Now the tumultuous outburst of musketry, Federal and Confederate, and the landslide of the Federals, was beyond doubt before I went out to Elliott’s headquarters on the order of General Johnson.

For two hours before this Meade had been urging Burnside to rush to the crest of the hill until General B. was irritated beyond measure, and replied to a dispatch:  “Were it not insubordination I would say that the latter remark was unofficer like and ungentlemanly.”  Before this time Grant, Meade and Ord had given up hope.  They had agreed to withdraw, hence the positive order to withdraw my troops from the enemy’s line at 9.15.

Now this must have been before Mahone came up, for there is no allusion to a charge by any Federal General at the court of inquiry.  With the 8.30 charge made at the hollow, there was a synchronous movement made by General Warren on the south of the “Crater,” but at 8.45 he was informed that it was intended alone for a reconnoissance of the two-gun battery.

At 9.15 General Warren sends dispatch:  “Just before receiving your dispatch to assault the battery on the left of the ‘Crater’ occupied by General Burnside the enemy drove his troops out of the place and I think now hold it.  I can find no one who for certainty knows, or seems willing to admit, but I think I saw a Rebel flag in it just now, and shots coming from it this way.  I am, therefore, if this (be) true no more able to take this battery now than I was this time yesterday.  All our advantages are lost.”

The advantages certainly were not lost on account of Mahone’s men, but on account of the losses two hundred yards down the hill, of which he had doubtless been advised.  He saw what he thought was a “Rebel flag,” but for a half an hour he had heard of the terrific castigation inflicted on the Federals down the hill.

But here is something from the court of inquiry that approximates the time of Mahone’s charge.

General Griffen, of Potter’s Ninth Corps, in reply to the question by the court:  “When the troops retired from the ‘Crater’ was it compulsory from the enemy’s operations, or by orders from your commanders?” Answer.  “Partly both.  We retired because we had orders.  At the same time a column of troops came up to attack the ‘Crater,’ and we retired instead of stopping to fight.  This force of the enemy came out of a ravine, and we did not see them till they appeared on the rising ground.”

“What was the force that came out to attack you?  The force that was exposed in the open?” Answer, “five or six hundred soldiers were all that we could see.  I did not see either the right or left of the line.  I saw the center of the line as it appeared to me.  It was a good line of battle.  Probably if we had not been under orders to evacuate we should have fought them, and tried to hold our position, but according to the orders we withdrew.”