I remember.

Q: Was that a little after sunrise?

A: Yes sir.

Q: How long had the men been without provisions previous the 23rd?

A: On the morning of the 22nd we had some hard bread issued, nothing after.

Q: When had the horses had anything to eat?

A: On the morning of the 22nd my horses had a little fodder – very little.

Q: Can you state the distance your regiment traveled on the 22nd to the point where you were first engaged?

A: About 33 miles from where we camped to Independence.

Q: You did stop at Independence?

A: No, we went right through.

(168)

Q: How long was your regiment engaged during the evening of the 22nd?

A: From about half past two to about 8 or 9 o’clock.

Q: Was it moving about much or did it occupy one position?

A: Moving right along, driving the enemy all the time, as well as I could understand it.

Cross –Examination by the Judge Advocate

Q: How far was it across the stubble field after you left the nursery?

A: I think about a quarter of a mile, maybe farther.

Q: After you got out of the stubble-field you went into a pasture?

A: I did not go out of it. Genl. Brown came along and ordered me to take possession of a brick house to my left.

Q: Was there any fighting there?

A: Yes, the rebels had possession of it at the time.

Q: How long did you remain there?

A: until near night.

(169)

Q: Can you tell how the rest of the regiment was engaged while you were absent?

A: Nothing more than I could see them moving updriving the enemy to my right. I was not very close at the time.

Q: Do you recollect whether, before you got to the wagon on the morning of the 23rd, you passed Capt. Thurber’s battery?

A: I did not notice it; I may have passed it.

Q: Did you see Col. McFerran during the engagement on the 22nd?

A: Yes.

Q: Where?

A: at the commencement of the battle I saw him ordering the men into action, and I saw him once more on my right, and to the left of Major Hill.

Q: Directing the men to their positions; showing them where to go.

No Questions by the Court

The witness then retired.

(170)

First Lieut. B. A. Johnson, 1st M. S. M., a witness for the defense was duly sworn in presence of the accused and examined.

By the Accused

Q: Were you in command of a detail of your regiment as a foraging party on the 21st of October 1864?

A: I was.

Q: When was the detail made?

A: I am not positive whether it was on the morning of the 10th or 11th of October last.

Q: By whom was it made?

A: By order of Col. McFerran.

Q: Was it not made later than that time?

A: No sir. The Colonel ordered me to report to the Adjutant for as many men as I thought necessary for the campaign.

Q: What were your orders to report to the regiment?

A: To report as after as soon after as convenient.

Q: On the 21st and 22nd where was that detail?

A: I think during the day on the 21st I was with the command until we reached camp near Lexington (171) on the 22nd we left the command when the column moved from camp.

Q: Did you get to the command on the night of the 21st?

A: Yes, we camped with the column that night.

Q: At what point?

A: Near six miles southwest of Lexington.

Q: Did you report to the commanding officer of the regiment?

A: I did on the morning of the 22nd – it was past midnight.

Q: At what time?

A: Between 12 and one at night, I would not be positive about the hour. I reported to him and received orders.

Q: Had you brought subsistence for the regiment?

A: We had some beef at camp near Lexington. It was past 12 when we camped and we had a small lot of beef; it was not full rations.

Q: What did you do with the detail on the22nd?

(173)

A: We left camp on the Sni on the morning of the 22nd, and foraged from there to Fire Prairie Creek, taking up beef and flour for the regiment. I did not come to the column again till the morning of the 23rd.

Q: What time in the morning did you get up?

A: The wagons came in I presume about one o’clock to the command. Yes we were not conscious that we were near the command. I did not know where the command was until the next morning between 6 and 7 o’clock.

Q: How far in advance of you was the command?

A: Not more than half a mile from where I stopped the wagons.

Q: That is the rear of the regiment was within half a mile of you?

A: Yes.

Q: Do you recollect of Col. Cole calling at your camp on the morning of the 23rd?

A: I recollect an officer calling there. I don’t know whether it was Col. Cole or not.

Q: what was his rank?

A: I did not notice.

Q: Do you know what he said?

(173)

A: I don’t remember his words. He addressed himself to a captain and said, “Captain, what are your men doing here?”

Q: What Captain was it?

A: Captain Perry answered him.

