War of the Rebellion: Serial 044 Page 0199 Chapter XXXIX. THE GETTYSBURG CAMPAIGN.

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was attacked only by the usual Valley force of cavalry under Jenkins, Imboden, or Jones . In the course of the day, however, a further communication was received from General Schenck to the effect that it was thought better by the latter that General Tyler's command should fall back to Harper's Ferry, and if possible, afford relief to General Milroy from that point . General Tyler, however, still refrained from assuming command of Colonel Smith's troops, and the latter says in his testimony that the General at no time exhibited to him orders or explained the reason why he had visited Martinsburg and that he)Smith) therefore supposed that he had come as an inspector . He adds that during the day he sometimes consulted or advised with the general . General Tyler, on the other hand says that when we informed Colonel Smith that he would not, under the circumstances, assume command, he at the same time notified him (Smith) of his order. During the day, the enemy gradually massed his forces, but was held in check by Colonel Smith's troops, and especially by the guns of his battery, the enemy appearing to have as yet no artillery on the ground . About noon, General Jenkins, commanding the rebel force, summoned Colonel Smith to surrender, to which summons the latter refused to accede . Early in the morning, Colonel Smith had sent off his wagon train by the Williamsport road. He had received orders, addressed to himself personally by General Kelley, his division commander, from Harper's Ferry, to fall back by this road if pressed by a much superior force. General Tyler, however, states that it was he who sent off the brigade train, and that he notified Colonel Smith to delay his retreat until the safety of the train was secured . Colonel Smith, on the other hand, says that General Tyler proposed to him to retreat early in the day, but that he (Smith) declined to do so, as he wished first to assure the escape of his wagons ; that General Tyler thereupon said that he would leave the matter to Colonel Smith's judgment, at the same time declining to assume the responsibility of the retreat . Still another instance, however, is mentioned in the testimony, in which General Tyler assumed to give an order or direction during the day . Lieutenant-Colonel Harlan, commanding the One hundred and twenty-sixth Ohio Volunteers, testifies that the general ordered him at one time to open fire upon his own skirmishers . He adds that disobeyed this order for the reason that he had placed the skirmishers himself, and knew that they were his own men, although he could not make General Tyler believe it . Toward evening, the enemy suddenly opened upon Colonel Smith's troops with (as it is testified) about thirty guns . Under this severe and concentrated fire, they were at first thrown into some disorder, but appear to have been soon rallied by Colonel Smith and his officers. The Williamsport road seeming to be occupied or commanded by the enemy, orders were rapidly communicated by Colonel Smith to retreat by the Shepherdstown road, these orders being given to the commanding officers of the two infantry regiments (One hundred and twenty-sixth Ohio and One hundred and sixth New York), but not, as it would appear, to Captain Maulsby, commanding the battery . Colonel Smith says that he sent his aides to direct the different commanders to take the Shepherdstown route, but does not distinctly recollect whether he sent particularly to Maulsby or not.