Question. What words did he use?

Answer. He said "Go on to the cross-road and stop there and form line of battle."

Testimony read in his hearing.

Captain H. M. STINSON, aide-de-camp on General Howard's staff, a witness for the accused, was duly sworn.

By General SCHURZ:

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

Answer. Yes, sir.

Question. Where did you meet General Schurz first, and under what circumstances?

Answer. I met him first as the troops were marching to the relief of General Geary, perhaps half a mile from where our headquarters were that night.

Question. Do you remember where the column received a volley from the hill on the left?

Answer. It was from the hill which was afterward taken by the Second Brigade, Second Division. We were in the field below on the right of the hill going down toward General Geary.

Question. Was the fire returned by the column of General Schurz?

Answer. Not many shots; mostly from the skirmish line.

Question. Did you see General Howard and General Schurz at the time?

Answer. I did; near the head of the column.

Question. State how the column moved, whether quickly or slowly.

Answer. It moved at the same rate that generally do; rather faster I think.

Question. What was the nature of the ground over which the troops passed?

Answer. It was a level field the greater part of the way; there were some brooks running through it. It was not particularly swampy until the advanced brigade halted. There it was swampy with thick woods which made it almost impassable for troops.

Question. By whom were your ordered to accompany General Schurz?

Answer. By General Howard. I was not ordered to accompany General Schurz particularly. I was ordered to keep with the advance.

Question. State what happened when the advance reached the boggy place near Tyndale's Hill.

Answer. There they halted for a few minutes; then they were ordered to march to the left to the road, which was done. They then marched forward on the road, and after advancing a few rods they encountered the enemy's fire, and the brigade was halted on the road.

Question. Did some regiments of the advance brigade march up the hill?

Answer. Yes, sir.

Question. Was there not firing from the enemy while the regiments took possession of the hill?

Answer. Yes, sir.