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No. 33.

Report of Brig. Gen. Robert B. Mitchell, U.S. Army, commanding Ninth Division, including skirmish October 7.

OR. Vol. 16, Pt. 1, p. 1076 - 1079


Goodnight Spring, 2½ miles from Perryville, Ky.,

October 9, 1862.


     CAPTAIN:  I have the honor to submit the following report of the part taken by the Ninth Division in the engagement of the 7th and 8th instant, near Perryville, Ky.:

     Upon the arrival of my column, about 2 p.m. of the 7th, at a point on the Springfield and Perryville turnpike about 5 miles from Perryville, I formed my brigades, under the direction of General Buell, on the right and left of the road,, with the batteries in position and the men under cover. The Eighth Kansas, Lieutenant-Colonel Martin, and the Thirty-fifth Illinois, Lieutenant-Colonel Chandler, were advanced to the front in rear of a section of Captain Pinney's Fifth Wisconsin Battery, which, with the cavalry advance, had come upon the rebel outposts, and was then engaging a battery of the enemy. A little before sunset these regiments were advanced to the front of the battery and engaged the enemy till dark, when they fell back to their former position. The Eighty-first Indiana Volunteers, Major Woodbury, and Twenty-fifth Illinois, Lieutenant-Colonel McClelland, were thrown out as pickets upon the left and front.

     At daylight on the morning of the 8th I sent forward a section of Captain Hotchkiss' Second Minnesota Battery to relieve the section of Captain Pinney's battery, which, under Lieutenant Hill, did such brilliant work the day before.

     At 2 p.m. of the 8th, in obedience to orders received from Major-General Gilbert, commanding corps, I advanced my division on the road to a point designated by General Gilbert, where I formed my brigades as follows:

     The Thirtieth Brigade, Colonel Gooding, Twenty-second Indiana Volunteers, commanding, composed of the Twenty-second Indiana Volunteers, Lieutenant-Colonel Keith; Fifty-ninth Illinois Volunteers, Maj. J. C. Winters; Seventy-fourth and Seventy-fifth Illinois Volunteers, commanded respectively by Lieutenant-Colonel Kerr and Lieutenant-Colonel Bennett, and the Fifth Wisconsin Battery, Capt. O. F. Pinney, on the left of the road.

     The Thirty-first Brigade, Colonel Carlin, Thirty-eighth Illinois Volunteers, commanding, composed of the Twenty-first and Thirty-eighth Illinois Volunteers, commanded respectively by Colonel Alexander and Major Gilmer; the Fifteenth Wisconsin Volunteers, Colonel Heg; the One hundred and first Ohio Volunteers, Colonel Stem, and two sections of Captain Hotchkiss' Second Minnesota Battery, commanded by Lieutenant Dawley (Captain Hotchkiss, with one section, being engaged with General McCook on the left), I formed on the right of the road, on a wooded eminence, the men under cover, this brigade being in rear and within supporting distance of General Sheridan's division, which was then engaging the enemy in front.

     The Thirty-second Brigade, Colonel Caldwell, Eighty-first Indiana Volunteers, commanding, was formed in rear of the Thirty-first Brigade, Colonel Caldwell's brigade comprising the following regiments and battery: Twenty-fifth and Thirty-fifth Illinois Volunteers, commanded by Lieutenant-Colonels McClelland and Chandler; the Eighth Kansas, Lieutenant-Colonel Martin; the Eighty-first Indiana Volunteers, Lieutenant-Colonel Timberlake, and the Eighth Wisconsin Battery, Captain Carpenter.

     Almost immediately upon the formation of my lines the enemy appeared, advancing in force upon the right of Colonel Carlin's line, with the evident intention of charging upon his battery, which was upon his extreme right. I directed him to open fire upon them as soon as he could do so effectually, but they retired under cover at the advance of Colonel Carlin's skirmishers.

