I send a revised list of the casualties in the brigade with this report.*

I have the honor to be, most respectfully,

CHAS. H. INNES,

Colonel, Commanding Third Brigade, Fourth Corps.

Captain FRANCIS A. WALKER,

Assistant Adjutant-General.

No. 89. Report of Lieutenant Byron Porter,

Acting Assistant Adjutant-General, of operations of the Tenth Massachusetts Infantry.

HEADQUARTERS THIRD BRIGADE, June 9, 1862.

SIR: In obedience to orders from General Couch I have the honor to present the following report of the operations of the Tenth Massachusetts Volunteers on the 31st of May:

Seven companies of the regiment (the other three being on picket) assembled on the color-line as soon as the firing in the front was heard, at about 1.30 p. m., and then marched up and took position in the east side of the Nine-mile road, the left resting on Captain Flood's battery, which was placed on the right of the Williamsburg road. After remaining here a short time the regiment was marched by column of companies left in front across the Williamsburg road, and placed in the rifle pits in the left of the road, the left of the regiment extending to the pines. Here several men were wounded.

After lying in the rifle pits some time orders came to go to the front in the slashing, which was promptly done. When the head of the column, conducted by General Devens, had reached about half way up the road between the felled timber a gun was discovered, which the enemy were bringing into position to rake the road. This fact being communicated to the commanding officer, he ordered the regiment to form forward into line, which was promptly done, the line extending along a cleared space in the slashing to the standing timber in the left and one company on the right of the road.

Immediately after this position had been taken and fire opened in the enemy it was found that the rebels in great force were approaching on the left, completely outflanking and overlapping the left of the Tenth. General Devens sent an aide-de-camp at once to notify General Keyes, but the rebels immediately opened a heavy fire on the left and rear of the regiment, causing some confusion. After a short resistance General Devens ordered a retreat, in the execution of which, owing to the nature of the ground, the regiment was partially broken up, but rallied on the colors as soon as the slashing was cleared, and fell back to the camp, where the line of battle was cleared, and fell back to the camp, where the line of battle was immediately formed again. The regiment was then marched back to the rifle pits under a galling fire, losing some men. After remaining in the rifle pits some time General Keyes conducted the regiment in person to a new position on the right of the road in the pines. Immediately after arriving at this new position it was found that the enemy in force was turning the right flank; two regiments at the same time attacked in the front. The Tenth opened

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*Embodied in return, p.761.

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