and was evacuated to Richmond. G.W. Smith assumed temporary command of the army. Smith, plagued with ill health, was indecisive about the next steps for the battle and made a bad impression on Confederate President Jefferson Davis and General Robert E. Lee, Davis's military adviser. After the end of fighting the following day, Davis replaced Smith with Lee as commander of the Army of Northern Virginia. During the night of May 31 – June 1, scouts in Israel Richardson's division reported two Confederate regiments camped only about 100 yards away. Richardson declined to make a risky night attack, but had his troops form a line of battle just in case. By daybreak however, the enemy regiments had withdrawn from their exposed location. At 6:30 AM, the Confederates resumed their attacks. Two of Huger's three brigades, commanded by Brig. Gens William Mahone and Lewis Armistead (the third under Brig. Gen Albert G. Blanchard was held in reserve) assaulted Richardson's division and momentarily drove part of it back, but Richardson's men rallied. They were reinforced by Brig. Gen David B. Birney's brigade of Kearny's division, which had not been engaged the previous day as Birney had accidentally taken the wrong road and gotten lost. He was arrested by Heintzelman for disobeying orders and the brigade was temporarily commanded by Col. J. H. Hobart Ward of the 38th New York (Heintzelman attempted to have Birney court-martialed, but a military tribunal cleared him of all charges and he was restored to command of his brigade two weeks later). After fierce fighting, Huger's division was forced to retreat. In his official report of the battle, Mahone stated his casualties at 338 men. Armistead's report did not give a casualty figure, but his losses were undoubtedly heavy as well. On the Union side, total losses in Richardson and Birney's outfits numbered 948 men, including Brig. Gen Oliver O. Howard, whose right arm was shattered by a Minie ball, necessitating an amputation that kept Howard out of action for months. Approximately 60% of Richardson's total casualties came from Howard's brigade. Pickett's brigade, to the right of Armistead, lost 350 men. To the south, the brigades of Roger Pryor and Cadmus Wilcox were attacked by Hooker's division. Although both brigades resisted stubbornly, the order was given to retreat, which they did with some reluctance. By mid-morning, the Confederates withdrew to Casey's earthworks west of Seven Pines and the