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Report of Lieutenant-Colonel K. Bryan, Fifth Texas regiment.

headquarters Fifth Texas regiment, Near Hagerstown, Md., July 8th, 1863.
Lieutenant John W. Kerr, A. A. A. Gen'l:
Colonel R. M. Powell having fallen into the hands of the enemy, it devolves upon me, as Lieutenant-Colonel of the regiment, to report the part taken by it as far as came under my observation in the action of the second and third, near Gettysburg, Pennsylvania:

About four o'clock P. M. on the second inst. General Hood's division was drawn up in line of battle fronting the heights occupied by the enemy. The Fifth Texas regiment occupied the right of the brigade, resting on General Law's left, whose brigade was the one of direction. At the word forward the regiment moved forward in good order. The enemy had a line of sharpshooters at the foot of the first height behind a stone fence about three-fourths of a mile from our starting point, which distance was passed over by our line at a double-quick and a run. At our approach the enemy retired to the top of the first height protected by a ledge of rocks. A short halt was made at the stone fence to enable those who had fallen behind to regain their places. When the command forward again fell from the lips of our gallant Colonel, every man leaped the fence and advanced rapidly up the hillside. The enemy again fled at our approach, sheltering himself behind his fortified position on the top of the second height, about two hundred yards distant from the first. From this position we failed to drive them. Our failure was owing to the rocky nature of the ground over which we had to pass, the huge rocks forming defiles through which not more than three or four men abreast could pass, thus breaking up our alignment and rendering its reformation impossible. Notwithstanding the difficulties to overcome, the men pressed on to the pass of the precipitous strong hold, forming and securing the enemy's second position (many of our officers and men falling in passing the open space between the heights.) Here we halted, there being small clusters of rocks far below the elevated position of the enemy, which gave us partial protection. From this position we were enabled to deliver our fire for the first time with accuracy. Seeing that the

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