     At this time I received a message from General Sheridan, stating that he was hardly pressed on his right and front and needed re-enforcements. I ordered Colonel Carlin to advance with his brigade rapidly to General Sheridan's right and aid his division. Colonel Carlin immediately advanced, leading his brigade through a skirt of timber to the open field on the right, and upon ascending the brow of the hill discovered the enemy rapidly advancing in great force upon General Sheridan's right. Colonel Carlin immediately formed his brigade, and at the double-quick charged upon the enemy, who after a moment's stand gave way to the impetuosity of the charge, and breaking in disorder ran precipitately to and through the town of Perryville a distance of nearly 2 miles. Colonel Carlin pressed them closely till they reached the bluff on the other side and formed under the protection of two batteries, which were in position there. The gallant Carlin charged with his brigade through the enemy's lines, completely piercing their center; but finding his ardor had outstripped all support, and having the enemy's artillery and infantry on both flanks, he fell back during the confusion of the enemy to a position immediately adjoining the town, and placed his battery in position on the west side of the town, the rebel batteries and our own firing directly over the town till darkness made further action impossible. This charge gave the officers and men of the Thirty-first Brigade a splendid opportunity to evince the intrepid, gallant, and soldierly qualities which the occasion showed they possessed. The manner in which they stood the subsequent severe artillery fire was worthy of high praise.

     In Colonel Carlin's advance the Thirty-eighth Illinois Volunteers overtook and captured on the edge of the town a heavily loaded ammunition train of 15 wagons, 2 caissons, with their horses, belonging to the Washington Light Artillery, and the train guard of 138 men, with 3 officers. Major Gilmer, Thirty-eighth Illinois, deserves great credit for the skill and activity he displayed in this capture.

     The Thirty-second Brigade, Colonel Caldwell, was advanced at different times to the positions vacated by Colonel Carlin. The officers and men of this brigade did not have the opportunity to gratify the desire for a chance at the enemy that their looks, language, and actions showed they possessed.

     At the time Colonel Carlin's brigade advanced Colonel Gooding, Thirtieth Brigade, was ordered by General Gilbert to advance to the aid of General McCook, upon whom the enemy had massed a large force with the evident intention of turning his position. Colonel Gooding proceeded with his brigade to General McCook's position, and, under General McCook's direction, formed upon his left, and there remained, with some slight variations of the position of his regiments, till dark, receiving a most deadly fire from the enemy, who were possessed of great advantages of position.

     The appearance of the field the next day showed, however, that the brave heroes of Pea Ridge (the Twenty-second Indiana and Fifty-ninth Illinois Volunteers) had returned the fire with terrible effect and had won new and bright laurels to add to their former fame.

          The Seventy-fifth Illinois Volunteers, under Lieutenant-Colonel Bennett, were upon this line, and, having a reputation to gain as soldiers, nobly did the work before them. Their loss was heavy, including Major Kilgour, wounded severely. Colonel Gooding, during the temporary confusion produced by a heavy flank fire of the concealed enemy, became involved in the enemy's lines, was slightly wounded and taken prisoner. By his address and cool bravery, however, he succeeded in deceiving the commander of the rebel forces till his brigade had withdrawn to a position where it was less exposed to cross-fires. Lieutenant-Colonel Keith, Twenty-second Indiana Volunteers, and Lieutenant West, acting assistant adjutant-general of the Thirtieth Brigade, both fell here; the former killed, the latter severely wounded. Both were gallant officers and fell while discharging their duties.

     Captain Pinney's Fifth Wisconsin Battery was placed in position under the orders of General McCook, and for nearly three hours (almost unsupported) defended itself against the terrible numbers and charges of the enemy, piling the ground in front of his guns with their slain. This brigade continued in position till, darkness rendering their position (the enemy being concealed) too much exposed, they withdrew to their position on the road, fatigued, terribly depleted in numbers, and mourning the loss of so many brave comrades, but still preserving their organizations intact, and anxious for the next day's opportunity to go again into the fight. Colonel Gooding's brigade operated more directly under the command of General McCook, and I presume his report will contain a more detailed account of their positions and operations.

