orders to move by the right flank. We moved to the right and in advance. Were halted near a small stream, and formed in line. Remained in this position but a short time, when I received orders to march back. Arrived near the Plank road about 9 p.m.

My loss to this time was 2 men killed, 8 wounded, and 2 missing, a list of which you will please find attached.*

The men here rested on their arms about one hour, when I received orders that a column of attack was to be formed for the purpose of charging the enemy and retaking the Plank road. My position was in the second line, the First New York Volunteers on my left and the Thirty-seventh New York Volunteers on my right, with instructions to use the bayonet only, the first line to do the firing, to take the guide on the left, and advance by the right of companies to the front. I gave the order to my company officers that, as soon as the firing commenced, to bring their companies into line, thinking that amid the din of battle the order might not be heard, as the line were but a few feet apart. Advancing into the woods, the order repeatedly came down from the left to take ground to the right, which brought us in an oblique direction to the right. We advanced about 500 yards into the woods, when the fire opened in front.

In the confusion of an attack of his kind in the night, it was only through the greatest exertions of my officers that the line was formed. Once formed, the men dashed on with a yell, taking an oblique direction to the right, dashed over a breastworks, and received a fire of musketry and grape from the right. Still they dashed on to within a few yards of the battery, when it was discovered that we were charging the Twelfth Army Corps, of our own troops. I collected together what I could find of my regiment, which had become very much scattered, and received orders to place it in the breastworks that we had already charged, in front of the Twelfth Corps, where we remained until daylight the next morning.

Our loss during this charge was 10 men wounded and 12 missing. The most of the missing are supposed to be killed or prisoners.

I would state that Lieutenant Waters, with about 20 men, kept to the left, and advanced to the Plank road, found the enemy in large force, and, having no support, retired.

About an hour daylight on the morning of the 3rd, I received orders from Captain Fassitt, of General Birney's staff, to move my regiment to the point we started from the evening before. I at once ordered Lieutenant-Colonel Pierce to have the pickets which I had posted on my right flank to follow up the movement of the regiment, acting as skirmishers, as the enemy at this time were advancing and firing briskly upon us. I reached the point designated, without loss, in time to move with the brigade to a position near the brick house. From this position we were marched to the left of the white house, in advance, and placed in line, in rear and supporting-'s battery, under a severe fire.

While forming the line at this point, I received a slight wound in the left hand and right arm, which disabled me for a short time, leaving the regiment in charge of Lieutenant Colonel E. S. Pierce. While under his command, the regiment made the charge, led by General Birney, toward the white house; swung around to the left and cross the ravine, capturing about 20 prisoners. The regiment was then moved to the rear and right of the brick house; reformed, and awaited orders. Hearing that

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* Embodied in revised statement, p.178.

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