color-sergeant and some half dozen other Yankees; that Lieutenant Grimsley demanded their surrender, to which the sergeant replied "Certainly, lieutenant, but as I have carried the colors so long do let me bear them to the rear;" that Lieutenant Grimsley consented, directing some of his men to take charge of them and keep a "sharp lookout" upon them. Corporal Plummer, in addition and just here, testifies that at that time the Yankee sergeant took off the oil-cloth cover which belonged to the flag, and which he had tied around his waist, and also the staff pouch (now used in the Thirty-seventh Regiment North Carolina Troops) and gave it to him. Just then a Yankee officer, "a large man, whom the men called colonel," came up with a squad of 15 or 20 men. Lieutenant Grimsley went up to him and remarked that he (the colonel) was completely surrounded, and in order to save his own life and the lives of his men they had better throw down their arms and be conducted to the rear. The colonel agreed, remarking to his men, "Boys, we are surrounded and had better surrender." They did so, and as our forces were then falling back Lieutenant Grimsley with his men conducted the party to the rear with the colors. Just before getting to the edge of the woods Lieutenant Grimsley, probably desirous of carrying his own capture himself into our lines, told the Yankee sergeant to hand the flag over to him, which he did. The four witnesses above named assert positively that they remained with Lieutenant Grimsley and by the side of the Yankee ensign the whole time; that they were not at any time captured by the enemy and recaptured by one of General Mahone's men; that none of Mahone's men were near at any time that they were aware of, and, remaining as they did constantly with the colors and Lieutenant Grimsley, they did not see nor hear of "Captain Girardey, acting on the division staff," who, it is said, directed some colors to be handed over to a lieutenant "in the field near the ice-house."
Very respectfully, your obedient servant,
JNO. D. BARRY,
Colonel, Commanding Lane's Brigade.
ATTLEE'S, May 20, 1864.
Colonel BRADLEY T. JOHNSON:
I am moving up west side of Central railroad, by Merry Oaks, to Spott. Wingfield's, from which place I can get either to Hanover Court-House or to Wickham's Turnout.
HDQRS. ARMIES OF THE CONFEDERATE STATES,
Richmond, May 20, 1864.
General S. COOPEER, Adjutant and Inspector General:
GENERAL: The Third Virginia Regiment, of Kemper's brigade, is detained by General Beauregard somewhere in his department. Please require him to send it forward immediately, and he should explain why he withholds a regiment when the brigade to which it is attached is ordered to move.
Respectfully, general, your obedient servant,