     The casualties in my command were as follows:

The Thirtieth Brigade: Killed, 121; wounded, 314; prisoners, 35; missing, 29; total, 499. The Thirty-first Brigade: Wounded, 10. The Thirty-second Brigade, none. Grand total, 509.

     I have already spoken of the gallant conduct and skillful management of Colonel Carlin, commanding the Thirty-first Brigade, but cannot refrain from again calling your attention to the eminent services and brave actions of this modest and efficient officer in this engagement.  By his courage and skill the enemy's center, a strong position, was broken and the rebels thrown into confusion. Colonel Gooding did his whole duty as the commander of one of the best brigades in the service of the Government. Indiana may well feel proud of his conduct in that bloody conflict.

     I cannot refrain from expressing my gratitude to my staff, including Lieutenant Pratt, acting assistant adjutant-general; Lieutenant Lines, aide-de-camp; Lieutenant Rankin, of the Second Kansas Regiment; Lieutenant Andrews, Forty-second Illinois Volunteers, and Lieutenant Wood, of the Signal Corps, for the able, gallant, and heroic manner in which they discharged their respective duties during the engagement, always ready and willing to take any risk or make any sacrifice for the good of their country's cause.

     Surgeon Hazlett, of the Fifty-ninth Illinois Volunteers; Lieutenant-Colonel Keith, Twenty-second Indiana; Lieutenant Johnson, Fifty-ninth Illinois; Lieutenants Tolbert and Ridlen and Capt. R. K. Smith, of the Twenty-second Indiana, and Lieutenants Blean and Eels, of the Seventy-fifth Illinois, died gallantly defending the honor of their country's flag. They will never be forgotten by a grateful country.

     On the morning of the 9th a force of rebel cavalry was seen winding from the enemy's left and evidently proceeding toward the Harrods-burg turnpike. I directed Hotchkiss' battery to fire upon them, which was done with good effect, the enemy rapidly retreating. I then advanced with my division to this point, seeing on every side indications of the enemy's precipitate retreat. I discovered about 1,500 small-arms, which I have turned over to Lieutenant Horton, ordnance officer, staff of Major-General Gilbert.

     I am, captain, very respectfully, your obedient servant,
Brigadier-General, Commanding.


Acting Assistant Adjutant-General.

Excerpts from the Testimony of General ROBERT B. MITCHELL, Commanding, Ninth Division, Third Corps, Army of the Ohio.

Transcript from Phonographic Notes of the Buell Court of Inquiry.

OR Vol. 16, Pt. 1, P. 92 - 98


NASHVILLE, December 9, 1862-10 a.m.

Commission met pursuant to adjournment. All the members present; also the judge-advocate and General Buell.


General ROBERT B. MITCHELL (a witness for the Government), being duly sworn, testified as follows:



Question. What is your position in the Army of the United States?


Question. State, if you please, what service you have been under General Buell in Tennessee and Kentucky as to time.

     I marched from Iuka to Tennessee on the 28th July, 1862, in command of the Fourth Division in the Army of the Mississippi, for the purpose of joining General Buell’s command at this point. I do not think it possible, that I can recall the dates. I marched to Columbia, Tenn., under my written order's, and there I received orders by telegraph to join General Buell's army at Murfreesborough, Tenn., which I did, and reported to General Buell in person. From there I marched to this point, Nashville. After remaining here a few days, in the rear of General Buell's army, I marched in the direction of Louisville, under his directions. I do not remember where I overtook the main army. The army was at Bowling Green, Ky., marching to Louisville and from Louisville to Crab Orchard. At Louisville the army was reorganized. In consequence of the arrest of General Davis I was placed in command of the Ninth Division of the Army of the Ohio, and commanded it from Louisville to Crab Orchard.

Question. Do you know at what place the rebels under General Bragg invaded or crossed the Cumberland in their invasion of Kentucky?

     I do not.

Question. Do you know anything of their line of march to Bardstown?

     Only from report. From Bardstown I followed close in their wake to Perryville.  I commanded the advance of the central army corps from Bardstown to Perryville.

