War of the Rebellion: Serial 002 Page 0296 Chapter IX. OPERATIONS IN MD., PA., VA., AND W. VA.

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had reached Mr. Nelson Smith's dwelling-house Captain Gaebel had overtaken him, and both now proceeded to examine both the buildings and their inmates. They were kindly received by Mr. Smith and his family, who gave all information they asked for. In the buildings they found nothing suspicious, but on the road, as well as in the field, blood and so on. They then returned to the main road, joined Lieutenant Brausen and his men, and Captain Gaebel now gave a private signal, known only to himself and his men, to gather. The pickets who had searched the woods brought with them a stirrup and a pistol ramrod which they had found in the woods, but reported that they had not been able to discover any dead or wounded.

Captain Gaebel now proceeded on his way home, it being then nearly dark, joined the main body at Mr. William Lee's farm, and the whole command then returned to the camp, where they arrived about 11 o'clock. From both the local inspection and the information received from those of our own men who have been saved, as well as from Mr. N. Smith and others, it seems that Lieutenant Heringen and the patrol under his command were suddenly attacked by a large body of cavalry from behind whilst they were at a half and resting on the spot above mentioned; that the attack was so sudden as to exclude the possibility of a systematic resistance as, a part of the men were scattered after the first volleys had been fired by the enemy, who probably were armed entirely or in part with revolving rifles; that several of our men were wounded, and two probably killed, but that he enemy also must have lost a number of their men. At least eight or ten horses were seen without riders when they proceeded to their camp, which cannot be very far from the place of the engagement, as a loud cheering was distinctly heard at Mr. Smith's farm soon after the troops had passed there. At the present moment (10.30 a. m.) there are still missing Lieutenants Heringen and Mosebach and twelve privates, in consideration of which the undesigned would respectfully recommend that a flag of truce be sent to the enemy's encampment, for the purpose of obtaining, if possible, further information, and begs to state that Lieutenant Brausen and Mr. E. Robinson, jr., of New York, have volunteered to go thither as such.

E. KAPFF,

Lieutenant-Colonel Seventh Regiment N. Y. S. V.

Co. J. W. PHELPS, Commander of Post.

[Indorsement.]

CAMP BUTLER, NEWPORT NEWS, VA., July 13, 1861.

This party that was attacked by the enemy went out without imparting to me any knowledge of their designs. The result was in perfect accordance with the spirit of insubordination which they have manifested. The request for a flag of truce is respectfully referred, without my approval, to the major-general commanding the department.

J. W. PHELPS,

Colonel, Commanding.

Numbers 4. Reports of Brigadier General John B. Magruder, C. S. Army.

STEAMER CURTIS PECK,

Near Stone Wharf, Va., July 13, 1861.

SIR: I have just heard of the capture of eleven prisoners from the enemy, near Curtis' store, on the Warwick road, where we have a cavalry