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QUESTION: ..Was Company C of Sims' 9th Texas Cavalry present at the Dec 9, 1861 Battle of Battle of Chusto Talasah? ..(incomplete question in above posting)
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PROOF:.......That the two people killed in the Dec 9, 1861 Battle of Chusto Talasah were in members of Company C of Sims's 9th Texas Cavalry.
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Ken Martin suggested that in an OFFICIAL RECORD, Sims said that two men were killed but only named their commanders. In the 3rd paragraph of the OR below, see the asterisks then the footnote that explains the highlighted "Nominal list omitted shows killed 2 and wounded 9".
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Immediately below are listed the two men killed who were in Captain J.E. McCoole's militia listing found in THE BOURLAND PAPERS (see header toward bottom).
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Henry P. Mallory, 1840-Dec 9, 1861 Battle of Chusto Talasah, same as Bird Creek or Caving Banks); Sim's 9th Cav, Co C (Grayson Co, TST), A-188
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Thomas Chaffin, 1831-Dec 9, 1861 Battle of Chusto Talasah, same as Bird Creek or Caving Banks); Sims' 9th TX Cav, Co C (Grayson Co, TST), A-187
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O.R.-- SERIES I--VOLUME 8 [S# 8] pp18-19
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REGIMENTAL HEADQUARTERS,
Fort Gibson, Ind. T., December 15, 1861.
SIR:
At the commencement of the engagement on the 9th instant with Hopoeithleyohola's forces on Bird Creek, Cherokee Nation, in obedience to your commands I proceeded to divide the detachment of my regiment, amounting to about 260 men, into two divisions, sending Lieutenant-Colonel [W.] Quayle, with about 50 of Captain [T.G.] Berry's company, commanded by himself, and small detachments from the following companies: Captain [J.E.] McCoole's, under Lieutenant [D.B.] Brown; Captain Hart's, under Lieutenant [R.H.] Black; Captain Williams' under Lieutenant Bowen; and Captain [M.J.] Brinson's, under Lieutenant [T.] Utley; amounting in all to about 100 men. He advanced with his command on to the creek, to the left of the Choctaw regiment. Not finding the enemy there, he returned and charged a ravine on the right of the Choctaws, which
he succeeded in taking, under a heavy fire from the enemy. Driving them from their position, he marched on and charged another ravine still farther on the right, but when he got into the ravine the Indians, who had possession of ts mouth, opened a raking fire upon his men. He ordered them to charge down the ravine,
which they did, and put the enemy to rout. A party of Indians still kept up a heavy fire upon them from the right, who were at first supposed to be Choctaws, as they were wearing our badges, but they were deserted Cherokees and Creeks. In the last charge with Colonel Quayle there were about 20 Choctaws, who acted with the greatest bravery.

With the men under my command, to wit, parts of four companies, under command of Captains Duncan, English, Wright, and Smith, after having dismounted I charged to the right of Colonel McIntosh's command and put the
Indians to flight without firing a gun. I then ordered my men to mount their horses and moved down, with the Creeks still remaining on their right, about half a mile, where we dismounted, charged into the creek bottom, and put the Indians to flight. We then mounted our horses; it was then reported that the enemy was again advancing. We again dismounted and charged down the creek, putting the Indians completely to rout. We then mounted our horses and advanced up the creek about 1 mile, dismounted, and joined the remainder of my command on the right, who were then fighting on foot in a ravine. We there withstood a heavy fire from the enemy for some time, which finally abated. The Creeks then withdrew, followed by the Choctaws. I ordered my men to fall back [and] mount their horses, after which we made a charge, and succeeded in getting our wounded men off the field. I then formed a line to your left on the prairie.

The following is a list of the killed and wounded of my command. ..(******) ..The forces of the enemy, I think, would have amounted to about 2,500 or 3,000 men. From the best information I can get I would suppose their loss to be about 150 men. The number wounded on their side not ascertained, as they were borne from the field.
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All the officers and soldiers under my command conducted themselves during the engagement with great decision and bravery.
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W. B. SIMS,
Col., Comdg. Fourth Regiment Texas Cavalry, C. S. Army.
Col. D. H. COOPER,
Commanding Indian Department.
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****** .."Nominal list omitted shows killed 2 and wounded 9".
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The commanders of the two men killed were Lt. Daniel B. Brown and Capt. J.E. McCoole.
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Header from THE BOURLAND PAPERS:
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McCoole’s Militia, Colonel Sims, Grayson County
Pilot Grove, Jul-Oct 1861
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Muster roll of Captain Jackson E. McCoole’s Company, 3rd Regiment Texas Volunteers commanded by Colonel W.B. Sims and Col. W.C. Young, of soldiers enrolled at Pilot Grove on the 29th of July, 1861 then mustered in at Sherman on the 21th day of the August 1861 by James Bourland. These soldiers were mustered out of the Texas State Troops at Camp Reeves, 30 miles from Pilot Grove, on the 14th of October, 1861, when they were mustered into the Confederates States Army. Paychecks for $42.18 for serving 47 days to all of the privates were signed for by J.E. McCoole, James B. Davis, J.R. Baggett, J.F. Stinnett, H.W. Grimes and L.D. Dumas. per BP-DM4406-3P-pp270 to 275.
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Patti, prochette@Juno.com
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