The regiment captured one 84-pounder cannon and about 200 prisoners during the morning. The casualties were 1 killed and 11 wounded; aggregate loss, 12.

Report of the part taken by the One hundred and twenty-first New York Volunteers in the battle of Sailor's Creek, April 6, 1865:

The brigade being in two lines, the One hundred and twenty-first New York formed the right of the first, the Ninety-fifth Pennsylvania being on the left. About 4 p. m. advanced across Sailor's Creek. Remained a short time under the crest of the hill to reform, the creek being quite deep and the crossing difficult. Charged with the rest of the line, drove the enemy, capturing a large number of prisoners. Pressing forward, the enemy were found to be on the right flank of the brigade, the troops on the immediate right having been repulsed. The regiment, by order of Colonel Olcott, rapidly changed front, forming on the road that, crossing the creek, runs nearly perpendicular to the original line of battle. Farther down the road, near the creek, a portion of the Thirty-seventh Massachusetts were striving to hold their ground.

The One hundred and twenty-first New York having checked the enemy, who were endeavoring to get into the rear of the brigade, was ordered to charge, which it did, driving the enemy in confusion, capturing General Custis Lee and several other officers of high rank, together with two stand of colors. General Lee was captured by Private Harris S. Hawthorn, Company F, the proofs of which, there having been some controversy about the matter, accompany this report, marked A. It was near the road mentioned that Captain Howland was killed; no braver or more gallant officers ever carried sword. First Lieutenant Morton was also killed.

The casualties in the engagement were, 2 officers and 7 enlisted men killed, and 1 officers and 12 enlisted men wounded; aggregate, killed and wounded, 22.

The officers of the command displayed, without exception, great gallantry, particularly Captain Kidder, Captain Johnson, Captain Jackson, Captain Van Scoy, First Lieutenant Hassett, and Adjutant Lowe. The names of the men who captured the colors are Warren C. Dockun, and Benjamin Gifford, Company H.

The regiment took at least 500 prisoners.

[Inclosure A.]

CAMP IN THE FIELD, VA.,

April 14, 1865.

Private Harris, S. Hawthorn, Company F, One hundred and twenty-first New York Volunteers, being duly sworn, says, that the knows of his own knowledge that he is the first person (officer or enlisted man) who seized or captured General Custis Lee, of the Confederate Army, in the engagement of the 6th of April; and that he never lost sight or control of said General Custis Lee until he delivered him up to Colonel Olcott, commanding One hundred and twenty-first New York Volunteers; and that he, Hawthorn, was one of the men detailed by Colonel Olcott, on account of such capture, to conduct General Custis Lee to the headquarters of General Wheaton, commanding First Division, Sixth Army Corps.

H. S. HAWTHORN.

Subscribed and sworn to, at Malvern, near Burkeville, Va., this 14th day of April, 1865, before me.

H. E. HINDMARSH,

Lieutenant, Judge-Advocate, First Division, Sixth Army Corps.