stand, and made a demonstration as if to turn our left flank, while some of the companies thought an order to fall back was given, which they executed in good order. Seeing this falling back, I at once determined to rally them in the ravine over which we had passed, and accordingly hastened to the ravine, where the companies were rallied and again moved forward. As these companies were advancing, that part of the companies that had not fallen back made a move for his company and others with Captain Smith and his company. The rallying companies at the same time made a dashing move for the battery, which was taken in fine style. The Ninth Alabama got into the battery, accompanied by Captain Mullis, of the Nineteenth Mississippi, with part of his company, and very soon thereafter a portion of a Virginia regiment got into the battery. Soon after the taking of the battery our redoubt fired twice into it, when the order was given by one of the captains of this regiment to plant the colors on the battery, whereupon Captain Warren and Lieutenant May each mounted a gun and called for the colors, whereupon Lieutenant Jones, of the Nineteenth Mississippi, mounted the gun and planted the colors over the battery. No time was spent to gather trophies; the enemy was pursued to the woods and the field cleared of his presence.

It was now apprehended, from the enemy's movements in the woods across the road, that he would attempt to retake the battery, and our line was immediately formed. The line was made up of the Ninth Alabama, one small company of the Nineteenth Mississippi, some 15 or 20 men from the Tenth Alabama, and from 100 to 150 men from a Virginia regiment, making from 350 to 400 men.

Brigadier-General Wilcox here ordered the enemy to be charged, the command for which was given the instant the general gave the order. It was about 200 yards across the field to the woods where the enemy was. The charge was made with a zeal and determination that would have done honor to tried veterans, not a man faltering.

After reaching the woods this regiment held its position about one hour, at least half of which time our ammunition was nearly exhausted, and eventually, when our ammunition was quite exhausted, I thought it best to fall back, as the man had been under fire about seven hours and were drenched with rain, which had been falling all day. I now gave the order, and the regiment fell back and was formed beyond the road, and was then, by Brigadier-General Wilcox's order, marched to the rear. The regiment took during the day some 70 prisoners.

Annexed please find a list of killed, wounded, and missing.*

In concluding this report you will permit me to assure you of the coolness and gallantry of both officers and men during the entire day.

Respectfully submitted.

SAM. HENRY,

Colonel Ninth Alabama Regiment.

Captain W. A. HARRIS,

A. A. G., General Wilcox's Brigade, Army of the Peninsula.

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*Nominal list omitted; recapitulation embodied in No. 61.

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