James D. Porter, Confederate Military History, a library of Confederate States Military History: Volume 7.1, Tennessee
Clement Anselm Evans, Ed.

[203] Halleck at Washington, that Brig.-Gen. Judson Kilpatrick, of the Federal cavalry, had captured a brigade of Confederate infantry, two pieces of artillery, two caissons, and a large number of small-arms at Falling Waters. This telegram was given to the public prints, and called forth an official reply and denial from General Lee, dated the 21st of July, 1863, in which he said: ‘The enemy did not capture any organized body of men. It rained without cessation, rendering the road very difficult to pass, and causing much delay. While the column was thus detained on the road, a number of men, worn down with fatigue, lay down in barns and by the roadside, and many were in this way left behind. The two guns were left in the road, because the horses that drew them were exhausted.’ The attack made by the redoubtable Kilpatrick was upon Archer's Tennessee brigade and Brockenbrough's Virginia brigade, and not a man was captured. Stragglers representing all commands were taken between Hagerstown and Falling Waters; but every advance made by Kilpatrick was repulsed. General Heth reported that ‘the enemy made two cavalry charges, and on each occasion I witnessed the unhorsing of the entire party.’ Concluding his report, made in October, 1863, he said: ‘I desire to brand upon its perpetrator a falsehood and correct an error. General Meade reported to his government that Kilpatrick had captured a brigade of infantry in the fight at Falling Waters. After General Lee's denial, General Meade reaffirmed his first statement upon the authority of Kilpatrick. General Kilpatrick, in order to glorify himself, has told a deliberate falsehood’ Heth had no artillery present, and seeing the necessity for it, an application was sent forward to General Hill for a battery, but his staff officer returned with an order to withdraw and cross the Potomac.

The Tennessee brigade, of Heth's division, began the battle of Gettysburg and fought the combat at Falling Waters, the last one of the army of Northern Virginia