alerted to the Union Army movement and were able to get back into position well before Peirce's men arrived at Big Bethel. Almost the entire Confederate force was now behind earthworks and north of Marsh Creek (Brick Kiln Creek), the branch of the Back River at Big Bethel. The exception was that some of the 3rd Virginia Infantry were in an open field to the south of the branch to protect a howitzer position which was intended to block the main Yorktown–Hampton road. These men hurriedly tried to entrench and to find other cover, such as old mill dam, as the Union force approached. The Confederate force consisted of the same units that Magruder had sent to Big Bethel a few days earlier: Colonel D. H. Hill's 1st North Carolina Volunteer Infantry (about 800 men), three companies of Lieutenant Colonel William D. Stuart's 3rd Virginia Infantry (208 men), a cavalry battalion of about 100 men under Major E. B. Montague, and the Richmond Howitzer artillery battalion of about 150 men under Major George W. Randolph. Union attacks at Big Bethel Having determined to continue to Big Bethel without knowledge of the layout or strength of the Confederate positions, Peirce sent Duryee's 5th New York Infantry out first. Captain Kilpatrick along with Captain Charles G. Bartlett and skirmishers were sent forward to scout the Confederate position. They returned to the main body of the Union force and, after observation and talking to a black man and a local woman as well, told the officers in command that the Confederates had between 3,000 and 5,000 men and 30 pieces of artillery. They actually had about 1,400–1,500 men and 5 artillery pieces, but Kilpatrick accurately reported that their position was well fortified. If the Union forces had not done enough already to give up their plan and position, Kilpatrick gave notice of the arrival of the Union force at Big Bethel by shooting at Confederate scouts and pickets. As the Union force came up to the field, they could not see the Confederates behind their fortifications but the Confederates also did not have a good view of the Union force because of the shade from the woods behind the field on the right and small buildings on the left. However, they could see the bayonets and flag of a Union force about to the left. Major Randolph, commanding the Howitzer Battalion, fired a