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[595] and none whatever that was perceptible on the part of the enemy. They had pushed out from the right and left a line behind us to cut off our retreat, and this officer (Captain Daly, of General Cutter's staff) had galloped out of a sallyport, seized a color from the hands of its bearer, and demanded a surrender. Some officers and men surrendered, but were not carried in; others refused, but just around him ceased fighting. General Hagood called to the men to shoot him and fall back in retreat. They either did not hear him, or, bewildered by the surrender of part of this number, failed to obey. It was a critical moment, and demanded instant and decided action. In a few minutes the disposition to surrender would have spread, and the whole brigade have been lost. Making his way across the intervening space as speedily as he could, exposed to a regular fire by file from the enemy's line scarce thirty yards off, and calling to his men to fall back, which they did not do, General Hagood approached the officer and demanded the colors, and that he should go back within his own lines, telling him he was free to do so. He commenced arguing the hopelessness of further struggle, and pointed out the line in our rear. Hagood cut him short and demanded a categorical reply—yes or no. Daly was a man of fine presence, with long, flowing beard, and sat with loosened rein upon a noblelooking bay that stood with head and tail erect, and flashing eye and distended nostrils, quivering in every limb with excitement, but not moving in his tracks. In reply to this abrupt demand the rider raised his head proudly, and decisively answered No! Upon the word General Hagood shot him through the body, and as he reeled from the saddle upon one side sprang into it from the other, Orderly Stoney seizing the flag from his falling hands. There was no thought of surrender now; the yell from the brigade following the act and ringing out above the noise of battle told their commander that they were once more in hand, and would go now wherever ordered—whether to the front or rear. Shouting to them to face about, Hagood led them at a run against the line in his rear, Stoney holding aloft in the front the recaptured flag, which he had torn from its staff. This line melted before our charge; but the fire was terrific, after breaking through it, until the shelter of the valley of the branch was reached. Upon its margin a fragment from a schrapnel shell tore open the loin of the horse upon which Hagood rode; and struggling as he fell he kicked Lieutenant William Taylor, of the 7th battalion, upon the head, rendering him for the time so confused that he had to be led from the field by one of his men. This gallant young officer had a few days before rejoined his command with an unhealed wound received at Drury's Bluff.

This ended the fighting for the possession of the Weldon road. The Confederate losses had been very insignificant until to-day, and now it was confined principally to our brigade. Grant had lost five thousand men, but he had the road. A few days afterwards Hancock, with eight thousand men, was despatched southward from this point to tear up the track. A. P. Hill and Hampton met and defeated him at Reams's Station, with the loss of two field-batteries and between twenty-five hundred and three thousand men.

A week afterwards, in a conversation in General Lee's presence, General A. P. Hill stated to Hagood that on the morning of the 21st he was misinformed by

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