The left of the 5th Alabama Infantry rested on the Orange Turnpike, and Company “D”, being the left Company of the Regiment, was placed initially outside of the road. General Ewell, the Corps Commander, and General Rodes, the Division Commander, were just behind Company “D”, talking with General Battle. Captain Jonathan Williams of Company D overheard them say, “If Jones gives way, move up your Brigade and retake the ridge, but do not move any farther for the present.”
Suddenly a heavy skirmish fire opened on the front, swiftly followed by volleys along the line. Orders were given for regimental commanders to move up rapidly to the crest of the hill and hold it at all hazards in case Jones’ Brigade gave way. The woods in front were so thick that it was impossible to see more than twenty steps from the line, and all thought that General Jones held the crest of the hill. The enemy soon hurled a heavy column against Jones’ Brigade, but they quickly repulsed two charge. The Federals began sweeping down on his flank and it became evident that they were pressing the Confederates back. There was a steady stream of stragglers and wounded men coming out of a dense pine thicket in front of Battle’s Brigade, where the fighting was raging. At this juncture, General Battle, thinking that the stragglers were Jones’ Virginians giving way, ordered his brigade forward. They went forward at the double quick, in a perfect line. When the line reached a point where they could see the Virginia Brigade, instead of finding them on the hill, they found them scarcely thirty steps beyond the stream. The men continued forward up to Jones’ Brigade, however, while crossing the branch the line became broken and scattered. The men were ordered to lie down, but this seemed to have a demoralizing effect on the Virginians in front because suddenly the line broke. It’s likely that they thought Battle’s Brigade was there to relieve them. The cry from the front of "fall back," "surrounded," "cut off" caused such confusion in both lines that the 3rd and 5th Alabama became entangled in the confused mass of Jones’ Brigade. In the confusion, one of Jones’ officers cried out, “Fall back to Mine Run.” Colonel Charles Forsyth, of the 3rd Alabama Infantry, shouted, “Is that a general order?” The response came, “Yes, the army falls back to Mine Run.” While attempting to realign his command, Lieutenant Colonel Edwin Hobson of the 5th Alabama, asked the same question, and received the same answer. Erroneously assuming that General Ewell had decided against holding the line, Battle’s 3rd and 5th Alabama Infantry Regiments began retiring.
The Union troops raced forward for about three-quarters of a mile, where they were ordered to halt. Their formations had disintegrated, and the units were hopelessly snarled. Time was needed to regroup. Just where Generals Ewell and Rodes had conferred earlier, Captain Williams found General Jones trying to rally about fifty men. He was saying, I will die before I go back another inch.” While hotly engaged with the enemy on their front, the line of skirmishers that had been protecting the right flank of Jones’ Brigade, were confronted by a heavy line of infantry which came up under cover of the woods. Volleys tore into Jones’ outflanked brigade. Brigadier General Jones and another staff member were killed immediately. Overpowered, Jones’ leaderless Confederates dropped slowly to the rear, firing as they went.