[CHAP. XLIII.

direct order purporting to come from General Hooker, or was it a suggestion of the lieutenant's own?

Answer. It was delivered as a direct order.

Question. Now, what were the words used by Lieutenant Oliver in giving that order?

Answer. That General Schurz should take the hill with that brigade.

Question. Do you remember any remarks that General Schurz made when that order was brought to him?

Answer. General Schurz expressed surprise, as he had before received positive orders to march to General Geary with his brigade.

Question. Did Lieutenant Oliver say anything in return?

Answer. Not that I recollect.

Court adjourned to meet at 10 a.m., February 5, 1864.

HEADQUARTERS ELEVENTH CORPS,
February 5, 1864- 10 a.m

Court met pursuant to adjournment.

Present: Colonel A. Buschbeck, Twenty-seventh Pennsylvania, commanding Second Division, Eleventh Army Corps; Colonel James Wood, jr., One hundred and thirty-sixth New York, commanding Second Brigade, Second Division, Eleventh Army Corps; Colonel P. H. Jones, One hundred and fifty-fourth New York, commanding First Brigade, Second Division, Eleventh Army Corps; Captain William H. Lambert, Thirty-third New Jersey Volunteers, recorder of the Court.

Proceeding of previous session read.

Lieutenant Colonel THEODORE A. MEYSENBURG, assistant adjutant-general, Eleventh Corps, a witness for the accused, was duly sworn.

By General SCHURZ:

Question. Did you carry any orders to General Schurz during the night of the engagement of Wauhatchie?

Answer. Yes, sir; I carried one order directing General Schurz to re-enforce Colonel Hecker's brigade with a part of Colonel Krzyzanowski's brigade, at least by a regiment.

Question. Where was that; where was Colonel Hecker's brigade, and where was Colonel Krzyzanowski's brigade?

Answer. As near as I can remember, it was about 5 o'clock in the morning. Colonel Hecker's brigade, I believe, had passed what is called they Tyndalle Hill, and as General Schurz told me at the time, Colonel Krzyzanowski's brigade was between the Tyndale and the Smith Hills.

Question. Was it not already daylight when you brought the order?

Answer. The day was just breaking.

Question. Did General Schurz ask you any questions as to whether the gap between Smith's Hill and Tyndale's Hill should be left uncovered?

Answer. I think he did. I think General Schurz said if Colonel Hecker were re-enforced by another regiment it would leave very little in the gap. My answer, as near as I can remember, was that the gap should be held, even if it were only by a small force.