In respect for his memory the usual badge of mourning will be worn for thirty days.

By command of Major General George H. Thomas:

GEO. E. FLYNT,

Assistant Adjutant-General and Chief of Staff.

Numbers 3.

Report of Colonel Ferdinard Van Derveer, Thirty-fifth Ohio Infantry, commanding Third Brigade.

HEADQUARTERS THIRD BRIGADE, ARMY OF THE OHIO, Camp near Winchester, Tenn., August 9, 1862.

SIR: It becomes my melancholy duty to report that while a portion of the Third Brigade, composed of the Ninth Ohio Volunteers, the Second Minnesota Volunteers, and the Thirty-fifth Ohio Volunteers, under the command of Brigadier General Robert L. McCook, were on their march from Athens, Ala., to this point, at a point near the southern line of Tennessee General McCook, who was sick and riding in an open carriage upon his bed, about 3 miles in advance of the troops, accompanied by Captain Hunter Brooke, of his staff, and Major Boynton, of the Thirty-fifth Ohio, together with nine members of his escort, was suddenly attacked by a band of mounted guerrillas, numbering between 100 and 200 men, about noon on the 5th instant.

Major Boynton, with one of the escort and a citizen mounted on the horse of another, had been sent a half a mile to the rear, and three members of the escort, including the sergeant, a like distance to the front, in search of suitable camping ground for the brigade, thus leaving but four of the escort with General McCook, one of whom was dismounted, and Captain Brooke, who was unarmed and in the carriage attending upon the general, when the attack began.

The general succeeded in turning his carriage, but not before the guerrillas were within range and firing. He was soon overtaken and surrounded, although his horses were running at the top of their speed. In reply to the oft-repeated cry of "Stop!" "Stop!" the general rose in his bed and exclaimed, "Don't shoot; the horses are running; we will stop as soon as possible." Notwithstanding this surrender those riding within a few feet by the side of the carriage fired, one ball passing through his hat and one inflicting a mortal wound in the abdomen, which produced death twenty-four hours after, at noon of August 6.

The alarm having reached the column, it was hurried up at double-quick and almost immediately encountered the advance of the band, but a few shots from the head of the Thirty-fifth scattered them instantly. General McCook was found in a house near where he was shot, whither Captain Brooke and the driver of the carriage had carried him. Of those in advance, Captain Brooke, two members of the escort, and two teamsters of the Ninth Ohio, who were driving General McCook's own wagons, were captured, and one member of the Ninth Ohio band wounded by a saber cut on the head. General McCook's wagons were fired but not greatly damaged. The three horses attached to this team and the mules of one other brigade team were taken.

The condition of General McCook could not but have been known to the attacking party, as he was on his bed, divested of all outer clothing, except a hat used as a shade, and the curtains of the carriage being