re - enforced by another company of regular cavalry and a section of artillery, all under command of Colonel J. C. Davis, Indiana volunteers, to march on the town of Milford so as to turn the enemy's left and rear and intercept his retreat to the southeast, at the same time directing Major Marshall, with Merrill's regiment of horse, to march from Warrensburg on the same point turning the enemy's right and rear and rear and forming a junction with Colonel Davis. The main body of my command occupied a point four miles south and ready to advance at a moment's notice or to intercept the enemy's retreat south.
Colonel Davis marched promptly and vigorously with the forces under his command, and at a late hour in the afternoon came upon the enemy encamped in the wooded bottom - land on the west side of Blackwater opposite the mouth of Clear Creek. His pickets were immediately driven in across the stream, which the enemy occupied in force as is believed under Colonel Magoffin. Colonel Davis brought forward his force and directed that the bridge be carried by assault. The two companies of the Fourth Regular Cavalry being in advance, under the command respectively of Lieutenant Gordon and Lieutenant Amory, were designated for that service and were supported by the five companies of the First Iowe. Lieutenant Gordon, of the Fourth Cavalry, led the charge in person with the utmost gallantry and vigor, carried the bridge in fine style and immediately formed his company on the opposite side. He was promptly followed by the other companies. The force of the enemy posted at the bridge retreated precipitately over a narrow open space into the woods where his whole force was posted. The two companies of the Fourth Cavalry formed in line at once, advanced upon the enemy and were received with a heavy volley of small - arms, muskets, rifle and shoutguns. One man was killed and eight wounded by this discharge, with one exception all belonging to Company D, Fourth Cavalry, Lieutenant Gordon. Lieutenant Gordon himself received several balls throught his cap. Our forces still continuing to press forward and the enemy finding his retreat south and west cut off and that he was in presence of a large force and at best could only prolong the contest a short time surrendered at discretion. His force reported by the colonel commanding consisted of parts of two regiments of infantry and three companies of cavalry, numbering in all 1, 300 men, among whom there were three colonels [Robertson, Alexander and Magoffin], one lieutenant - colonel [Robertson] and one major [Harris] and fifty - one commissioned company officers.
* * * * * * *
I am, captain, your obedient servant,
Brigadier - General, Commanding.
The accused object to the paper read by the judge - advocate purporting to be an attested copy of an extract from the official report of General Pope to the [assistant] adjutant - general, Kelton - first, because it purports to be an extract; second, because it is not evidence of the facts therein stated; third, becaused it is ex parte and can not be evidence against the accused; fourth, because it is only competent testimony to prove the fact that General Pope made a report.