Q: What answer did he give?

A: He answered did he give?

A: He answered that he had permission to have his men there?

Q: What order did that officer then give?

A: He ordered the men forward.

Q: did he ask the Captain by whose permission the men were there?

A: Whether he asked that or not I am not satisfied, but I think he did. I think the question was asked who gave him permission, and he answered, his commanding officer.

Q: did he name his commanding officer?

A: He did not.

Q: Was that all that was said?

A: There was more said in ordering the men forward.

Q: Did your men move forward?

A: All the men who had been near by got their horses and moved forward.

(174)

Q: Did the foraging party move forward?

A: They moved forward, but did not report to the command; they remained with me.

Q: What were your men doing?

A: Preparing breakfast. We were also preparing coffee for the men of my company, with the intention of having it carried to the lines.

Q: Where were your horses?

A: Tied about promiscuously; some to trees and some to the fence, and some running about loose.

Q: Did you have your saddles off?

A: I could not say positively; I presume some were unsaddled.

Q: Did Capt. Peery have any horses of the men of his company when he came to where you were?

A: I don’t know whether he rode down or not.

Q: Were there other horses than those belonging to your party?

A: Yes, and there were led horses – horses which had given out during the march and were led by men detailed for that purpose.

(175)

Q: They were not horses in actual service?

A: Not that I know of.

Q: Had you made a report to Col. McFerran that your party had arrived?

A: I had not since the morning of the 22nd near Lexington.

Q: Did you report to him that morning at any time?

A: Yes.

Q: At what time?

A: I could not give the exact time: it was after sunrise.

Q: Was he in command of the regiment?

A: No sir.

Q: Had he been put under arrest?

A: He had; at least referred me to Lieut. Col. Logan for orders?

Q: How many men did you have in the foraging party?

A: As many as 18 at that time.

Q: How many led horses were there belonging to the regiment which were not in the service?

A: I could not state.

(176)

Q: About how many?

A: I cannot state with any certainty.

Q: What was the nature of the where you were camped on the morning of the 23rd; was it prairie or timber?

A: Timber.

Q: Did you see other troops in the neighborhood of your detail on the morning of the 23rd not belonging to the 1st regiment?

A: There were considerable; many troops passed up the road.

Q: Did you see any stragglers?

A: I don’t remember. It was late when I got up and had been up all night and did not pay particular attention, and could not say whether they were straggling or not.

Q: Were you on or off the road?

A: we were on the road.

Q: At the time this conversation took place between Capt. Peery and the officer you spoke of were there any other officers present besides yourself and Capt. Peery.

A: I noticed no other.

(177)

Q: Do you know whether there were any others about the place when your men camped?

A: To my recollection, there were others.

Cross Examination By the Judge Advocate

Q: Did you have any conversation with Captain Peery before Col. Cole came up?

A: I spoke to him.

Q: Did he tell you what he came for?

A: I don’t remember that he did.

Q: Do you know what he came back for?

A: I don’t know that I could say I know, because he did not state.

Q: What was the distance from where you were ever camped with the detail to the head of the column?

A: I don’t know where the head of the regiment rested. It was about half a mile from where I encamped to where I reported to Col. McFerran. The troops were then in motion.

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

A: I don’t think I did; I have no recollection of it.

(178)

By the Court

Q: Did you see the ammunition wagons that night?

A: Yes sir.

Q: Where did they stop during the night?

A: Near where I stopped.

Q: In the rear or advance of you?

A: They were in advance of me.

Q: Between you and the regiment?

A: Yes.

Q: How far?

A: A short distance; not farther than one fourth of a mile.

Q: Would that take them to the rear of the regiment.

A: I suppose it would, but I do not know where the rear rested, because the troops were in motion when I came up.

Q: Were these wagons in advance of you when you stopped?

A: Yes sir.

(179)

By the Accused

Q: Were you not appointed acting Quartermaster and commissary of the rgiment by Col. McFerran about the time you were detailed on this foraging expedition?

A: I was.

Q: That was the appointment you referred to when you said you were appointed the 10th or 11th of October last?

A: Yes sir.

The Witness then retired

The court then adjourned until 10 ½ o’clock a.m., Thursday, December 1st, 1864