told me he staid by the guns until the enemy came over the works and ordered him to surrender. The Second Brigade had all left their works, and the enemy came over his left traverse. The Second Brigade men told myself and staff that they were ordered to fall back. At this time I ordered Captain Clark to order up his horses, which had been sent to the rear by my order, on the advice of Colonel Tidball, chief of artillery for the Second Corps. As soon as the horses arrived I ordered his left section a little to the rear across the plank road, and to go into battery facing McKnight's battery, at the same time to keep up a sharp fire from the right section, which he did. Following the officers and men of McKnight's battery, were portions of the First Minnesota and Nineteenth Maine Volunteers, of my brigade, which were in line on the right of the battery. I halted them in the woods and formed them across the road and ordered them to throw skirmishers to the front. At this time Major Hooper, of the Fifteenth Massachusetts, reported to me that the enemy came up in his rear and captured most of his regiment. He was on the right of his regiment at the time and escaped through the woods. Major-General Gibbon arriving at this time ordered me to throw forward a strong skirmish line, which I did by throwing out the Fist Minnesota. He then gave me two small regiments from the Fourth Brigade, which I placed on the left of the Nineteenth Maine, with orders to advance and recapture McKnight's battery. I pressed the line forward and was to within 100 yards of the battery, the skirmishers at this time heavily engaged with the enemy, who were firing from our works. One of the skirmishers reported to me at this time that the enemy had drawn off our guns and was in force behind our works. Captain Embler reported to me that more troops were coming to my support and to place them as I wished. I immediately formed them in a second line and instructed all the officers that I wished to charge and to retake our works, and that when I gave the command forward every officer must press his men forward. I gave command and the lines went forward with a will until within fifty yards of the works, when they received a volley from the enemy. The first line broke, rushed through the second, carrying part of it with it, and it was by the greatest exertions of myself and staff that we stopped them. I succeeded in reforming the line, when Colonel Blaisdell, commanding the Fourth Brigade, reported to me with the Sixty-ninth New York Volunteers and Colonel McIvor's regiment. I ordered him to form them of the right and left of the second line, and was giving him instructions in regard to the charge I was to make, when Captain Gale gave me orders from Major-General Gibbon to charge the works at once. As my first charge had broken from the right and left I ordered Lieutenant White, of my staff, to go to the right at once with a few men and see how near my right was to the Twentieth Massachusetts, which was reported as holding their position in their works. My object was to connect with the Twentieth Massachusetts Volunteers, get a flank fire on the enemy, and fill the works in succession from the right, which I think could have been accompanied Lieutenant White on the reconnaissance. It was while waiting for this report, which I expected every moment, and just as I had my column of assault formed, that Captain Embler arrived and gave me the order from General Gibbon placing me under arrest.

I would report that my line was formed in the following order from left to right, the left connecting with McKnight's battery and the right