Robert Heaton

Enlisted in Co"B" of the 40th IN Infantry on 11/27/1861

Deserted on 6/18/1865

This unit was heavily engaged during Roberts term of service. It is puzzling why he deserted, although his wife Rebecca had left him and married Robert Harter in 1863, so this may have been too much for him to take. The following is of one battle in TN where his unit suffered 45% casualties.

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 Report of Lieut. Col. Elias Neff, Fortieth Indiana Infantry.

HDQRS. FORTIETH INDIANA INFANTRY,
Chattanooga, Tennessee, November 27, 1863.
CAPT.: I have the honor to report that, on the afternoon of Monday,
November 23, my command being at that time on picket duty, having
received an order to advance the line, I at once did so. The left of the
line of skirmishers soon met those of the enemy, and after a brisk
encounter drove them, with a loss to us of 1 man killed and 4 wounded.
The line thus advanced was held by my command until midnight, when,
being relieved, I moved it, under orders from Gen. Wagner, farther
to the left and formed it upon the right of the front of the brigade. This
position, relative to the brigade, was retained during all subsequent
operations.
During Tuesday all was quiet. Wednesday, about 1 p.m., an order to
advance was received. A forward movement was made for a distance of
nearly one-fourth of a mile, when a halt was ordered, and everything
prepared for a rush upon the rifle-pits of the enemy, then about
one-fourth of a mile in front.
At the word of command the men marched forward briskly, gradually
increasing the pace to a run after emerging form the thicket that, up to
this time, had screened the pits from sight. In a few moments the pits
were in possession of the skirmishers, and the regiment occupied them
soon after, losing 1 man killed in the movement. The men were with
difficulty restrained from a farther advance at once, but those who had
rushed on were recalled, and for then minutes all lay under the shelter
of the parapet. Again came the order to move forward, and with alacrity
it was obeyed. The distance quarter of a mile, and it was made at a run
with but small loss, though under a severe fire. This position, owing to
the steepness of the ridge and its peculiar formation, was comparatively
safe. The men, taking advantage of any species of shelter the ground
afforded, began the ascent.
Scarcely had this movement upon the ridge commenced when the order
to fall back to the rifle-pits was received from Gen. Wagner, through
an aide, and given to the men. It was with the greatest reluctance,
almost amounting to a refusal at first, that this order was obeyed, but
the sense of duty prevailed, and they fell back, suffering very severely
in the movement; but the shelter thus obtained was not long made us of.
Again, under the proper order, the line advanced to its former position,
again losing heavily in the movement.
Now commenced the struggle; man by man, as each would gather
breath, firing as they went, the brave fellows rushed up, always onward,
never backward for one moment. The fire here was, on the part of the
enemy, rapid and well sustained, both by the infantry and the batteries
upon the ridge, which at this time poured a constant shower of grape
down the slope; but the advance was not even checked, only so far as
necessary for rest, and in less than an hour the crest was gained and the
enemy driven in utter confusion from the front. As the regiment reached
the top of the ridge and swept forward the right passed through, without
stopping to take possession, the battery at Gen. Bragg's headquarters
that had fired so venomously during the whole contest. Halting then for
a few moments to give time for those who were not up to reach me, and
joined by a few men of the Fifty-seventh Indiana, under Capt. Dunn,
of that regiment, who had been in command of them as skirmishers in
my front, and had shown marked courage and energy, I moved forward
down the hill, capturing prisoners and firing effectively upon those who
attempted to escape. The rout of the enemy was complete at this point.
At the foot of the hill some stores were captured and two wagons with
their teams. The number of prisoners taken was fully 200, and, as I
could spare no men to guard them, I ordered them to the rear and lost
sight of them. In a few moments again I was ordered to move forward
by Gen. Wagner, and the small remnant of my command having
come up, and a line of skirmishers, under Capt. Elliott, Company A,
thrown out, I moved forward, and in less than half again encountered
the enemy drawn up on a crescent-shaped ridge, with the horns
encircling the flat upon which we were advancing, and completely
commanding it at all points. The battery had been placed in position
here by the enemy, and was vigorously worked during our advance. To
storm the hill with the force we then had was clearly impossible, but
retreat was not to be thought of; to whatever shelter could be found was
taken advantage of, and the fire unremittingly kept up from our thinned
ranks for an hour and a quarter. The rifle-balls passed in almost every
direction, front and flanks, but no man, save the wounded, passed to the
rear; but at the same time it seemed certain that annihilation or capture
awaited; no help seemed available, when a cheer upon our left
announced a movement upon their flank, and the enemy at once fled,
leaving in our hands two more pieces of artillery, one wagon loaded
with ammunition, and one box of new rifles.
In this second engagement our loss was 40 in killed and wounded. The
total loss was 20 killed and 138 wounded-about 45 per cent. of the
whole number engaged.
Eight commissioned officers were wounded, Capt. Dooley, Company
F; Capt. Marks, Company I; First Lieut. Hanna, Company C;
Second Lieut. Youkey, Company K, severely and dangerously.
I cannot express too high appreciation of the conduct and gallantry of
both officers and men of my command. The record of loss in both is
sufficient eulogy.
Respectfully submitted.
ELIAS NEFF,
Lieut.-Col., Comdg. Fortieth Regt. Indiana Volunteers
Capt. H. C. TINNEY,
Asst. Adjt. Gen., Second Brigade, Second Division.
Source: Official Records
CHAP. XLIII.] THE CHATTANOOGA-RINGGOLD CAMPAIGN. PAGE 217-55
[Series I. Vol. 31. Part II, Reports. Serial No. 55.]