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Smith was ordered to advance his brigade towards the heights occupied by the enemy above; two regiments, the 13th and 58th Virginia, advanced against one of the positions which appeared to be occupied by the strongest force, and the 49th and 52nd separately against other points.
The regiments advanced to the base of the hills and commenced ascending, when the enemy appeared in force on their crests, and also opened with artillery from the neighborhood of Taylor's house.
The 13th and 58th Regiments became heavily engaged, and the 49th and 52nd slightly.
It was now apparent that the hills were held in strong force, and as an attempt to carry them from that direction, as my troops were then located, would have been under great disadvantage and attended with great difficulty, I ordered the regiments to be withdrawn.
The 49th and 52nd were withdrawn without difficulty and with but slight loss, the 13th and 58th being on the right and more exposed to the enemy's guns were withdrawn with more difficulty and heavier loss.
The 13th lost 17 prisoners and 58th 71, including the color bearer of the latter with his colors, the most of the men captured, including the color bearer of the 58th, taking refuge in a house at the foot of the hill, under the fire of the enemy's guns as well as his infantry, and declining to fall back over the plain while exposed to the fire of the artillery.
They were thus captured by their own misconduct, the enemy sending to take possession of them, which I could not prevent without bringing on a heavy engagement under disadvantageous circumstances, and thus incurring a much heavier loss of men. The brigade resumed its position after this affair, and I sent Lieutenant Pitzer to General McLaws to apprise him of what had been done and my position, with a request for him to begin his attack on the enemy and the information that I could move two brigades, Hays' and Hoke's, across towards the Plank road extending to the left as they
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