to advance and take precaution against demonstration upon my position. The attempt was made just before dark, the enemy forming in the edge of the woods in our front, where Captain Cox's Tenth Indiana Battery, on the right of the Thirty-third Ohio, opened fire upon them, driving them back.

I deem it improper to close this report without commending in high terms the manner in which my command bore the hardships of this terrible conflict. They suffered from cold, rain, fatigue, and hunger without a murmur. These attributes, when added to their bravery, make soldiers of which the country may be proud. I also feel it my duty to praise the courage and efficiency of my staff-Lieutenant Fitzwilliam, acting assistant adjutant-general and aide-de-camp; Lieutenant Martin, inspector, who was wounded above the knee by a shell; Lieut. H. Hollister, acting assistant commissary of subsistence, missing, after displaying great gallantry in his transmission of your orders to me; Lieut. Mundy Allen, topographical engineer- all of whom have endeared themselves to me by their prompt and intelligent performance of their appropriate duties. I would, in an especial manner, mention the name of one of my orderlies, Josiah F. Mitchell, Company B, Thirty-third Ohio Volunteers, who displayed marked courage and intelligence.

I went into the fight with 1,646 officers and men, minus two companies Thirty-third Ohio, under Major Ely, and Tenth Wisconsin, who were detached to guard the rain.

My losses are:

Thirty-eighth Indiana-Killed: Captain J. E. Fouts and 14 enlisted men. Wounded: Lieutenants T. S. W. Hawkins, M. T. Davis, and 84 enlisted men. Missing [wounded], 3.

Thirty-third Ohio.-Killed,2; wounded, 19; missing, 4.

Second Ohio.-Killed: Lieut. Col. John Kell and 9 enlisted men.

Wounded: Captains Hazlett and Maxwell, Lieutenant Van Horn, and 29 enlisted men. Missing, 3.

Ninety-fourth Ohio.-Killed, 2. Wounded: Colonel Frizell, Captain Steel, and 25 enlisted men. Missing, 29.

Tenth Wisconsin.-Killed, 3. Wounded: Capt. J. W. Roby and 15 enlisted men. Missing,6.

Total killed, 32; wounded,180; missing,45.*

Your obedient servant,

B. F. SCRIBNER,

Colonel Thirty-eighth Indiana Vols., Comdg. First Brigade,

First Division, Department of the Cumberland.

Capt. M. C. TAYLOR,

Acting Assistant Adjutant-General.

No. 66. Report of Lieut. Col. Daniel F. Griffin, Thirty-eighth Indiana Infantry.

HDQRS. THIRTY-EIGHTH INDIANA VOLUNTEERS, On the Field, in front of Murfreesborough, Tenn., January 4, 1863.

SIR: I have the honor to report the following as the part taken by my command in the action of December 31, in front of Murfreesborough, and subsequent operations in the field since that date:

At daylight on the morning of December 31, the command, occupying

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*But see revised statement, p.21O.

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