[CHAP. XLIII.

Answer. You will have your men under arms, and the brigade which is first ready marched toward the firing.

Question. And do you remember what orders were given by General Hooker to General Schurz?

Answer. I remember that General Hooker asked General Schurz if he had sent one brigade already, and General Schurz answered that the First Brigade was marching.

Question. Do you know what orders were given by Lieutenant-Colonel Otto to the Second and Third Brigades?

Answer. Not to the Third Brigade, but to the Second Brigade it was said to follow up the road toward the firing.

Question. Did not General Hooker say, "Take the nearest brigade and said that the nearest brigade, or the first one that should be ready, should be sent forward immediately.

Question. Did General Hooker give any other orders relative to the other brigades?

Answer. Not to my knowledge.

Question. Did General Hooker say anything to General Schurz about taking the hill on which the skirmish had been on the afternoon previous?

Answer. I do not remember.

Question. What troops of the Third Division were those that you saw halted on the road?

Answer. They were the Second and Third Brigades when I came up with stragglers.

Question. Do yo know how long these brigades remained there?

Answer. No, sir. I returned to the headquarters of the division.

The Court then took a recess of an hour and a half

1.30 p.m.

First Lieutenant EUGENE WEIGEL, acting aide-de-camp, Third Division, Eleventh Army Corps, a witness for the accused, was duly sworn.

By General SCHURZ:

Question. Did you accompany General Schurz during the night of the engagement of Wauhatchie?

Question. State what came under your observation while you were with General Schurz.

Answer. I joined General Schurz while he was coming back from General Hooker's headquarters, and I heard him give the order to get the First Brigade ready to march to the assistance of General Geary. I then accompanied the general at the head of the brigade in the direction of the firing, and also after we had taken position on what is known as Tyndale's Hill. I accompanied the general back to General Hooker's.

Question. Where was it that the brigade at the head of which General Schurz found himself was first fired upon?

Answer. It was on first filling out of the corn-field opposite what is known as Smith's Hill.