road, my line of battle extending along the crest of the hill and passing near to and somewhat beyond a large barn filled with hay. In this position, with a well-handled battery playing upon us, our first five was delivered, the enemy replying with destructive effect. Capt. H. E. Cunard, Company I, was one of the first to fall, shot through the head, while gallantly performing his duty. A little later Capt. Leonidas McDougal, Company H, while waving his sword and cheering his men, fell pierced by a ball through the breast. Later still First Lieutenant Starr, Company K, died like a soldier in the midst of his men. About 175 of my regiment were killed and wounded upon the crest of the hill. Our line was steadfastly maintained until the barn on our right was fired by a shell from the enemy's batteries, and in a few minutes the heat became so intense that my right was compelled to fall back. After rallying we were relieved by the Fifteenth Kentucky, Col. Curran Pope, and our ammunition being nearly exhausted, we retired to the bottom of the hill. Soon after I sent Companies A, D, and F to act in conjunction with two companies of the Fifteenth Kentucky in endeavoring to hold a fence which ran along the side of a field in which we had been fighting and perpendicular to our former line, but the fire of the enemy's battery, combined with that of his infantry, was so deadly that these men were again ordered to retire. The Fifteenth Kentucky having by this time left the crest of the hill and the enemy opening from a new battery on our right a fire which completely enfiladed our line, I concluded, after consultation with Colonel Pope, to leave the ravine, filed off into the

-----

road and was marching toward the rear, when I perceived the enemy emerging from the woods upon our right and coming in great force toward the ground we had just bee holding. I immediately ordered my regiment to face about and advanced to meet the enemy, intending, in the absence of ammunition, to charge him with the bayonet. I was met here, however, by Lieutenant Grover, of Colonel Lytle's staff, with an order from him to retire. Accordingly we turned into a ravine on the right of the road and were supplying ourselves with ammunition when, hearing that Colonel Lytle, my brigade commander, was killed, and being separated from the other regiments of the brigade, I reported to Colonel Harris, commanding the Ninth Brigade, for further duty. Night soon came on, however, and the engagement ceased.

During the battle the flag presented by the people of Ohio to the Third Regiment was gallantly upheld. It never once touched the earth, although the color-sergeant, Macoubrie, was killed; and after him five others who successively bore it were shot down.

My regiment went into action with 500 men. Our loss was 45 killed, 144 wounded, and 15 missing, a list of whom is hereunto annexed.* Fully appreciating the valor of my own officers and men, I desire to bear testimony to the gallant conduct of the Fifteenth Kentucky, whose members fought side by side with ourselves.

JOHN BEATTY,

Colonel, Comdg. Third Regiment Ohio Volunteer Infantry.

Col. CURRAN POPE, Commanding Seventeenth Brigade.

---------------

*But see revised statement, p. 1033.

---------------