War of the Rebellion: Serial 010 Page 0838 KY.,TENN.,N.MISS.,N.ALA.,AND SW.VA. Chapter XXII.

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The infantry, under Captain Rose, of the Seventy-seventh Pennsylvania, was withdrawn by orders to retreat, given by himself and Captain Davis, of the Twenty-ninth Indiana. If these officers be reminded that to save the lives of their men is sometimes secondary to saving the honor of their corps, the court will recommend no further proceedings in their case.

No other troops than the above named appear to have been engaged in or connected with the skirmish.

II. The proceedings of the court are approved, and a court-martial will be ordered for the trial of Major Paramore, Third Ohio Cavalry.

The court has viewed leniently the conduct of Captain Rose, of the Seventy-seventh Pennsylvania, and Captain Davis, of the Twenty-ninth Indiana, and in adopting its suggestion the general commanding does not deem it necessary to dwell upon errors of which these officers must now be fully aware and into which it is thought no large portion of this army is likely to fall.

The commanding officer of the Second Division will give Captains Rose and Davis an opportunity to show that they have profited by the admonition of the court.

III. The court of inquiry, of which Lieutenant. Colonel G. W. Gorman, Seventeenth Indiana Volunteers, is president, is dissolved.

By command of Major-General Buell:

JAMES B. FRY,

Assistant Adjutant-General, Chief of Staff.

HEADQUARTERS ARMY OF THE OHIO,

In Camp, May 17, 1862.

SIR: The court of inquiry which convened on the 13th instant to examine into the behavior of the troops engaged in the skirmish on the 9th instant had reported, and it affords General Buell pleasure to say that the Second Indiana Cavalry, Colonel McCook, was found to have taken no part in the affair; and that if my letter of the 10th instant reflected or is understood to have reflected on this regiment the same is canceled, so far as the Second Indiana Cavalry is concerned.

General Buell directs me to call your attention to the following abstract from General McCook's letter of the 10th instant:

None of my men on yesterday or at any other time have ever behaved in a manner which Colonel Fry terms discreditable to the army or themselves, &c., and I regard it, to say the least, as unjust and unsoldierly to cast this stain upon the honor of the regiment and State, &c.

You will perceive the impropriety of this language, and are desired to admonish Colonel McCook of the same, and to say that in thus passing it over the general must make known to Colonel McCook that a recurrence of this impropriety would render it necessary to take some more decided official notice of it.

I am, sir, very respectfully, your obedient servant,

JAMES B. FRY,

Colonel and Chief of Staff.

Colonel JAMES S. JACKSON,

Commanding Cavalry.