Proceedings of a General Court Martial

Held at St. Louis, Mo.

In the case of Col. James McFerran, 1st Cavalry M. S. M.

St. Louis, Mo.

December 1st, 1864 10 ½ A. M.

PRESENT

The same members of Last session.

The Judge Advocate, the accused and his counsel were also present.

On motion, the accused assenting, that the reading of the proceedings of the last session was dispensed with.

P. H. Kenny, 1st Lieut. and Q. M., 1st Cavalry M. S. M., a witness for the defense was duly sworn in presence and examined.

By the accused.

Q: Were you acting Quartermaster of Gen. Browns in October last?

A: Yes sir.

Q: From what time?

(182)

A: I commenced on the 18th.

Q: Where were you on the 22nd?

A: On the road between Independence and Westport.

Q: What time did you reach Independence?

A: Between 8 and 9 o’clock.

Q: What had you in charge?

A: The ammunition train.

Q: How far from Independence did you go?

A: About three miles.

Q: Did you make any inquiries as to there whereabouts of the Brigade?

A: I did.

Q: What time?

A: About 9 o’clock.

Q: Did you make a report?

(183)

A: No, I tried to find Genl. Brown, but did not. I caught up with the 1st Regiment, which was moving, and remained sometime without unhitching my mules, but finally turned out of the road and remained there.

Q: What time did you unhitch your mules?

A: About half past 9 o’clock.

Q: Why did you not report to Genl. Brown?

A: Because I could not find him.

Q: Did you encamp near the Road?

A: Yes.

Q: Where did you see any portion of Genl. Brown’s Brigade?

A: About 9 o’clock that night I saw part of the 1st Regiment.

Q: Where did you see them?

A: In the road on horseback, moving to the front.

Q: Were they moving at the time?

A: Yes, I rode about a quarter of a mile in advance of where I camped, and met the regiment and passed them on the road while trying (184) to find Genl. Brown.

Q: What time next morning did you ascertain where Col. McFerran’s regiment was?

A: Very early. Lieut. Doyle passed where I was before light. I first heard his voice, and then saw him by the fire light.

Q: Was that before daybreak?

A: Day was just breaking, but it was not light enough to see a man ten steps from you.

Q: Did you receive orders from Col. McFerran’s regiment to bring up the ammunition?

A: Not that I know of.

Q: How came you to bring it up next morning?

A: I kept the train moving close to the brigade. That was my instructions.

Q: Did you send word by Lieut. Doyle that the ammunition train was there?

A: No sir. I think Lieut. Doyle told me the regiment or Brigade was out of ammunition.

(185)

Q: Where did you find the 1st Regiment.

A: About six or seven hundred yards from where I stayed all night.

Q: Is that timbered country?

A: Yes.

Q: Are you well acquainted with the men and officers of the 1st M. S. M. Cavalry.

A: Yes sir, I know nearly every one of them. I have been with them about three years.

Q: What position had you held in the regiment before you were appointed Brigade Quarter Master?

A: Regimental Quartermaster.

Q: What men did you first see that morning?

A: The men under Lieut. Johnson & Capt. Peery.

Q: How many men were there about there?

A: A good many men were scattered along the road.

Q: How many belonging to the 1st Regiment.

A: I could not say positively about fifteen or twenty.

Q: How many men in all did you see in the vicinity of where Capt. Peery was?

(186)

A: I could not tell.

Q: Did you see any men belonging to other regiments.

A: yes, a good many.

Q: Was there any space intervening between where you saw Capt. Peery and Lieut. Johnson with their men, and the main body of the regiment?

A: There was.

Q: What were the men under Lieut. Johnson with their men, and the main body of the regiment?

A: They seemed to be cooking.

Q: Did you see stragglers between you saw this body of men, and the main body of the regiment?

A: I saw men passing. I did not know to what commands they belonged.

Q: How many men?

A: Not many.

