Foley' death was reported by the Richmond Daiiy Dispatch, on May 26, 1862.
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The Campaign in Southwestern Virginia.
Southwestern, Va. May 20, 1862.
Having seen frequent misrepresentations of Col. Jennifer's conduct, for " abandoning"Mercer county recently to the enemy, and for "alarming" the community in this section, as well as the Confederate Government, it has occurred to me that a simple and brief narration of facts might not prove unacceptable to a newspaper having that reputation for fairness which, even its enemies confess, has always characterized the Dispatch.
Col. Jennifer had judiciously chosen Rocky Gap — a point a few miles this side of Mercer Court-House — for the main body of his cavalry regiment, and had placed the remainder under Lieut-Col. Henry Fitzhugh, at the latter place. Thus matters stood when Captain Foley → , a trusty scout, commanding a small partisan force, and a brave and noble fellow, brought intelligence to Lt.-Col. Fitzbugh that the enemy was advancing in large force. Lt. Col. Fitzhugh communicated this information to Col. Jennifer, and in reply was instructed by the latter to keep a constant watch upon the enemy, and to exercise his discretion in harassing his advance, if opportunity should Under these circumstances Lt.-Col. Fitzhugh moved forward with all his available force in the direction of the enemy. In the meantime the most active and vigorous efforts were directed to removing our stores of every description from Mercer Court House. And as it is upon this subject that such false reports have been circulated including among other statements one that Col. Jennifer left behind or burned, besides immense quartermaster and commissary stores, several hundred small arms, let me say that there is not a word of truth in them not a gun, not a pistol, not as once of powder or lead, was left or destroyed All were saved. Indeed, everything of every description was safely removed, except a few bushels of oats and a few pounds of bacon, and these, the merest trifle in quantity, were destroyed.
But to return to the movement of Lieut.-Col. Fitzhugh. During his march, this gallant officer learned from his scouts that the advance guard of the enemy had encamped for the night at a Mr. Fleshman's, a point about sixteen miles the other side of Mercer C. H. He determined at once to attack them, hoping to surprise them; but at all events, by a bold and offensive movement upon the advance guard, to intimidate the main body and retard its movements so as to secure time for the complete removal of our stores at Mercer C. H., and enable the Government to assemble a force on the railroad, upon which it was manifest the enemy was marching by way of Mercer C. H.
The attack was made about daylight by Lieut. -Col Fitzhugh, his force being divided into three parts. One division of his little force attacked the enemy on the right flank, another on the left, while Fitzhugh had the third party in person immediately along the road, to draw the enemy's fire, and thus enable the other two parties to get as close as possible without resistance.
The enemy, though surprised, made a gallant resistance. They poured their first fire upon our men in the road, killing two and wounding several others, among whom was the former quartermaster of the regiment, James Ward. No better man ever yielded up his life in behalf of his country. Our men returned the fire; the two parties on the right and left did the same thing, and all rushed upon the Yankees with a yell. For a time complete success seemed certain. Many Yankees were killed outright, many others fell wounded, while a few escaped by taking to their heels; but the greater portion of them took refuge in a large two-story log house near by, and barricaded the doors. The removal of the chinking between the huge logs furnished them with admirable loop-holes; from these they maintained the fight vigorously.--Lieut.-Col. Fitzhugh attempted to storm the house, but though our men made heroic efforts, it was found to be impracticable. It was in one of these charges that the brave Capt. ← Foley fell mortally wounded. The now impregnable position of the enemy rendering a farther attack unavailing, and the main body of the Yankees rapidly approaching to the relief of their advance guard, our little force had no option but to withdraw. It requires great fact to do this successfully — but it was done most consummately. A few of our most active sharpshooters were stationed at various points, who kept up a vigorous fire at the loop holes of the house, while our main body withdrew with their dead and wounded, in such a manner as to make the enemy mistake the movement for a new disposition of our troops for a renewal of the fight. Our sharpshooters did not leave until a regiment of the main body of the Yankees arrived, and then joined our retreating column. The enemy pushed on in pursuit with his main body, preceded by a large cavalry force. These made desperate efforts throughout the day to attack our little force, now cumbered with the conveyance of the dead and dying; but a succession of ambuscades into which the Yankee knights fell taught them to be wary. Thus our forces reached Mercer C. H., beyond which the enemy did not pursue. Col. Jennifer then met Lieut.-Col. Fitzhugh, and, taking command, directed operations from that point. Penetrating the intentions of the enemy to march upon the Virginia and Tennessee Railroad, and knowing his strength, Col. Jennifer at once apprised our Government of the necessity of immediate reinforcements. For this he was coinsured a an "alarmist" He was also gravely consured for not remaining at Mercer C H., and thereby preventing the farther advance of this "squad" of Yankees--everybody insisting that it was only a hundred ra hundred and fifty of the enemy on a marauding excursion. The very newspapers of Richmond have teemed with such censures upon Colonel Jennifer. Now, let the facts, as they have subsequently transpired, come to his vindication. The Government fortunately did heel Col Jennifer's "alarms," and sent Gen Heth, with several thousand men, to his assistance. Did they find there was nothing for them to do when they came? The enemy had already penetrated to Giles C. H., and Gen Heth's forces come not an hour too soon. They drove the Yankee advanced guard from that point five or six miles, and since that time have found themselves confronted by a force of the enemy greater than our own, and this is now supposed to be but half the force with which the enemy marched upon Mercer C. H., the remainder being at the latter place So much for Col. Jennser's "alarms," and the censures upon him for not keeping back this force with one regiment of cavalry. G.