War of the Rebellion: Serial 072 Page 0645 Chapter L. REPORTS, ETC.-ARMY OF THE CUMBERLAND.

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right shoulder shift, moved steadily and directly forward for the angle of the works and carried them, capturing the battery, and one rebel gunner was bayoneted by a member of the Fourteenth Michigan while in the act of ramming a charge home. The man is now lying in the Second Division hospital. The second line, following the first, bent away to the angle, swerving to the left, and two regiments, the Seventeenth New York and Tenth Michigan, uncovered the first line and covered that of Colonel Este's brigade. Upon entering the woods, under cover of which the enemy had intrenched, they were subjected to a merciless fire, under which they were staggered for a moment, but Major Burnett at once ordered the left wing of the Tenth Michigan over the works. This was gallantly done, the right wing following. Major Burnett was killed. Thus was lost to the service and his country a brave and noble officer and man. The Seventeenth New York, under the heavy fire they were subjected to, fell back for a short distance, but reformed under fire and again marched upon and carried the works-no better test of brave and good soldiers than this reforming under fire. The Seventeenth New York are entitled to all praise. Its brave colonel (Grower) fell mortally wounded at the head of his regiment. In the short time he had been with the command he had endeared himself to all by his soldierly bearing. The Tenth Michigan and Seventeenth New York lost heavily, as the casualty report will show. I have been thus particular about the positions of my First Brigade and the successful charge made by them for the reason stated in the commencement of this communication. In my official report I stated that the First Brigade captured a battery of four guns, believing it to be a brigade and not a regimental matter, no military man being foolish enough to suppose that a single regiment could have carried the enemy's works. It took brigades, divisions, and corps to accomplish it. My First and Second Brigades took the guns because they were in their front, and bravely carried them. Far be it from me to say that troops on my left would not have done the same thing; far be it from me to say that because my command was first in the angle of the enemy's already taken. No! All did nobly and are entitled to praise. I envy not those officers who claim credit for others' work.

I am sorry that I have [been] compelled to make this long statement. For myself I care nothing but the credit of making truthful reports. For my command I ask and expect to have awarded the praise they are entitled to. A word or two more and I close this report. How three companies should swing to the right across the front of these regiments and take a battery, and then swing back again that distance to the left and the rebels to retake it before my front line reached the works, is difficult to understand. The flag claimed to have been taken is a misstatement. This flag was taken by an officer from the parapet long after the works had been carried and when my command was actually turning the works with pick and spade by my order. This can be prove by Major McDonald and many others of the Sixtieth Illinois. In my report I said nothing about the formal surrender of Major Lee and officers and men of the Sixth Kentucky to Captain Dunphy, of the Tenth Michigan Infantry, and turned over by him to a provost-marshal of the Third Division, being desirous that all should participate in the credit of this most successful charge; neither did I think it necessary to report that all