Answer. I remember that a portion of his troops held in reserve were fronting toward Wauhatchie.

Question. Was that before Colonel Hecker came up with his column?

Answer. I cannot say as to the exact time that formation was made, as I carried no orders relative to it.

Question. Did you know anything of the movements of Tyndale's brigade at that time-the time of the meeting of Colonel Hecker and General Hooker?

Answer. I understood at that time, I think from General Howard, that Tyndale's brigade had gone forward to join General Geary. General Howard stated to me that the order which I had carried to General Steinwehr had been modified by General Hooker so that General Schurz was to go to the relief of General Geary and not General Steinwehr.

Question. Where was the Second Brigade (Krzyzanowski's) at the time of the meeting of General Hooker and Colonel Hecker?

Answer. I am not certain that I know where that brigade was at that time.

First Lieutenant PAUL A. OLIVER, aide-de-camp, Major-General Hooker's, a witness for the accused, was duly sworn.

By General SCHURZ:

Question. Did you see General Schurz on the field during the night engagement of Wauhathie?

Answer. Yes; I did.

Question. Did you communicate any orders to General Schurz on the field?

Answer. Yes.

Question. What orders did you communicate to General Schurz?

Answer. I took the order to him to get his division or brigade-I am not certain which-under arms, and occupy the hill (Tyndale's Hill) where we had the skirmish with one brigade.

Question. Did you deliver the orders to get his division or brigade under arms, and the other orders to occupy the hill, afterward called Tyndale's Hill, at the same time or separately?

Answer. At the same time.

Question. From whom had you received your orders for General Schurz?

Answer. From General Hooker in person.

Question. Did you see General Schurz on the field afterward while on his march toward Wauhatchie?

Answer. I did.

Question. Where did you see General Schurz on the field?

Answer. I saw General Schurz in that field to the right of that hill, the Tyndale Hill. The troops had got off the road, and I had gone to find it. It was there I first met General Schurz.

Question. Did you communicate to General Schurz any orders at that time?

Answer. I did not; but immediately afterward when the troops had got on the road they were halted. There was some firing from the hill. I told General Schurz I thought that hill should be occupied. General Schurz said he had orders to join