Question. Do you not know now, as you know any other historical fact, what was the course taken by the rebels?

     I have an impression from observation and from hearsay.

Question. Will the knowledge which you have justify you in stating to the Commission at what points, previous to the capture of Munfordville, that army might have been attacked with the prospect of success?

     Well, it would.  I commanded a division, without any knowledge, except from common report, where the enemy were. You are well aware that all kinds of reports are flying along the line from morning to night.  We believed the enemy were marching very near us, but had no positive knowledge of the fact.

Question. You proceeded with the army from Louisville to Crab Orchard and were present at the battle of Perryville?  What was your position there?

     I occupied the right of General Gilbert's corps.

Question. State, if you please, if you took any part in that fight.

     I did. About 10 o'clock in the morning of the 8th of October I was ordered to the front. Had been occupied for three previous days in front. During the night General Sheridan, with a portion of his division, was ordered to pass me. It was the night of the 7th.  He passed me some time in the night. I was ordered about 10 o'clock to move forward with my entire division, and after marching probably 2 miles General Gilbert rode up to my line and directed me to take position with two brigades to the right of the road leading from Springfield to Perryville. I was directed to place two brigades in position on that hill, leaving one brigade in the valley to the left of the road as a reserve. I went up and formed my two brigades, which were in the advance on the hill, and was directed there to wait orders by General Gilbert.  I had no orders directly from General Buell, but after 7 in the evening I had orders to form two of my brigades in line of battle, and encamped in front of General Buell's headquarters, and received orders from him personally to advance one brigade as outpost and lay there that night. I placed my men in position about 12 o'clock on the right of the road in sight of the town of Perryville. This was on the 8th.  I remained there for orders until Sheridan's line was attacked by the enemy.

It was a pretty severe skirmish. An effort was made to take a battery that was in an advanced position and was repulsed by Sheridan, and a few moments after that time to Sheridan's right and my front there was a large force of the enemy, a full division, if not more, concentrated, and had commenced a movement on Sheridan's right. In the mean time Sheridan had sent a messenger saying that unless he was supported or re-enforced he would have to fall back. I directed the messenger to return and to say to Sheridan that I was watching the movements of the enemy and would strike them before they reached his right. In ten minutes I ordered Colonel Carlin, colonel Thirty-eighth Illinois, then in command of the Thirty-first Brigade, to advance under cover of the timber as far as possible, and directed him to break the enemy's lines there without firing a gun. He proceeded under the order until he had arrived within 150 yards of this concentration under cover of the timber and a kind of half-hedge fence. There were thorn bushes innumerable along the fence after he left the timber that covered his movements. In consequence of the timber and the brush he got to within 150 yards without being discovered, and under my direction ordered a double-quick at the charge of the bayonet and drove the enemy without firing a gun. As soon as they were repulsed they were driven into the town of Perryville, 1½ or 2 miles. That must have been about 3 o'clock or probably later, perhaps nearly 4. There is an elevation on the side of the town. On our arrival at that elevation there was a battery opened upon us, shooting across the town. I ordered up four pieces of Carlin's battery, two pieces having been detached for supporting General McCook, and two or three pieces of another battery in my division opened fire upon this battery, in the mean time throwing our skirmishers into Perryville. In twenty minutes we silenced the battery on the other side of the town and had driven the enemy out of the town of Perryville. I sent my aide-de-camp to direct the commanding officer of that regiment to change his direction to the left of the town and rather to the rear of the enemy and directed Colonel Carlin to support him. I rode back to the brigade that was following up for the purpose of supporting Carlin's brigade about 600 yards; it may have been more, but not exceeding 700 yards. This regiment that had changed their direction to the left of the town had captured thirteen wagon loads of ammunition, two ambulances, and two caissons, said to be of the Washington Battery, and brought them off the field.

     Before I had changed my direction I was visited by General Gilbert's aide-de-camp and directed to hold back; that I was acting rashly and would not be sustained.