Q: How many mend did you see that did not belong to the 1st Regiment from where you stayed all night to the rear of the regiment?

A: It is hard to state the number of men; there were about 70 or 80.

Q: What time did you reach the main body of the regiment with the ammunition wagons on the 23rd ?

A: About sun up, or maybe a little before.

Q: did the men proceed to supply themselves with ammunition as soon as you got up?

A: I met Col. Mcferran in the road and he told me the men were out of ammunition.

Q: Did he give you any orders as to the matter?

A: I don’t recollect that he did, but I sent the teams to their respective battalions; the ammunition was of different caliber’s.

Q: Do you mean that the men were furnished with different kinds of arms?

A: Yes sir, and I sent the drivers to those companies for which they had the proper kind of ammunition?

(188)

Q: How long did you remain with them?

A: No longer than to give those orders, I then moved on to where Genl. Brown was. I had then ascertained where he was.

Q: How was the regiment disposed when you came up?

A: To the right and left in the road as I came up.

Q: How much of the regiment did you see there?

A: I did not notice.

Q: You stated that between the point where you stayed all night and the rear of the regiment; do you mean to exclude Lieut. Johnson and his squad?

A: I think there were about 100 in all.

Q: Out of the 100 how many were of the 1st Regiment.

A: About 15 or 20.

Q: What regiment did you find in front of the d1st?

A: I do not recollect.

(189)

Q: How far did you find troops in advance of the front of the 1st?

A: they seemed to be all together, as far as I went.

Q: How far did you go till you reached Genl. Brown?

A: No far.

Q: Did Genl. Pleasanton came up while you were with Genl. Brown?

A: Genl. Pleasanton ans staff rode up while I was in the road, about ten or twelve steps from Genl. Brown.

Q: How long had you been there when Genl. Pleasanton passed?

A: About 15 or 20 minutes.

Q: Did you go any further than Genl. Brown?

A: Not that time.

Q: What time did the firing commence that morning?

A: I do not know the time; it was sometime after I was with Genl. Brown.

Q: How late did you hear firing the night before?

A: I heard firing after I came up with my trains.

(190)

Q: How long After?

A: Not more than a half hour or an hour.

Q: When you came up on the 22nd and camped did you at day time send word to Col. Mcferran that you were there with the wagons?

A: I did not, but several of that regiment knew I was there, because I was inquiring of them where Genl. Brown was.

Q: What was the condition of the men you saw in the rear of the 1st Regiment and not belong to it?

A: they were getting something to eat. I saw some broiling beef and getting coffee.

Q: Were they in a body or scattered along the road?

A: Yes, there were a great many troops between Independence and where I camped.

(191)

Cross Examination by the Judge Advocate

Q: you were detailed on the 4th of October last, to report to Genl. Brown?

A: I went out of Jefferson City with aim.

Q: Where did you first report to him as Brigade Quartermaster?

A: At Jefferson City.

Q: What orders were given you in regard to the ammunition train?

A: I did not have the ammunition train then.

Q: Where did you get the ammunition train?

A: Where I joined the Brigade. I believe at Brownsville.

Q: How far is that from Independence?

A: I do not know the distance; Brownsville is in Saline County.

Q: Where did you make the first issue of ammunition to Genl. Brown’s Brigade?

A: That was the first issue, beyond Independence on the morning of the 23rd.

(192)

Q: Were you prepared to make issues before that?

A: Yes sir, if called on.

Q: Were you up with the Column?

A: Yes sir, all the time until the crossing of the Little Blue. There the ammunition train was left back about five miles. I think by order of Genl. Pleasanton.

Q: How far is Independence from the Little Blue?

A: About nine miles.

Q: You say you got beyond Independence and inquired for Genl. Browns Brigade?

A: Yes.

Q: Of whom did you inquire?

A: Some officers of the 1st Regiment, and some men.

Q: Did you inquire of any general officer?

