HEADQUARTERS TENTH WEST VIRGINIA VOLUNTEERS,

LIEUTENANT: I have the honor herewith to submit statement of the par t taken by the Tenth West Virginia Volunteer Infantry in the late action with Confederate forces under General Early on the 19th instant.

On the morning of the 19th I was very restless from some cause, and rose much earlier in the morning than usual; had taken my seat in my tent (about fifty yards distant from the part of the fortifications occupied by my regiment) and commenced eating my breakfast, when I heard several shots fired it tolerably quick succession; thought, however, the pickets were disturbed by some unimportant event, until I heard a volley fired apparently from the left, where the Second Division were fortified; then almost immediately I heard a volley from our part of the fortifications (the part occupied by Third Brigade, First Division), when, leaving my breakfast, I ran up to the extreme right of the line, where I encountered an enfilading fire from my left, and found the men of my regiment throwing themselves down in the trenches and hurrying into the works. On passing around outside the breast-works a short distance I found the enemy occupied the works, and the Eleventh and Fifteenth Virginia on my left apparently confused. Seeing I could not fire to the left for our own men, I ordered the right captain to bring his command out of the trenches by the right flank, and the men of the regiment, with others intermixed, began to obey the order, when from the left came an order from some one to halt. I immediately stopped the further withdrawal of the men, when Lieutenant-Colonel Hall, commanding the regiment, arrived and asked me what to do. I thought I understood the predicament and told him we must withdraw to where we could do something, and he agreed to it, and carried out the order first given to withdraw. The regiment then marched double-quick to the foot of the hill below fortifications, where it was formed and advanced to a favorable position to await the pursuit of the enemy; finding, however, all the other troops had withdrawn and were out of sight, the regiment was then ordered right about' and commenced a rapid retreat. Finding we were flanked all along down on our right and subject to a heavy fire, we bore to the left and fell back upon the Nineteenth Army Corps, with which the regiment cooperated In checking the advance of the enemy. By this time the regiment was very much broken and scattered, and myself entirely exhausted and unable to walk, I loosed an old horse, and by the assistance of a friend made my way back until I found a small squad making a stand opposite lower end of Middletown. Here I stopped and aided in stopping stragglers, until a considerable portion of the Army of West Virginia arrived. We were not actively engaged in any other part of the operations of the day.

Respectfully submitted.

HENRY H. WITHERS,

Lieut. W. H. H. KING,

HEADQUARTERS TENTH WEST VIRGINIA VOLUNTEERS,

Lieut. WILLIAM H. KING,

LIEUTENANT: In obedience to circular order dated headquarters Third Brigade, First Infantry Division, Cedar Creek, Va., October 22, 1864, requiring a statement respecting the conduct of officers of the different regiments of the brigade, in the late battle of the 19th instant, I have the honor to state: That Lieut. Col. M. S. Hall was in command of the Tenth West Virginia and I was acting in my legitimate capacity as major of the regiment. Owing to the suddenness of the surprise I was left without a horse, and, from the distance the regiment retreated, I was completely exhausted, and was taken by the lieutenant-colonel commanding to the top of the hill on which the Nineteenth Corps was encamped, from which point I made my way to the rear with the mass that seemed to be making in that direction, and by the assistance of an old horse, led by Captain Williamson, succeeded in getting to the rear until I saw the first squad who had determined to make a stand, and there I stopped and aided in collecting stragglers. I was thus prevented from seeing the conduct of the officers of the regiment after the regiment became scattered and broken. Up to this time all seemed to do their duty alike. I know of but two officers of the regiment who went far to the rear, one was Lieut. Thomas Hess, who was excused from duty by the surgeon of the regiment, and the other, Lieut. I. C. Burbridge, Company A, both of whom got as far as Winchester, Va., and returned to the regiment the following morning. The history of Lieutenant Burbridge is as follows: Being left sick at Summit Point, W. Va., on the 19th of September, and afterwards on the 21st of same

Month excused by brigade Surgeon Gaus for twenty days, remained in hospital at winchester, Va., until the 13^th instant, at which time he returned to the regiment, and on the 14^th reported for duty with his regiment. I make this statement in order to do full justice to all.

Respectfully submitted.

HENRY H. WITHERS,