I then put Griffin in command of the Fifth Corps, and directed him to withdraw from the pursuit as quickly as he could after following the enemy a short distance, and form in line of battle near Gravelly Run Church, at right angles with the White Oak road, with Ayres and Crawford facing toward the enemy at the junction of the White Oak and Claiborne roads, leaving Bartlett, now commanding Griffin’s division, near the Ford road.  Mackenzie also was left on the Ford road at the crossing of Hatcher’s Run, Merritt going into camp on the Widow Gillian’s plantation.  As I had been obliged to keep Crook’s division along Stony Creek throughout the day, it had taken no active part in the battle.

Years after the war, in 1879, a Court of Inquiry was given General Warren in relation to his conduct on the day of the battle.  He assumed that the delay in not granting his request for an inquiry, which was first made at the close of the war, was due to opposition on my part.  In this he was in error; I never opposed the ordering of the Court, but when it was finally decided to convene it I naturally asked to be represented by counsel, for the authorization of the Inquiry was so peculiarly phrased that it made me practically a respondent.

“NEW YORK CITY, May 3, 1880

“Major-general W. S. Hancock, U. S. A. 
“President Court of Inquiry, Governor’s Island.

“Sir:  Since my arrival in this city, under a subpoena to appear and testify before the Court of which you are president, I have been indirectly and unofficially informed that the Court some time ago forwarded an invitation to me (which has not been received) to appear personally or by counsel, in order to aid it in obtaining a knowledge as to the facts concerning the movements terminating in the battle of ‘Five Forks,’ with reference to the direct subjects of its inquiry.  Any invitation of this character I should always and do consider it incumbent on me to accede to, and do everything in my power in furtherance of the specific purposes for which courts of inquiry are by law instituted.

“The order convening the Court (a copy of which was not received by me at my division headquarters until two days after the time appointed for the Court to assemble) contemplates an inquiry based on the application of Lieutenant Colonel G. K. Warren, Corps of Engineers, as to his conduct while major-general commanding the Fifth Army Corps, under my command, in reference to accusations or imputations assumed in the order to have been made against him, and I understand through the daily press that my official report of the battle of Five Forks has been submitted by him as a basis of inquiry.

“If it is proposed to inquire, either directly or indirectly, as to any action of mine so far as the commanding general Fifth Army Corps was concerned, or my motives for such action, I desire to be specifically informed wherein such action or transaction is alleged to contain an accusation or imputation to become a subject of inquiry, so that, knowing what issues are raised, I may intelligently aid the Court in arriving at the facts.