I had not followed General Gilbert's aide-de-camp's directions, but preferred my own, and took possession of the hill, and I said if General Gilbert desires to give me orders I wanted them in writing; that I had received a great many orders from his staff officers that were not sustained by him, and if he desired me to fall back he must bring me a written order from General Gilbert. At the time of the capture of these wagons-perhaps a little before - I received an order in pencil, directing me to fall back on a line with General Sheridan, who commanded the left of our army corps in that fight. I told him I would obey the order, and fell back with one brigade in line with General Sheridan. With the other brigade I exercised my own discretion, and so far as Carlin's brigade was concerned I directed him to remain till we got further orders.

     After falling back I occupied a commanding position, with artillery covering the town of Perryville and the Danville road. I directed him to remain until we had specific orders from headquarters. The other brigade fell back in line with General Sheridan's and within supporting distance, knowing that General Wood's advanced brigade was within striking distance. He had notified me through my aide-de-camp that he was there. I occupied that position all night.

     I never saw anything of General Gilbert from the time the fight commenced till 3 the next morning, on the field. He came to where I was lying under a tree between 2 and 3 o'clock next morning. In the mean time I had visited General Buell and advised him of my position, and soon General Gilbert came, and that was the first time I saw him after he ordered me to take my position on the heights to the right of the road.

     In justice to General Buell I should state that when I came in he said I had the only face that looked like victory since the commencement of the fight.

Question. What explanation did General Gilbert give of his conduct?

     He never gave me any.

Question. Did he ever give you any?

     Not of his conduct there. After the time I followed in pursuit of the rebel army under the direction of General Gilbert he undertook to explain why he was not in the front to direct personally.

Question. What reason did he give?

     He said I might think it strange his not coming some time to the front. His staff annoyed me from the time I went into the corps till I left it. They would come and order a brigade to do a certain thing as direct from General Gilbert, as they said, and when I talked to General Gilbert he denied authorizing such an order.

     After I had engaged the enemy for about three hours in front of the town of Lancaster we advanced slowly and steadily, and he came up to me after he had ordered me to fall back within a mile of Lancaster. He came up, and I told him we had committed a great error by not taking possession of that road; that I had discovered a large number of wagons passing there, and I was satisfied the enemy were getting away in the rear with their transportation trains. Had he permitted me to advance to that road I could have cut off a large number of wagons. He said there was no water and that we could not make an encampment. Our men, I told him, had been without water, and could have stood it for one night. Said he, "You may think it strange that I was not in the front, but I remained in the rear for the purpose of supporting you." I replied that I preferred he would just let me alone and permit me to exercise my own judgment. I had lost all confidence in General Gilbert. I did not know whether he was captain or general. I only knew him from the fact that he wore two stars. He was commanding an army corps as a major-general.

Question by General TYLER. How was he placed there?

     I don't know. I was ordered to report to Major-General Gilbert.

Question by the PRESIDENT. Was he not major-general?

     I saw him subsequently at Louisville and he had only one star.

Question. Was he a brigadier-general?

     I don't know. I saw in the papers that he was appointed brigadier.

Question by JUDGE·ADVOCATE. How long did the army remain at Perryville after the action there and what course did it take?

     Two whole days. I marched the third day.

Question. In what direction did you march?

     I started out and struck the Harrodsburg pike, marched on about three miles, and went on the road between the road to Harrodsburg and the road to Danville; there is a road between the two.

Question. You were there in pursuit of the rebels; they were marching in the direction of Harrodsburg?

     I understood they had marched from Harrodsburg to Danville on the pike. We marched half way in the direction of Perryville to Harrodsburg and then struck in a direct [map produced] route to Danville between the two roads. After leaving Bowling Green I was ordered to take the Merry Oak road to Glasgow, and was ordered to proceed cautiously, by General Buell himself, to Wright's Store, to encamp that night, which I did. I went in pursuance of General Buell's direction, and met a brigade of cavalry, which came into camp some three hours after I had arrived there. I have a memorandum from you [addressing General Buell] saying unless I met the enemy I was to proceed the next morning to a certain point, Bell's Tavern, a railroad station, where there was a cavalry force said to be.

