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‘ [167] get their men to charge us, but they would not.’ In closing his report General Ector said:
Colonel Burks was gallantly leading his regiment, which had followed him before through the fire and smoke of battle, when he received a fatal wound. He felt that it was mortal. He pressed his hand to it to conceal it, and when within 20 yards of their battery, I heard him distinctly say, ‘Charge them, my boys! charge them!’ He kept it up until from faintness he found he could go no further. A better friend, a warmer heart, a more gallant leader than he was never drew the breath of life. He was idolized by his regiment, and highly esteemed by all who knew him well. He perished in the prime of his life, in the ‘thunders of a great battle.’ He went down with his armor on in defense of his country. The Tenth Texas regiment captured three stands of colors. Colonel Andrews and Maj. W. E. Estes, of the Fifteenth Texas regiment; Colonel Locke, Maj. W. D. L. F. Craig, acting lieutenant-colonel, and Capt. H. D. E. Redwine, acting major, of the Tenth Texas regiment, and Lieutenant-Colonel Bounds, of the Eleventh Texas regiment, together with their entire staffs, acted most gallantly.

General Ector acknowledged the efficient services of members of his staff, Captain Kilgore, Major Spencer, Capt. R. Todhunter, volunteer aide, Capt. W. H. Smith, Lieutenant Lane (wounded), Maj. W. B. Ector and Surgeon L. J. Graham. The loss of the brigade he reported at 38 killed and 308 wounded.

From the report of Colonel Locke it appears that in the first charge of the Tenth it directly confronted a Federal battery, and in capturing the guns they lost before sunrise of December 31st about 80 men. It was there that Sergeant Sims lost his life as related by Hardee. ‘There being but one of the old color-guard left,’ said Locke, ‘Sergt. James T. McGee was only spared to advance a few paces toward his banner when another of our noblest and bravest men fell to rise no more until aroused by the trump of God to come to judgment. At this moment Private Manning, of Company H, gathered the flagstaff and ’

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