A: I inquired of some company commander.

Q: Were you at or near any General officers headquarters?

A: If I was I did not know it.

(193)

Q: Was it moonlight?

A: I think not; it was quite dark. I came on a gallop part of the time, and I know it was so dark I was afraid of falling down.

Q: Don’t you recollect that the moon rose about 9 o’clock that night?

A: I do not. I know there was no moonlight when I came up.

By the Court

Q: Did you cross Rocky Creek that night with your train?

A: I did.

Q: Do you know the house where Genl. Pleasanton staff stopped that night?

A: I do not.

Q: Did you stop in a lane, a field or a thicket?

A: It was hard to tell a lane from a field, (194) because the fences were nearly all torn down and made into fires.

Q: Was there a fence or had there been on both sides of where you stopped?

A: I think so.

Q: Do you recollect of a column moving from the right hand side of the road at the rear of Genl. Brown’s Brigade?

A: I think I do.

Q: Was that before or after you started?

A: I think I made haste to get into the road before they came up.

The Witness Then retired

Lieut. Col. T. T. Crittenden, 7th M. S. M. Cavalry, a witness for the defence was duly sworn in presenc e of the accused and examined.

By the Accused

Q: Where was your regiment on the evening of the 22nd of October last?

A: Near Independence.

(195)

Q: What time did you leave Independence?

A: We were leaving there all the afternoon. I suppose really, it was about 2 o’clock, but am not certain.

Q: Were you sent forward on the evening of the 22nd to the relief of Col. Mcferran’s regiment.

A: Yes.

Q: What time was that?

A: I am not certain as to the time. I think about 2 or 3 o’clock.

Q: Did you see Col. McFerran when you were up?

A: Yes sir.

Q: Did he give you any orders?

A: Yes sir.

Q: What were they?

A: As our regiment passed through Independence we were in the ce3nter of the Brigade. About two or three hundred yards beyond the town we came to Genl. Brown, and he ordered one battalion to be dismounted and go to the support; of the 1st and 4th Regiments. He told me to go to he left of the 1st Regiment and to the right of the 4th, throwing me into the center. I moved rapidly with my Battalion and just before I got to where I thought they were engaged. I saw Col. McFerran standing with a squad of men. He ordered me to throw my battalion to the right of his command. I told him I was ordered by Genl. Brown to take his left, and the right of the 4th, and that order had to be obeyed. I went on a short distance and met Major Kelly and told him the heaviest fighting was going to be right there where I was going. I moved right on down to the hedge fence and went into action immediately.

Q: How long did the engagement last?

A: I was there two hours I think. I was the ranking officer, being passed beyond Col. McFerran, and I saw that was no place to fight, that we should press right on, and I save the command to forward. Some of the 1st, 4th and 7th Regiments were there, together and I ordered them to advance immediately. I was, I believe, the first to cross the fence. Saw some officers and I told them we must drive the enemy from the pasture.

Q: Did you go across a stubble field?

A: Yes.

(`196)

Q: How many men of your battalion were killed and wounded?

A: I do not recollect. The surgeon gave me a memorandum of it, but I don’t recollect. I don’t think I had any killed, but had some wounded. The enemy overshot us, and I thought if we ad vanced we would be in less danger than where we were, and it proved to be so.
Q: How far was Col. McFerran from the battalion of Major Niel?

A: About 75 or 100 yards.

Q: On higher ground?

A: Yes sir.

Q: In a very exposed position?

A: Yes sir; more so than I was, I thought. He was on elevated ground riding a large iron gray horse, and I thought was a very good mark.

Q: Was he riding?

A: Yes sir.

Q: What portion of his regiment was on the left of the line?

A: I saw several of his lieutenants whose place I (197) knew, but whose names I did not know?

Q: Maj. Kelly was there when you came up?

A: Yes sir.

Q: Did you see Col. McFerran again that afternoon?

A: Yes sir.

