FIFTH DAY.

LOUISVILLE, February 4, 1864.

The Court met pursuant to adjournment.

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

The proceeding of the fourth day were read and approved.

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

By the COURT:

Question. What was General Crittenden's command on the morning of the 20th September, 1863?

Answer. It consisted of T. J. Wood's division, two brigades, one being in Chattanooga, and General Van Cleve's division, three brigades; each brigade had a battery. Palmer's division had been detached during the conflict of 19th and held in position on the line between two of Thomas' divisions. This line, which we had established by fighting, and which covered the main road to Chattanooga, was so important to maintain that neither the division of Palmer, belonging to Crittenden's corps, nor Johnson's, belonging to McCook's corps, could have been so changed as to give the corps commanders their troops in a body. This line is called for convenience "Thomas' line," although it is properly the main part of the line of the whole army.

Question. Were any of these troops transferred to other duty which relieved General Crittenden from the responsibility of command previous to 12 m. of that day?

Answer. In the first place, General Wood's division was ordered to relieve that of Negley before or about 8 o'clock, in consequence of the non-arrival of General McCook's troops, which in an order from General Thomas' headquarters, written by General Garfield, chief of staff,at 6.30 had been designated for that purpose. On my return from General Thomas' headquarters, finding General Negley about to withdraw his two brigades from the line, I went to him in person and ordered him by no means to do it until they were relieved, informing him that General McCook had orders to relieve him,and that the orders he had received were merely to prevent delay, by the possibility of his orders from General Thomas not reaching him in time. At the same time I dispatched Captain R. S. Thomas,

aide-de-camp to General Crittenden, with an order to relieve General Negley. Captain Thomas met General Wood before he saw General Crittenden,and deeming the case urgent, gave him the orders informing him that he should report the fact of his having done so to General Crittenden. These troops went into line about 9.30. General Crittenden sent one of Van Cleve's brigades to strengthen Wood, and directed Van Cleve, with his two remaining brigades, to move eastwardly. These two brigades, after some changes of position, he was directed to sent on urgent call to relieve General Thomas, and as he dispatched the order he said to me, "General, as this is the last of my command, I presume I had better go with it." I said, "Certainly, and take them, general, where you see that smoke and hear that heavy firing, and do what you can there." This point was between the position where Palmer was in the main line, and where Wood was on the right, so as to leave General Crittenden with, in fact, but two brigades of his entire corps under his immediate supervision. This last movement was before or about 12 m.

Question. Were these two brigades broken before the order was executed?

Answer. I have no doubt they were. I followed them with my eye until the rear of the columns could just be seen between me and the woods, where it seemed to halt. I watched with some anxiety the appearance of the field at that point for some time, when a member of my staff said to me, "Our men are giving away yonder." I said it was impossible, because we had there Van Cleve with two brigades and Brannan with two spare brigades, as I had already ascertained General Thomas had countermanded his order calling him to the left; but the noise of battle