Question. Did you understand the object of Bragg's army in marching toward Harrodsburg after that action at Perryville?

     I know no other reason than that they were cut off in the Danville road by a portion of my command. We covered with parts of two batteries the Danville road, and with the force on my right, had we been supported, we could have held the position against Bragg's whole army. I know another reason: the supposition was they were to make a junction with Kirby Smith, and I subsequently understood they did.

Question. How did it come that that position was not maintained?

     It was. I have a diagram which will give you an idea of the country there. (Diagram produced.) The town of Perryville and the Danville road were covered by parts of two of my batteries. The road leading from Perryville to Harrodsburg was 10 miles, on which the enemy retreated, and I am told that from Harrodsburg to Danville is 10 miles. My battery was on an elevation west of the town. That is the position my batteries occupied, supported by Carlin's brigade, with six or seven guns in position there.

(Map produced as furnished by General Buell on the night of the 8th.)

Question. What prevented you from holding Perryville?

     I did hold it. I advanced to Perryville.

Question. What was there to prevent the army moving forward to Danville?

     I do not know of anything. Next morning, on the 9th, I was ordered to proceed to Good-Night Springs, and found on the field 2,000 stand of small-arms - on the road up and at Good-Night Springs - which I collected and turned over to General Gilbert’s ordnance officer.

Question. What would have been the effect of the army moving on to Danville instead of Harrodsburg?

     We could have cut off the entire army by moving in that direction at the time I moved in the direction of Good-Night Springs.

By General TYLER:

Question. You supposed the enemy were whipped that night and had retreated?

     General McCook told me he thought he had been a little worsted, but I thought we had done all that could be required of us on the right.


Question. Where were General Buell's headquarters during the action of the 8th?

     It was back on this road, perhaps 2½ miles from the battle-field. I could not tell definitely.

Question. Was there any severe fire of musketry?

     Not very, till we got into Perryville, where we had a brisk skirmish; but the musketry was on General McCook's front. From half past two for an hour and a half we heard musketry. It was terrific.

Question. You marched to Perryville expecting to meet the enemy in force there?

     I did. I think I reported to General Buell on the night of the 7th that I could have taken possession of the town that night. I do not recollect the remark he made, but the next night when I told him I occupied the town of Perryville he appeared surprised.

Question. Cannot you recollect the conversation that occurred between you and General Buell the evening before?

     He said I was rash, intimating that I was exceedingly eager, but I could not recollect the exact words. I recollect very distinctly telling him that we could have entered the town, but he laughed and turned it off in some way. We had been skirmishing during the evening before the battle.

Question. Was General Buell at his headquarters during that engagement?

     I do not know. General Buell was thrown from his horse.

General BUELL. I authorize the witness to state that I was at my headquarters.

     The WITNESS. General Buell was lame from the fall from his horse.

Question. To whom did you report the result of your fight?

     To General Buell at least as late as 9 o'clock at night. The fight was over about 5. We fell back about 5, or perhaps before. I sent an aide-de-camp with a rough diagram, made on horseback, to General Gilbert, showing him the locality, but he came back and reported that he could not find him. I was unable to get any orders, except as I told you, through his aide-de-camp, and I refused to obey them, because they had deceived me before. I instructed the aide-de-camp to go to General Gilbert and say to him that we were in the rear of the enemy's batteries and I asked for instructions. That was after I was ordered back by the aide-de-camp of General Gilbert.

Question. What would have been the effect of your advancing at the time you received the order from General Gilbert?

     Had I been supported I could have taken the Washington Battery. I had made a reconnaissance in person, and there was no infantry supporting the battery except those that were taken prisoners - about 170. Everything that I did discover was in advance of the batteries and fighting McCook; the battery was also shelling McCook.

Question. Were you present at a meeting of officers at Prewitt's Knob, in which the movements of the army were discussed and General Buell's conduct commented on?

     I was at no council. I was never at a council of any kind during the time I was in the Army of the Ohio.

