In this engagement the casualties were, as appears by the reports of the brigade commanders, herewith transmitted, as follows:

Command. Killed. Wounded.

Daniel's 2 22

brigade.............................

Walker's brigade.................... .......... 12

Artillery........................... .......... 15

The strength of the enemy's position and their imposing numbers were such that to attempt an attack upon them with my small force unsupported would have been perfect madness; for to have done this would have required a march of over three-quarters of a mile up a steep hill destitute of cover. I accordingly withdrew about 9 p. m. to a position somewhat in advance of that occupied in the morning.

On Tuesday evening I moved my division to a point on the river road half a mile below the upper gate at Curl's Neck, and there remained during the night in line of battle; but, as before, I deemed it out of the question to attack the strong position of Malvern Hill from that side with my inadequate force.

On Wednesday afternoon, in pursuance of orders from the commanding general, I took up my line of march for Drewry's Bluff, leaving General Wise at Chaffin's

Since then nothing of striking interest has occurred in my command.

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

TH. H. HOLMES,

Major-General, Commanding Department North Carolina.

Lieutenant Colonel R. H. CHILTON,

A. A. G., Headquarters Army of Northern Virginia.

Numbers 353. Letter of Lieutenant Colonel James R. Branch,

commenting on the report of General Holmes in regard to Branch's Battery.

RICHMOND, VA., November 12, 1864.

GENERAL: A few days since I saw for the first time your official report, dated Petersburg, July 15, of your operations around Richmond. In it I respectfully submit that great injustice is done me. reporting your operations on June 30 on the river road in front of Malvern Hill, you state that your "troops behaved well, with the exception of Major Burroughs' battalion of cavalry and Graham's battery, with a part of Branch's, whose conduct was shameful in the extreme." The inference is legitimate that I was present, and if any misbehavior occurred with any portion of my battery that I was responsible for the same. In another portion of your report you state that the enemy being reported to you retreating in confusion over malvern Hill, your ordered Colonel Deshler, your chief of artillery, to proceed from New Market, where your command was then stationed, 2 miles down the river road