Q: How long after the time you first spoke of?

A: I saw him several times. That is a short distance in my rear. I was advancing all the time, and in giving orders I had to look around, and I saw him.

Q: How far did you advance after you went into action?

A: About a mile and half, before I drew them off.

Q: What time were you relieved?

A: I think I was in about two hours – it was getting on towards sundown.

Q: What position did you occupy during the balance of the night?

A: We were in the rear of the battery, and if I am not mistaken in front of Col. McFerran’s regiment. Col. Winslow’s Brigade took the advance (198) after the fight at Independence and there was a battery intervening, and I think our regiment was the advance of our Brigade.

Q: How long did the firing continue that night?

A: Till 11 or 12 o’clock I suppose.

Q: Did you hear any firing after that time until the next morning?

A: I don’t think I did.

Q: What time next morning did firing commence?

A: What time next morning did firing commence?

A: As well as I remember it was between daylight and sun up; probably it was sun up before I heard any firing?

Q: Who was in advance then?

A: Col. Winslow’s Brigade.

Q: Do you know how far ahead of you?

A: No sir; the firing seemed to be several miles in advance of us.

Q: When you first came to the relief of Col. McFerran’s regiment, had Genl. Brown brought up his artillery?

A: I don’t think it was engaged.

(199)

Q: Was there any artillery firing on the part of the enemy?

A: Yes sir, they were shelling us furiously?

Q: Was that at the time you passed Col. McFerran?

A: Yes sir, or just after.

Q: Was part of the 1st and 4th Regiments falling back?

A: Yes sir, and I think they could not have stood it much longer if I had not come up. I know I heard the officers and soldiers along the line say as I came up, the 7th has come and we are very glad because we could not have stood this much superior numbers.

Q: Genl. Brown was still in the rear then?

A: Yes.

Q: Do you know how far?

A: Where I left him when I went into the fight, must have been half a mile or more.

Q: Do you know what the condition of the Brigade was the next morning? Whether it was exhausted or not?

A: They were very much so. What left (200) the Sni the night before at 12 o’clock, marched all that night, and the next day, and fought the enemy at Independence two hours or longer, and moved that night on the road, and stood there and laid there the whole night, with very little rest for man or horse. We were expecting orders, and expecting to move every moment; in fact were moving inch by inch as Col. Winslow drove the enemy and then holding our own horses all night. The men were so exhausted they would fall down and let their horses go, but the horses were so exhausted they would fall down and let their horses go, but the horses were so exhausted they did not get away. I know by myself, because I lost two horses myself that night, but go them again.

Q: Do you know how far Col. McFerran’s regiment ws from yours that night?

A: My impression is, his regiment was in the rear of ours, but am not certain.

Q: Do you know of the men of other regiments going to the r3ear for forage?

A: The road was lined with them from Independence to where we were. There a double line of fires from Independence out. The men perfectly exhausted would fall behind and build fires. I stopped and asked several of them to what (201) commands they belonged, and they would say they belonged to Col. Winslow’s and other Brigades, that they had lost their regiments and had stopped and built fires.

Q: Do you know of any forage being carried through to the front?

A: No sir.

Cross Examination by the Judge Advocate

Q: What time in the day was it and how far from Independence was it that Col. Winslow took the advance?

A: He commenced passing me before sun down. I was in the advance with my battalion & I was then bringing them back. The fight was over and I had halted my men in a field. The enemy had went on, and I had slipped back to where Genl. Brown was, and Col. Winslow passed me there.

Q: Did you hear any conversation between Genl. Brown and Col. Winslow?

A: No sir. I think the head of Col. Winslow’s Brigade had passed before I came up to General Brown.

(202)

Q: Col. Winslow’s command passed on the Westport road?

A: I am not acquainted with the road; I suppose so.

Q: After Col. Winslow’s Brigade passed, what was the course of Genl. Brown’s Brigade?

