[CHAP. XLIII.

Major General CARL SCHURZ, commanding Eleventh Army Corps, a witness for the accused, was duly sworn.

By Colonel HECKER:

Question. What orders were given by you to Colonel Hecker on the night of the engagement of Wauhatchie; when and where?

Answer. As soon as the first alarm was given, I sent aides around to the brigades with the order to have the troops under arms. Captain Spraul, one of my aides, went to the Second and Third Brigades with the order to have the order to have the troops march forward from the camps to the road, and halt there until further orders. Going to the front myself at the head of the First Brigade, I left my chief of staff, Lieutenant-Colonel Otto, behind with the order to put the two remaining brigades on the road and follow the First Brigade, in the direction of Wauhatchie. While marching at the head of the First Brigade, before arriving at Tyndale's Hill, I received the report from Major Howard that the Third Brigade, Colonel Hecker's, was stopped, and under directions from General Hooker. I did not see Colonel Hecker again until after the taking of Tyndale's Hill, when I returned to the place where I found my troops and General Hooker. Upon my order Colonel Hecker marched forward to Tyndale's Hill, halted there a short time, until he was re-enforced by the One hundred and forty-first New York. There I gave him the order to march to Geary, which he executed immediately upon the arrival of re-enforcements. Patrols had been sent out from General Tyndale's command to ascertain whether the report previously received, that a column of the enemy was on our right in the valley, was true or not. Whether Colonel Hecker kept back until the return of the patrol I cannot now distinctly remember, but I do remember that he started off as soon as the One hundred and forty-first New York arrived. The halt made by the Third Brigade at Tyndale's Hill was made by my order. My impression is that the brigade did not halt over ten minutes.

The Court adjourned to meet Monday, February 8, at 10 a.m.

[HEADQUARTERS ELEVENTH CORPS,

February 8, 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 W. H. Lambert, Thirty-third New Jersey Volunteers, recorder.

Proceeding of previous session read.

Examination of Lieutenant-Colonel MEYSENBURG resumed.

By General SCHURZ:

Question. Did you see Colonel Hecker's brigade on its march from the cross-roads to Tyndale's Hill; and if so, where and when?

Answer. I met colonel Hecker's brigade after it had passed the swamp, which is opposite the gap between Smith's and Tyndale's Hills, at about 4.30 a.m.

Question. Do you know exactly where the cross-roads are, and where the swampy place is, and what the distance is between the two place?

Answer. I never measured the distance between the place called the cross-roads and the swampy place.

Question. Did you deliver to General Schurz an order to send Colonel Krzyzanowski forward to Geary?

Answer. I did, I believe, at 7 o'clock in the morning.