War of the Rebellion: Serial 013 Page 0822 THE PENINSULAR CAMPAIGN,VA. Chapter XXIII.

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The regiment remained exposed to a heavy fire during the whole battle, and went forward in the charge each time an effort was mode to take the enemy's batteries.

I cannot close this report without calling your attention to the gallant conduct of Capts. W. W. T. Cogbill, Richard Logan,jr., and P. Poindexter, who acted during the whole day with great coolness and bravery.

We lost 12 killed and 57 wounded.

Very respectfully, your obedient servant,

JAS. GREGORY HODGES,

Colonel, Commanding Virginia Regiment.

Captain J. D. DARDEN,

Assistant Adjutant-General.

No. 318. Report of Colonel E. C. Edmonds,

Thirty-eighth Virginia Infantry, of the battle of Malvern Hill.

HEADQUARTERS THIRTY-EIGHTH VIRGINIA REGIMENT, September 30, 1862.

SIR: The inclosed report of the part sustained by my regiment in the action at Malvern Hill was placed in the hands of the adjutant-general of Armistead's brigade August 15, when at Falling Creek, to be forward, which he had failed to do until this time. I have withdrawn it this morning,that it may be forwarded through you.

Most respectfully, your obedient servant,

E. C. EDMONDS,

Colonel, Thirty-eighth Virginia Regiment.

Captain WINN,

Actg. Asst. Adjt. General, Anderson's Division.

[Indorsement.]

HDQRS. ARMISTEAD'S BRIGADE, ANDERSON'S DIVISION, September 30, 1862.

There had been one report of the part sustained by the Thirty-eighth made and forwarded. The accompanying one was received by me the day previous to marching from Falling Creek. The report has never been read by me, other things having occupied my time. Respectfully forwarded.

L. A. ARMISTEAD,

Brigadier-General.

HDQRS. THIRTY-EIGHTH Regiment VIRGINIA VOLUNTEERS, August 15, 1862.

SIR: I respectfully petition that my report of the engagement of July 1 be filed the report of Brigadier General Lewis A. Armistead, as I consider the one furnished by Major Joseph R. Cabell to be imperfect in many particulars. Besides, he signs himself "Major, commanding Thirty-eighth Regiment Virginia Volunteers," which may be construed into his having commanded the regiment on that occasion, when both