finement on board transports. On the morning of the battle the regiment had present for duty about 250 men, about 520 men sick, of whom 200 were in hospital. About 225 men were in line early in the action.

The commanding officer of the regiment, Colonel Roberts, fell under the sharpest volley that was fired that day, and shortly after his fall the regiment fled about 100 feet to the rear and to the cover of some gullies in a disorderly manner. About two-fifths of the men present for duty did not return to the position in line of battle during the day.

It appears that early in the action Lieutenant-Colonel Fullam had been dispatched by his colonel to see to the firing of a battery which was endangering the regiment; that Major Holbrook was officer of the day. Upon the fall of the colonel, therefore, the command of the regiment devolved temporarily upon Captain (now Major) Porter, who seems to have behaved creditably in a trying position. When the lieutenant-colonel returned he assumed command of the regiment. The only testimony before the board discreditable to him is the following, from Lieutenant-Colonel Elliott's deposition:

I did see something in the conduct of officers which I thought deserving of censure. I saw Colonel Fullam, after they had fallen back, seeking protection, drawing his regiment up in a ravine. I asked him what he was doing there. He said he was getting his men into a sheltered position. I saw no other officers show a disposition to evade duty. I think the regiment was over 200 yards in the rear of their camp.

So far as any evidence appears it would seem that the line officers behaved well during the day.

It appears that the Seventh Vermont Regiment, or a part of it, did fire into the Twenty-first Indiana, but there is an exculpation to be found in the testimony of the commanding officer of the Indiana regiment, Captain Grimsley, to wit;

Occupying the position they did the Seventh had no means of knowing where we were. * * * My impression is that when we received the volleys from the Seventh Vermont we ran under a fire which was already going on.

It appears also from the testimony of various witnesses that the field was covered by dense fog and smoke, so that it was quite impossible to distinguished a friend from a foe at the distance the two regiments were apart; and, moreover, that the position of the Indiana regiment was very frequently changed.

It does not appear that any orders were communicated to the Vermont regiment during the day which they disobeyed.

It appears that the colors of the regiment were retained by the color guard during the action, and were brought off the field by the guard when the regiment fell back.

It appears that the camp colors alleged by Captain Manning, of the Fourth Massachusetts Battery, to have been brought from the camp of the Seventh Vermont by John Donoghue were two markers of the form in common use and one small United States flag, which had been used for no military purpose for a long time previously.

HENRY C. DEMING,

Colonel Twelfth Regt. Conn., Vols., President of the Court.

JNO. W. TURNER,

Colonel and C. S.

A. B. FARR,

Lieutenant-Colonel Twenty-sixth Regiment Massachusetts Vols.

WILLIAM L. G. GREENE,

Lieutenant Second Louisiana Volunteers, Recorder.