Question. The brigade to which you gave the order about the prisoners was drawn up in line of battle perpendicular to the line of hills. Do you know that a part of General Steinwehr's command was in that position also?

Answer. I knew that a portion of General Steinwehr's was in the field at some distance on the left of the brigade referred to, but of its formation I knew nothing.

Question. What kind of a night was it?

Answer. It was very clear; a bright moonlight night.

Answer. It was very clear; a bright moonlight night.

Question. How long did it continue moonlight?

Answer. It continued until morning.

First Lieutenant DOMINICUS KLUTSCH, Eighty-second Illinois, a witness for the accused, was duly sworn.

By General SCHURZ:

Question. Were you at General Schurz's headquarters when the alarm tool place in the night of the engagement of Wauhatchie?

Answer. Yes, sir.

Question. State what you observed about the orders that were given, and the marching of the troops.

Answer. General Schurz ordered me at night when he retired to call him whenever any alarm might be heard around the camp. It was about quarter to 1 o'clock when I heard the heavy firing and went down to the ambulance, after having called the other officers, to awaken General Schurz. When I was down at the ambulance, Lieutenant Oliver, of General Hooker's staff, in company with Lieutenant-Colonel Otto, came down to the ambulance and reported to General Schurz that he immediately ordered his troops under arms and marched one brigade to the front and have the others follow up the road. Major-General Schurz gave orders to Captain O'Dell to go down to General Tyndale and tell him to have his brigade fall in right away and march toward the picket line toward Wauhatchie. It was at five minutes past 1 o'clock when General Hooker himself passed our headquarters, and asked General Schurz if one brigade had been sent forward and the others ordered to follow up in the road? General Schurz answered, that he first brigade lying right in front of division headquarters was marching accordingly. It was ten minutes past 1 o'clock (I looked at my watch at the time) when the general, with all the troops, was marching toward Wauhatchie. I was to stay behind. Lieutenant-Colonel Otto was directed to communicate the orders given by General Schurz to the Second and Third Brigades.

Question. Did you see Lieutenant-Colonel Otto; where was he, and with whom did you see him?

Answer. I saw him at the division headquarters speaking to Colonel Krzyzanowski, who was asking for instructions. Afterward I saw him going down to the road toward Colonel Hecker's command.

Question. Did you see any of the troops of the Third Division afterward during the engagement?

Answer. Yes, sir. I went through the camps of the First Brigade lying in front of division headquarters, to order the stragglers ahead, and saw about three-fourths of a mile from division headquarters the troops halted. I saw nothing further.

By Colonel HECKER:

Question. Did you see the Third Brigade marching to the front, and that it was halted by Major Howard?

Answer. I heard it was halted by Major Howard, but did not see myself that the major stopped it.

By the RECORDER:

Question. Do you remember the language of the orders given by Lieutenant Oliver to General Schurz?