Question. Do you recollect any conversation at General McCook's headquarters at Prewitt's Knob?

     I cannot call anything to mind.

Question. Were you present at any conversation at which it was suggested that General Buell should be put under arrest and General Thomas put in command?

     I never heard any such talk.

The PRESIDENT. You have stated that General Gilbert was not in the front?

     I would not state that he was not at the front, but I did not see him. I don't know where he was. After he ordered me to the right of the road I never saw General Gilbert till next morning. I frequently asked him for an explanation of the object of the movement and what he expected us to do, but he failed to give me any reply. General Schoepf was in command of one of the divisions. He was in the reserve.


Question. What was the strength of Gilbert's corps?

      I cannot come near it. My best impression is about 21,000. On reflection I think it was larger.

Question. How many batteries had he?

     He had two full batteries and a four-gun battery, and my impression was that each of the other divisions in our corps had three batteries. It was reported to me, as General Wood advanced, Bragg was within a mile of Crittenden's corps on my right.  That, was about 4 o’clock in the evening, within sight of the Danville road. My division was 8,500 when at Louisville. I think Sheridan's division was not as strong as mine. General Schoepf had more regiments, but mine were fuller. I think we had that number of men.


(Diagram produced and the positions of Sheridan's and Mitchell's divisions marked.)

      I have not studied the diagram sufficiently to fix the distance with exactness. My original line was 1¾ miles from Perryville. We could not see McCook's from our position. Sheridan was next on my left and then McCook.

The PRESIDENT. I would like to have you mark upon this map the line of your advance and how far you had got.

     The distance was about 600 yards, entirely out of town.

The PRESIDENT. Had you plenty of ammunition?

     An ammunition wagon to each regiment was very close at hand.  I had but little use for small-arms. The brigade that was taken from me by General Gilbert without notifying me was exhausted of their ammunition, and the cartridge-boxes were filled on the morning of the 9th, when they were supplied with a full complement of ammunition. They lost something over 400 men, 2 field officers killed and 1 mortally wounded.  I think there were 13 officers killed and wounded. General Gilbert came to me and asked me to send some officers of influence to reconcile that brigade, saying it was demoralized. I sent my acting assistant adjutant-general, and marched the regiments over in as good condition as I ever saw any command and as eager to go into the fight again, without any show of demoralization. Four officers were slightly wounded and the balance very severely.

Cross-examination by General BUELL:

Question. General, you stated in your direct testimony that you said to me that you could have gone into Perryville with your division on the evening of the 7th?

     Yes, sir.

Question. Did you base that opinion on anything you saw?

     Well, from the manner of the enemy - the manner in which they fell back, not showing a disposition to make a very stubborn stand. General Buell replied to me that I could not have done it with twice my number; and furthermore told me that if I could go in there with my division he would put another star on my shoulder.

Question. How closely were the enemy pursued in the town that day?

     I think, to the best of my recollection now, it was not less than 2½ miles by the road. Across the hills it might have been nearer, but by the way we went it was that distance.

Question. What time did your division advance on the morning of the 9th?

     It was quite early; I could not tell; it could not have been much after 6 o'clock, probably before. We opened fire by 6 on the cavalry trying to pass the Danville road. I was in line of battle an hour before I had any orders to advance. General Gilbert sent an order after we had been in line of battle an hour. The firing was opened from our advanced brigade by Colonel Carlin.

Question. Did you see anything of the corps on your right as you were advancing on the morning of the 9th?

     Yes, sir, I did; the advance brigade. It advanced about the same time I did in the morning to my right across the Danville road. I think the whole corps crossed there. I know the advance brigade went in the direction of Harrodsburg. I supposed at the time that the cavalry was driven up by that division from their extreme flank, where they had been the day before, but I could not tell. I know they appeared to be in a great hurry to get out of the way as fast as possible. We got ten or twelve shots at them from our artillery. This was part of Crittenden's corps. I met General Wood that morning, but cannot state exactly the time. He was commanding one of General Crittenden's divisions.


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