was done in good order. During this march of 150 yards my men came to an about-face twice, firing two volleys. At the crest of the hill we formed and delivered several volleys, which were only answered by the battery of the enemy before described, which had opened on our flank when we first came upon the field. At 8 o'clock I received orders to march my regiment back to camp, which order was obeyed with much reluctance by officers and men.

The bearing of officers and men throughout the entire engagement was most excellent. Where all were brave, cool, and efficient it is impossible to say to whom belongs the highest meed of praise. My first division, comprising Companies A and F, occupying the most exposed position, stood manfully up to their work, many of the men, after firing their 60 rounds, replenishing their cartridge boxes from the supply of their dead and wounded companions.

While it may be impossible to particularize where the conduct of all is entirely satisfactory, the heroism of the dead may be recorded. First Sergeant Boland, of Company F, mortally wounded, refused to be carried off the field until after the fight, and First Sergt. Jonas M. Rich, Company A, also mortally wounded, after being carried a few paces to the rear, ordered his companions to place him at the foot of a tree to die, and return to the conflict.

I append a tabular statement of killed, wounded, and missing. The aggregate of killed is 13; wounded, 61; missing, 13.*

I most respectfully claim for my regiment that it fired the last volley and was the last to leave the field on the right.

Very respectfully, lieutenant,

H. L. CAKE,

Colonel Ninety-sixth Pennsylvania Volunteers.

Lieutenant R. P. WILSON,

Acting Assistant Adjutant-General.

No. 181. Report of Brigadier General John Newton,

U. S. Army, commanding Third Brigade, of the battle of Gaines' Mill.

HEADQUARTERS THIRD BRIGADE, SLOCUM'S DIVISION, July 5, 1862.

SIR: I have the honor to submit the following report of the action of my brigade in the battle of the 27th ultimo:

My brigade was ordered out of its camp to cross the Chickahominy to the support of General Porter without waiting for the rest of the division. When I arrived near the field of battle the other brigades of the division came up with the commander of the division. I was advanced with Upton's battery, when aides-de-camp from General Porter detached the brigade from the division. On my arrival at the scene of conflict General Porter directed me to arrange the brigade so that two regiments should enter one side of the woods and the remainder another side of the same woods, nearly at right angles with the former. I took command of the Thirty-first New York and Ninety-fifth Pennsylvania Volunteers, and gave to Colonel Matheson the charge of the Eighteenth and Thirty-second New York Volunteers. As Colonel Matheson was separated from me during the whole action, I append

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*See p.40.

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