Early in his report wrote: "I had to regret the absence of the gallant Brigadier-General Hoke, who was severely wounded in the action of May 4, at Fredericksburg, and had not recovered, but his place was worthily filled by Colonel Avery, of the Sixth North Carolina Regiment, who fell, mortally wounded, while gallantly leading his brigade in the charge on Cemetery Hill, at Gettysburg, on the afternoon of July 2.
Early in his report, he expressed regret for Brigadier-General Hoke's absence due to his severe wounds sustained during the May 4 battle at Fredericksburg. Colonel Avery, from the Sixth North Carolina Regiment, took over his role after being mortally wounded while leading a charge on Cemetery Hill at Gettysburg on July 2.