The enemy perceiving that Custer was forming for attack, had sent the flag out to his front and stopped the charge just in time.  I at once sent word of the truce to General Ord, and hearing nothing more from Custer himself, I supposed that he had gone down to the Court House to join a mounted group of Confederates that I could see near there, so I, too, went toward them, galloping down a narrow ridge, staff and orderlies following; but we had not got half way to the Court House when, from a skirt of timber to our right, not more than three hundred yards distant, a musketry fire was opened on us.  This halted us, when, waving my hat, I called out to the firing party that we were under a truce, and they were violating it.  This did not stop them, however, so we hastily took shelter in a ravine so situated as to throw a ridge between us and the danger.

We traveled in safety down this depression to its mouth, and thence by a gentle ascent approached the Court House.  I was in advance, followed by a sergeant carrying my battleflag.  When I got within about a hundred and fifty yards of the enemy’s line, which was immediately in front of the Court House, some of the Confederates leveled their pieces at us, and I again halted.  Their officers kept their men from firing, however, but meanwhile a single-handed contest had begun behind me, for on looking back I heard a Confederate soldier demanding my battle-flag from the color-bearer, thinking, no doubt, that we were coming in as prisoners.  The sergeant had drawn his sabre and was about to cut the man down, but at a word from me he desisted and carried the flag back to my staff, his assailant quickly realizing that the boot was on the other leg.

These incidents determined me to remain where I was till the return of a staff-officer whom I had sent over to demand an explanation from the group of Confederates for which I had been heading.  He came back in a few minutes with apologies for what had occurred, and informed me that General Gordon and General Wilcox were the superior officers in the group.  As they wished me to join them I rode up with my staff, but we had hardly met when in front of Merritt firing began.  At the sound I turned to General Gordon, who seemed embarrassed by the occurrence, and remarked:  “General, your men fired on me as I was coming over here, and undoubtedly they are treating Merritt and Custer the same way.  We might as well let them fight it out.”  He replied, “There must be some mistake.”  I then asked, “Why not send a staff-officer and have your people cease firing; they are violating the flag.”  He answered, “I have no staff-officer to send.”  Whereupon I said that I would let him have one of mine, and calling for Lieutenant Vanderbilt Allen, I directed him to carry General Gordon’s orders to General Geary, commanding a small brigade of South Carolina cavalry, to discontinue firing.  Allen dashed off with the message and soon delivered it, but was made a prisoner, Geary saying, “I do not care for white flags:  South Carolinians never surrender....”  By this time Merritt’s patience being exhausted, he ordered an attack, and this in short order put an end to General Geary’s “last ditch” absurdity, and extricated Allen from his predicament.