wood on Deep Run, and, forming into line of battle, advanced upon Latimer's battery, which was posted in the plateau on General Pender's left and supported by one of his regiments. Perceiving this attack, I moved my brigade forward to the edge of the timber, in rear of the battery. Detaching the Fifty-seventh and Fifty-fourth North Carolina Regiments, I advanced with them to attack the enemy, who had now gained the line of railroad which crosses the plateau directly in front of the battery and about 200 yards from it. The enemy was promptly driven from the railroad by the Fifty-seventh North Carolina, which was in advance, and the regiment continued to move steadily forward to within 300 yards of the Bowling Green road, driving his infantry before it. During the action a body of the enemy opened fire, from the wood bordering the run, upon the left of the advancing line. This was promptly checked by a fire from the left of the Fifth-seventh and from the Fifty-fourth, which changed front obliquely to the left in order to face the wood.

In the mean time the Fourth Alabama had been brought forward in front of the battery as a support. Having accomplished my purpose of driving the enemy from the vicinity of the battery, I ordered the two regiments in advance to retire and take position on the railroad, which they held until after dark, when they were relieved by the Sixth North Carolina.

The conduct of the Fifty-seventh and Fifty-fourth North Carolina Regiments was admirable. I cannot speak in too high terms of their steady courage in advancing, and the coolness with which they retired to the line of railroad when ordered. Colonel Godwin, commanding the Fifty-seventh, and Colonel McDowell, commanding the Fifty-fourth, ably assisted by Lieutenant-Colonels [Hamilton C.] Jones, jr., and [Keneth M.] Murchison, handled their commands with great skill and coolness.

The officers of my staff, Captain [L. R.] Terrell, assistant adjutant-general, and Lieutenant John Cussons, aide-de-camp, were, as usual, conspicuous for gallantry and usefulness, contributing materially by their exertions to the good conduct of the troops.

It is with deep sorrow that I report the death of Private V. S. Smith, of the Fourth Alabama Regiment, an acting officer on my staff. Alabama never bore a braver son, and our country-s cause has never received the sacrifice of a manlier spirit. He fell where the hour of danger always found him-at his post.

The following is a recapitulation of the loss of the brigade:*

Command Killed Wounded Missing

4th Alabama 4 18 -

44th Alabama - 2 -

6th North Carolina 5 19 -

54th North Carolina 9 35 3

57th North Carolina 32 90 2

Total 50 164 5

I am, major, very respectfully,

E. M. LAW,

Brigadier-General, Commanding.

Major W. H. SELLERS,

Assistant Adjutant-General.

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*But see Report No. 265, p.559.

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