advanced in front of the guns. I then went to the rear, and opened that section of guns, firing obliquely through the gully, doing good execution. At this time the Sixth New Jersey Volunteers, Lieutenant-Colonel Gilkyson commanding, and Fortieth New York Regiment, Colonel Egan commanding, came to our support. These regiments marched down the gully, fighting like tigers, exposed to a terrific fire of musketry, and, when within 100 yards of the rebel line, the Fourth Maine, which still held the hill, were forced to retreat. Very soon afterward the Fortieth New York and Sixth New Jersey Regiments were compelled to follow. I then ordered my remaining guns to the rear. When I left three guns on the hill (one having been sent to the rear disabled). I was under the impression we would be able to hold that position, but, if forced to retreat, I suspected my supports would save the guns, which, however, they failed to do. I could have run my guns to the rear, but suspecting to use them at any moment, and the position difficult of access, I thought best to leave them for awhile. Again, I feared if I removed them the infantry might mistake the movement for a retreat. In my opinion, had supports been placed in the woods, as I wished, the hill could not have been taken. I conducted my command to a field near the Baltimore turnpike, three-quarters of a mile from Third Corps headquarters, and encamped for the night, reporting three guns for service next morning to Captain Clark, acting chief of artillery. I regret to report the loss of @ brave men, viz, Coral. John A. Thompson and Private Isaiah Smith, and the wounding of 10 privates, many severely. Eleven horses were killed and disabled. Three 10-pounder Parrot guns and gun-carriages (supposed to have been taken from the field by the Twelfth Corps) were lost. The non- commissioned officers and privates conducted themselves throughout the day with commendable bravery. Total amount of ammunition, expended, 140 rounds. I trust no blame will be attached to me for the loss of my guns. I did that which in my judgment I thought best.

I am, captain, your most obedient servant,

J. E. SMITH.

Captain, Commanding Fourth New York Battery.

Captain GEORGE E. RANDOLPH,

Chief of Artillery, Third Corps.

Numbers 185. Report of Lieutenant Benjamin Freeborn, Battery E, First Rhode Island Light Artillery.

NEAR WARRENTON, VA.,

July 28, 1863.

SIR: I have the honor to report the following as the part taken in the actions near Gettysburg by this command: On the morning of July 2, the battery was in position in the second line of battle, under command of First Lieutenant John K. Bucklyn, remaining there without firing until 3 p. m., when it was ordered to the front. We moved up and took a position near the Emmitsburg