War of the Rebellion: Serial 039 Page 0610 N. VA., W. VA., MD., AND PA. Chapter XXXVII.

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was then occupied by our troops, where two companies of the Forty-ninth New York and one company of the Seventh Maine, supported by the Forty-ninth New York, in conjunction with two pieces of Lieutenant Martin's battery, entirely routed the whole brigade, and the three companies of infantry aforementioned captured 200 prisoners and the colors of a rebel regiment-Fifty-eighth Virginia. On the evening of May 4, about 5 p. m., the whole of Longstreet's corps came up the Richmond road as re-enforcements, attacked my right and front, massing large numbers of his infantry in the ravines, which were held by their troops. After losing about 1,000 men, I was obliged to retire, me regiments being unable to cope with the overpowering numbers of the enemy, and fearful lest in the position I then held they would be captured by the enemy piercing our line in rear, between us and Banks' Ford.

In the assault, the Twentieth Regiment New York Volunteers broke and went to the rear. I could not rally them. The other regiments stood their ground nobly under a murderous fire, and by their stubborn resistance at that time I believe the Sixth Corps was enabled eventually to recross the Rappahannock at Banks' Ford in the night.

Colonel G. Van Houten, Twenty-first New Jersey, was wounded on the field of battle, and, I regret to say, has died, a prisoner in the hands of the enemy, from wounds received in battle.

I cannot close my report without making free and sincere acknowledgment to the brave officers and men of the various regiments of my command who encountered the enemy at these two different battles, and would especially mention the great assistance rendered by the gallant efforts of my assistant adjutant-general, Captain William H. Long; of the assistant inspector-general, Pryce W. Bailey, Thirty-third New York Volunteers, and of Lieuts. William H. Alberts and Horace Binney, jr., my aides-de-camp. The horses of both my aides and my own were shot.

With great respect,

THOS. H. NEILL,

Brigadier-General.

Major CHARLES MUNDEE,

Asst. Adjt. General, Second Division, Sixth Army Corps.

HDQRS. THIRD Brigadier, SECOND DIV., SIXTH ARMY CORPS,

May 7, 1863.

MAJOR: In compliance with orders from division headquarters, I have the honor to submit the following report:

The Thirty-third Regiment New York Volunteers, on the occasion of storming the heights south of Fredericksburg on the 3rd instant, captured, on the hill next south of Cemetery Hill, 1 brass Napoleon gun from the rebels, who rallied about 100 yards beyond the piece, but were held back until the arrival of re-enforcements from the Seventh Maine and part of the Second Vermont Volunteers, when the rebels wounded.

The Seventy-seventh Regiment New York Volunteers at the same time captured 2 brass pieces, viz, 1 light 12-poinder and 1 mountain howitzer, together with 2 limbers and limber-chests, and a stand of colors belonging to the Eighteenth Regiment Mississippi Volunteers, in the earthwork near the brick school-house.