FIFTH DAY.

FEBRUARY 4, 1864.

The Court met pursuant to adjournment.

Present, Major-Generals Hunter and Cadwalader, Brigadier-General Wadsworth, and Colonel Schriver, recorder, and Major-General McCook.

The proceeding of third day were read and approved.

The investigation in General McCook's case was proceeded with.

The report of the battle of Chickamauga, as printed [in] the New York Tribune newspaper of the 5th January, was ordered to be read by the recorder, which was done.

Major General W. S. ROSECRANS, U. S. Volunteer, being duly sworn, says to questions

By the COURT:

Question. Were your in command of the United States forces in the battle of Chickamauga on the 19th and 20th of September last?

Answer. I was.

Question. Please state the positions of the respective corps of your command, and the orders which were given by you to their commanding officers on 20th September, so far as would affect Major-General McCook.

Answer. The order for General McCook for the 20th was to maintain his picket line where it was on the 19th, and to form his command on the right of the line of General Thomas, allowing his picket to remain until driven in. About daylight on the morning of 20th, the general reported to me, then on my way to inspect the lines, stating in general the position of his troops. I told him I thought General Davis' division should be brought down from the hillside, where it was formed in line of battle, moved farther toward our left and placed in close column by division, doubled on the center so as to be ready to move, pointing out a place in the valley which appeared eligible for the division. The general urged the exposure of that position, and I left the exact to be chosen by him at his discretion. The next order which I remember, was written at my deciduation by General Garfield from General Thomas' headquarters at 6.30 a.m., informing General McCook that General Negley was to come over to Thomas' left, and directed him to fill Negley's place in the line. On my return from an inspection of the line, I met General McCook again, and having conversed with him about the state of our front, remarked that I did not very well like our position on the right, pointing out some of its defects, and at his request, accompanied him to General Sheridan's headquarters, on the hill west of Widow Glenn's house, where we further conversed about the value of that position. I mentioned to General McCook during this conversation and subsequently when General Davis had formed his troops east of the Dry Valley road, in line of battle, that whatever might be the value of Sheridan's position, it was still more important that we should keep our line closed to the left, observing in reply to the objection that we might thereby lose the road, that even the loss of the Dry Valley road would be nothing in comparison with the importance of keeping a compact center. There were several orders sent to General McCook during the morning, the hours of which and the substance of which, I cannot fully give from memory. I remember that General McCook was advised of the fact that Crittenden had executed the order for relieving General Negley's troops on the line of battle; that he was directed to send General Davis to close a gap in that line found to the left of Sheridan's and on right of Wood's division; that he had orders to put Sheridan's entire division in readiness for prompt movement to support Thomas; and that he was to report to me for further orders. This was given about 11.30 o'clock. I had taken my position in the rear of the left of a portion of the line occupied by General McCook's troops, and one-half mile west from my designated headquarters for the purpose of seeing all the dispositions of the troops on our right executed, or at least so far advanced as to be certain that they would be completed. I occupied this position when Davis' line was broken, and as I was about to move from it to