infantry, until very nearly one-half of my command was either killed or wounded, I gave orders for the battalion to fall back across the road, under the hill. Since the time the order was given to fall back, I have heard nothing from the color-bearer, who had the colors with him. I heard that a wounded man reported him as having stopped to assist him, and, while doing so, he was taken prisoner, together with one of the color-guard, who is also missing.

The Eightheenth North Carolina Regiment.- In regard to the loss of the flage of this regiment, Colonel John D. Barry (then Major Barry) makes the following report:

On Saturday night (the 2nd instant), while marching by the flank upon the Plank road under the severe shelling of the enemy, Color Sergeant [J. E.] Richardson was severely wounded and to the rear. Corporal [A. J.] Prophett, of the color-guard, then seized the flag, and at the beginning of the action of the 3rd he bore it. During the action he was killed, and Corporal [Owen J.] Eakins, Company E, also of the color-guard, was intrusted with it. He bore it through the first charge upon the enemy's intrenched position until orders were received to fall back. This order, it appears, he did not immediately hear, and Lieutenant [Alfred] Rowland, Company D, seeing that he still remained, went to him and ordered him back. He obeyed, following in the rear of Lieutenant Rowland, and was probably the last man in the regiment to leave the field. He had gone but a few feet when he, too, was killed; but this was not observed by any of the regiment until we were reforming in the rear of the first line of the enemy's works, and they (the enemy) entering the line we had fallen back from; and the position in which the colors had fallen made it impossible to recover them; at least, very unwise to attempt it.

I beg leave to report that one standard and the flag-staff and portion of another were captured with the following circumstances attending their capture:

Captain N. Clark, Company E, Twenty-eighth North Carolina Regiment, reports the following in regard to the capture of the standard of the Third Maine Regiment:

I have the honor to report that our company, on the 3rd instant, before day, after the repulse of the famous charge of the enemy on our lines, captured 1 officer (who told the man detailed to carry off the prisoners that he belonged to General Hays' staff), 1 lieutenant, 4 or 5 privates, the color sergeant, and standard of the Third Regiment Maine Volunteers.

Lieutenant Colonel J. H. Hyman, Thirteenth North Carolina Regiment, reports the following concerning the capture of a flag-staff and portion of the flag by Private Monroe Robinson, of Company A, Thirteenth North Carolina Regiment:

The regiment had routed two lines of the enemy (the first in breastworks) and were engaged with the third line, which was soon broken. The cartridges of most of the men were completely exhausted, and as Private Robinson discovered the color sergeant of the enemy tearing his flag from the staff, he rushed upon him, attempting to capture him, and, having no load in his gun to shoot him, he escaped.

I would state that the flag of the Third Maine Volunteers, is now in possession of Brigadier General J. H. Lane, having been badly torn after its capture.

It is also believed that another standard was captured which was carried home by Colonel E. G. Haywood, of the Seventh North Carolina State troops, who has been written to for report as to the facts of the case.

Very respectfully, your obedient servant,

H. HETH,

Brigadier-General, Commanding.