this was done, as my orders were peremptory, and as I was not then engaged at all. I saw no more nor heard of General McCook that day. My best recollection is I saw General McCook early in the a.m. of the 20th, near what is called the Dry Valley road, but I only saw him for a few moments then, and nothing of interest occurred. Later in the day, about 10.45 a.m., after my division had occupied the position vacated by General Negley's division, General McCook came to where I was immediately in rear of my division. At that time my division was not at all engaged, and I had dismounted from my horse. General McCook dismounted and entered into conversation with me about the battle. So far as sounds indicated it, there was no fighting from my position to the extreme right of the line. I explained to General McCook I had been ordered to occupy that position, and to rest my left against General Brannan's right, whose division was the next on my left. General McCook informed me that General Davis' division of his corps was closed up on my right. While this conversation was going on I received an order directly from General Rosecrans to close up on General Reynolds as fast as possible and support him. As there was a division between mine and General Reynolds' (Brannan's), and as the firing in that direction indicated that a severe action was going on, I remarked to General McCook I should move my division at once to the support of General Reynolds, and that this movement would necessarily vacate the position I was then in. He replied that he would move Davis' division toward the left, or up, so as to cover the interval which would be vacated by the movement of my division. I at once dispatched my staff officer to the brigade commanders to commence the movement. General McCook immediately mounted his horse and rode briskly to the right, as I understood from him to move, up Davis' division. I went on with my own movement, and saw nothing more of General McCook during the 20th September.

By General McCOOK:

Question. From what you saw of Major-General McCook on the 20th September, do you or do you not think he was using every exertion to get his troops in proper position?

Answer. So far as I saw him, I certainly observed no want of activity or energy on his part to get his troops into position.

Question. Were General McCook's troops posted in proper position on the right of the main line of battle, and so as to hold the Dry Valley road, early in the morning?

Answer. I saw none of General McCook's troops after daylight Sunday morning, and, therefore, am not able to make any statement as to how they were posted after daylight. Before daylight, when my division was moving to take position on the slopes of Mission Ridge to form a part of the reserve for the coming day, according to the orders we then had, I passed a portion of General Davis' division (of General McCook's corps), which was moving,and appeared to be going into position in such a way as to command the Dry Valley road toward the south. As it was in the night, I could not see distinctly the position of things.

Major G. P. THURSTON, assistant adjutant-general, acting judgeadvocate, Department of the Cumberland, duly sworn, says to questions

By the COURT:

Question. What was the position of Major-General McCook's command on Sunday, the 20th September, at the battle of Chickamauga?

Answer. At daybreak on that day in was posted on the extreme right of the line of battle, with only one brigade in line of battle, two brigades of Sheridan's division to the right and rear of that one brigade. On the left of these three brigades in reserve was General Davis' division of two brigades. About 7 a.m. an order was received from General Rosecrans to relieve General Negley, who was in position in front and left of General McCook's troops. General McCook with Sheridan immediately rode to General Negley's position to carry into execution this order. The order from General Rosecrans was dated 6.30 a.m., requiring him to relieve General Negley if practicable. On reaching the position General Negley had occupied he found two brigades of General Wood's division in position there, General Negly's division already relieved. On riding to the right of General Wood's line, he found considerable interval between General Wood's division and General Sheridan's troops. He then ordered General Sheridan to bring forward a brigade of his