A: We followed in the rear.

Q: You operated on the left of Col. Winslow’s Brigade, did you not, that evening?

A: To my knowledge, I don’t think Col. Winslow’s Brigade was in the fight at Independence at all. If it was, I am not aware of it. I never saw Col. Winslow’s command until after the fight was over. The enemy were receiving, and he took up the pursuit and did what was called the night fighting.

Q: When you passed Col. McFerran, going into action, did he point out the location of his regiment?

A; He did.

Q: Was his regiment all together?

A: I took it that it was, in line moving on, as much together as it was possible to be.

Q: Was there timber where you saw the accused?

A: If there was I did not see it. There were some (203) trees in his rer, but I think not in his front. I passed beyond and don’t remember seeing any.

Q: What particular time did you see him mounted on his horse?

A: I can’t state the hour.

Q: Was it before you went into action?

A: It was just as I went into action.

Q: When did you next see him?

A: During the evening?

Q: Was it during the action?

A: Yes.

Q: Did you have a conversation with him?

A: No.

Q: What was he doing when you saw him?

A: Sometimes standing still and sometimes riding about.

Q: Near where the fight was going on?

A: Yes sir; within range, as near as necessary for an officer to be giving commands.

Q: Do you recollect a charge being made by his regiment?

(204)

A: I recollect a charge being made through the field.

Q: Was the accused along?

A: I do not know.

Q: Was his regiment there?

A: Yes, I suppose so. I don’t know to what charge you refer. The time to which I refer, I saw was to the right and left of me. I occupied the center.

Q: Was there more than one charge?

A: Not to my knowledge. We were advancing all the time. As far as I know, he may have been there. I know nothing to the contrary.

Q: At the time Col. Winslow’s Brigade came up, how was your regiment off for ammunition?

A: I had as much as I needed; I heard no complaint.

Q: What point was ammunition issued to you?

A: My regiment received no ammunition that I know of until the battle of Big Blue. I brought on that battle myself, and after being engaged some time I sent back word that my ammunition was exhausted, and had the men supplied. I was then in command of the regiment, Genl. Brown being put (205) in arrest and Col. Phillips was put in command of the Brigade.

By the Court

Q: Did Col. Winslow’s Brigade pass Genl. Brown’s Brigade prior to reaching Rocky Creek?

A: It commenced passing us before we got there. The enemy made a very stubborn stand there. Q: Was the enemy visible from where you met Col. McFerran?

A: Yes sir.

Q: Could you see their line?

A: Yes sir, and my impression is that the hardest fighting I had, except at the Big Blue was at Independence, though not so grad in its results as that at the osage. They were more stubborn to overcome at Independence than at the Osage.

By the Accused

Q: What was the force of the enemy in front of you?

A: I should judge from what I saw and heard there were at least two Brigades.

Q: What time were you remounted?

A: About sundown.

(206)

Q: Did you take any prisoners?

A: I don’t know of any, there were a great many killed and wounded.

Q: Were you in advance of the Brigade?

A: Yes.

By the Judge Advocate

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

A: About 11 or 12 o’clock.

Q: Whose Brigade was then in advance?

A: Col. Winslow’s, I was informed.

Q: When did you first receive notice that General Brown’s Brigade would advance and relieve Col. Winslow’s?

A: Next morning, between daylight and sun up. Col. Phillips was there, in command of the regiment and may have received it earlier.

The witness then retired.

(207)

Col. John Phillips, 7th Cavalry M. S. M. A witness for the defence was duly sworn in the presence of the accused and examined.

Q: Where was your regiment on the 22nd of October least?

A: On the march from south of Wellington to Independence.

Q: What time did you leave Independence on the evening of that day?

A: My recollection is it was about 3 o’clock.

Q: Was your regiment engaged with the enemy that afternoon?

A: It was

Q: Were you there in person?

A: Yes sir.

Q: State the manner your regiment went into action?