on my right, and no support visible in my rear, I ordered my regiment to halt under the crest of the hill. Seeing Major [Captain] Sellers, assistant adjutant-general, I went to him for orders. He ordered me to halt. I returned to the center of my regiment, which was but a few steps up the hill, and found that my right wing had failed to receive the order to halt, and had passed over the crest of the hill, and was advancing under a murderous fire from two of the enemy's batteries. As these batteries swept the field over which our re-enforcements had to come, I determined to charge the one immediately in my front in preference to recalling my right. It was here that I first missed my gallant lieutenant-colonel, J. C. Upton. His fall was the cause of my right not getting the order to halt. The charge was gallantly made; the battery cleared and passed; the enemy fleeing before us. As I passed down the hill beyond the battery taken I observed the enemy in still heavier force than any we had encountered on the hill before us. They were drawn up in three lines of battle, the rear line of which was moving by the left flank at a run for a point of timber on my right, some 400 yards distant. seeing no support on my right, it was evident that I must gain this point of timber before him to prevent my right from being turned. I sough Colonels Wofford, of the Eighteenth Georgia Regiment, and Gary, of the Hampton Legion, and announced the movement of the enemy and my determination to move by my right flank to the timber. They assented to the move, and I moved by my right flank up the hollow as rapidly as the exhausted condition of my men would permit me. we gained the woods, the head of my column leading the enemy's by some 50 yards, when we fired into them and drove them from the woods. After getting distance sufficient to cover the command I ordered a halt, intending to collect my men and giving them a few moments' rest (they had made three separate charges and continued the run for 1 1/2 miles and were very much exhausted) and await our re-enforcements.

Before my lines were well formed a regiment of our forces come up through the woods from the rear. As it passed my lines the command of forward was given. My command, mistaking it for them, moved forward, and thus became considerably scattered by intermixing with that regiment. We rallied and advanced to their right through the orchard and passed the house, driving the enemy form his position there, and gained the hollow beyond. Near the gate beyond the garden I was struck down, and must refer to the report of Captain Turner,* who was left in command, Captain K. Bryan, my acting major, being wounded.

The separation of the regiments of the brigade during the battle probably increased the casualties in my regiment, interfering to some extent with its efficiency, and demonstrated the absolute necessity of having brigade commanders present with brigades at all times during the engagement.

My flag was borne into action by Color-Sergt. W. V. Royston, of Company I; next by Corpl. J. Miller, Company B; Private C. Moncrief, Company C; Private Shelpherd, Company B; Sergeant Simpson, Company A; Private J. Harris, Company D; Sergt. F. C. Hume, Company D, all of whom were shot down while gallantly bearing the flag in the front of the regiment. It was borne through the remainder of the fight by Private Farthing, Company D.

I had three companies left without a commissioned officer, viz, Companies C, H, and I, but they pressed forward without faltering.

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*See indorsement on Captain Bryan's report, p.622.

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