During this engagement General George D. Bayard was mortally wounded by a shot that had severed the sword-belt of a subordinate officer who was standing by.

While Franklin's division was engaged with the Confederate right, Sumner's division was engaged in a terrific assault upon the works of Marye's Heights, which was the stronghold of the Confederate forces. Their position was almost impregnable, consisting of earthworks, wood and stone barricades, running along the sunken road near the foot of the hill. The Federals were not apprised of the sunken road nor of the Confederate force concealed behind the stone wall, under General Cobb. When the Federals advanced up the road they were harassed by shot and shell at every step, but came dashing on in line notwithstanding the terrific fire which poured upon them. The Irish brigade of Hancock's division, under General Meagher, made a wonderful charge, the Irish soldiers moved steadily up the ridge until within a few yards of the sunken road, from which the unexpected fire mowed them down. When they returned from the assault but 250 out of 1,200 men reported under arms from the field, and all these were needed to care for their wounded comrades. This brigade, as we will notice later, distinguished itself at Gettysburg and other engagements. It lost more men in killed and wounded than any regiment that left the State of New York. When returning to be mustered out in 1865, it had only forty-seven men out of 950 that enlisted four years before on first leaving for the front.

Sumner sent column after column against this strong position, but they were repulsed with great slaughter. The approach was completely commanded by the Confederate batteries.

Not only was the Confederate fire disastrous upon the approaching columns, but it also inflicted great damage upon the masses of the Federal army, and it is said that in front of Marye's house, which was in the center where the charge was made, the Federals fell three deep in one of the bravest and bloodiest charges of the war.

Six times did the Federals, raked by the deadly fire of Washington's artillery, advance to within 100 yards of the sunken road, only to be driven back by the rapid fire of the Confederate infantry concealed there. The Confederates' effective and successful work in this battle was not alone due to their strong position, but also to the skill and generalship of the leaders, and the courage and well-directed aim of their cannoneers and infantry.

The whole plain was covered with men, the living men running here and there, their broken lines closing up and the wounded being carried to the rear.

The point and method of attack made by Sumner was anticipated by the Confederates, and careful preparation had been made to meet it.

As the Federal columns advanced without hurrah or battle-cry, their entire lines were swept by a heavy artillery fire, which poured canister and shell and solid shot into their ranks from the front and on both sides with frightful results. The ground was so thickly strewn with dead bodies as seriously to impede the movements of renewed attack. These repeated assaults in such good order caused some fear on the part of General Lee that they might eventually break his lines, and he conveyed his anxiety to General Longstreet, but his fears proved groundless.

General Cobb, who had so gallantly defended the Confederate position at the sunken road, against the onslaughts of the Federals, fell mortally wounded and was carried from the field.

His command was handed to Kershaw, who took his place in this desperate struggle. The onrushing Federals fell almost in battalions; the dead and wounded lay in heaps. Late in the day the dead bodies, which had become frozen from the extreme cold, were placed in front of the soldiers as a protection to shield the living.