[CHAP. XLIII.

Division, and that he is halting in consequence of an order received through Major Howard. The general asks where General Schurz is, and Colonel Hecker replies: "In the front; one of his aides was just brought by here wounded."

The general inquires about the other troops or the other brigade, and Colonel Hecker points out to him the Second Brigade of my division standing immediately on his left, and mentions even the name of its commander, Colonel Krzyzanowski. General Hooker then instructs Colonel Hecker to form his brigade in such a manner as to be able to face toward the hill or toward the valley, as necessity might require. Then, saying to Colonel Hecker, "You stay here," General Hooker rides over to the Second Brigade, immediately in front of which he remains a considerable time. According to General Hooker's direction Hecker staid. For this we have the testimony of Major Howard, Captain Greenhut, assistant adjutant-general of the Third Brigade, Lieutenant Mueller, and Lieutenant Kramer, aides of Colonel Hecker, and Colonel Hecker himself. This conversation being an important matter, the testimony must be examined with greater care. Major Howard, when as a witness before you, must have made upon you the impression of a man who is careful and conscientious in his statements. He produces as facts only what he knows with absolute certainty; most of his recollections of what happened during a night of battle three months ago, he gives as impressions more or less distinct and reliable.

The testimony of a witness so conscientious can be taken at a valuation rather above than below that which he himself puts upon it. He states that he found Colonel Hecker marching, and admits it is not only possible, but probable, that he told Colonel Hecker to stop at the cross-roads. He tells us that before he did so he had been with General Hooker and staff, informing them of Colonel Hecker's arrival, and that he heard General Hooker or General Butterfield say that the troops might be halted at the cross-roads. He further gives it as his impression that he heard General Hooker or General Butterfield instruct Colonel Hecker to form his brigade so as to be able to make front toward the valley, as well as toward the hills. By the corroborative testimony of three other witnesses, Colonel Hecker, Captain Greenhut, and Lieutenant Kramer, this point is established as absolute certainty.

The testimony of Colonel Hecker himself is so clear, distinct, and positive that nobody who knows the man will breathe a doubt against it. That of Captain Greenhut and Lieutenant Kramer concurs with it in almost every particular. All three testify that Colonel Hecker was halted by Major Howard, and that General Hooker was informed by the colonel of the presence of my Second Brigade. All three testify to the instructions given by the general to Colonel Hecker, and all three testify to the words pronounced by General Hooker when he rode away, "You stay here".

This would seem sufficient to account for the Third Brigade. Colonel Hecker's case is as clear as sunlight. He acted under my orders when he marched toward Wauhatchie; he acted under General Hooker's orders when he staid at the cross-roads. As to the Second Brigade, it is to be regretted that its commander, as well as all its staff officers, without exception, are absent with the furloughed veteran regiments. I am, therefore, unable to produce them personally as witnesses. But if circumstantial evidence can prove anything, it proves in this case that an agency similar to that which