In the action of July 1 my regiment was not actively engaged, but were nevertheless exposed to a very severe shelling for some time, losing a few men.

Very respectfully, your obedient servant,

WM. H. BATTERY.

Captain, Commanding Thirty-eighth Regiment Georgia Vols.

Captain E. W. HULL,

Assistant Adjutant-General.

Numbers 251. Report of Major Thomas J. Berry,

Sixtieth Georgia Infantry (Fourth Georgia Battalion), of the battle of Gaines' Mill.

CAMP NEAR MAGRUDER'S MILL, VA.

July 27, 1862

CAPTAIN: I have the honor respectfully to make, for the information of the brigadier-general commanding, the following report of the part taken by the Fourth Battalion Georgia Volunteers in the action before Richmond on June 27:

The battalion did not get into the action until about 5 p.m. We were then ordered through a piece of woods, and while going through were under a heavy fire of shot ad shell,as well as of musketry, from the enemy. On emerging from the woods we found near us several regiments of Confederate troops and here halted, as there was no general officer present, we having become separated from our brigade in coming through the woods. While waiting here a regiment of the enemy, which proved to be the Third [Fourth] New Jersey, emerged from the woods on our right. Fire was immediately opened upon it and it fled precipitately, and were nearly all captured by some regiment of our troops stationed to the right of our brigade. Major Birney of the Third [Fourth] New Jersey, and several non-commissioned officers and privates here fell into our hands. We remained at this point for some time (probably half an hour) when General Lawton came to us and was personally cognizant of affairs from that time until the firing ceased for the night.

I would respectfully mention to the brigadier-general commanding the efficient aid rendered the field officers by Adjt. B. F. Keller, who was at all times at his post, regardless of danger. I would also respectfully call the attention of the brigadier-general to the fact that after the firing had ceased for the night Private John W. Mack, Company C, Fourth Battalion Georgia Volunteers, while unarmed, captured in the woods 1 lieutenant, 1 sergeant, and 2 privates, of the First New Jersey Regiment, all armed; disarmed them, brought them into camp alone, and delivered them to his captain.

I am, captain, very respectfully, your obedient servant,

THOS. J. BERRY,

Major Fourth Battalion Georgia Volunteers.

Captain E. W. HULL,

Assistant Adjutant-General.

P. S.- I make this report, in the absence of Lieutenant-Colonel Stiles, by order of General Lawton.