the brush and moved across the road by the flank, to aid in driving the enemy back, where our troops seemed to be very hardly pressed. The regiment had become very much broken in making its way through the almost impenetrable thickets in which we had lain for so many hours. Other regiments were in the same condition, but every man that had a musket to fire went into the fight with whatever regiment or company he happened to fall in with, and so continued until night put an end to the contest. Captain Drown had collected a company composed of his own men and those of other regiments, and bravely led them on to a body of the enemy, firing his revolver and cheering on his men, when the rebel barbarian in command exhibited a white flag, and cried out to him, "Don't fire, don't fire; we are friends," at the same time directing his men to trail their arms. Captain Drown, believing they were about to surrender, directed his men not to fire, whereupon the whole body of the enemy suddenly fired upon him killing him instantly, and also several of his men. There was no braver man in the service of the country than Captain Drown, no truer, no citizen more conscientious and upright.

There were 4 field and staff officers, 26 company officers and 740 non-commissioned officers and privates present in the engagement belonging to the Second Regiment New Hampshire Volunteers, of whom 16 were killed, 66 wounded, and 23 missing.*

In concluding this hasty report I take leave to say that the officers and men of my regiment, notwithstanding all the fatigues and privations to which they had been subjected, were throughout the day of battle not only uncomplaining but cheerful, and apparently anxious for nothing but the opportunity to do their country in the day of battle all the service in their power.

I am, respectfully, your obedient servant,

GILMAN MARSTON.

Lieutenant JOSEPH HIBBERT, JR.,

Acting Assistant Adjutant-General.

No. 12. Report of Colonel William F. Small,

Twenty-sixth Pennsylvania Infantry.

HDQRS. TWENTY-SIXTH Regiment PENNSYLVANIA VOLS., First Brigadier, Hooker's Div., Williamsburg, Va., May 5, 1862.

SIR: I have the honor to report that in accordance with orders from General Hooker, commanding division, I took up a position on the extreme right of our lines, fronting the enemy's works at this place, with a view of forming a junction with the left of General Sumner's forces. Not being able to form this junction my regiment occupied a position in front of the woods beyond the main road passing in front of the enemy's batteries. The right wing of the regiment was advanced as skirmishers, under the command of Major C. M. Berry, and immediately engaged the enemy's sharpshooters, and did good execution upon his gunners.

Observing a number of the enemy coming out from their works, apparently with a view of outflanking us, I proceeded to the right of the regiment and extended it still farther in that direction for the purpose

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*But see revised statement, p.450.

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