march had reached the troops, when we consider that in the night and on roads as they were at that time, when we do not forget that all the troops marched at the same time and a crowding of them causes always more or less delay, if we remember that the order to march was First Brigade, Second Brigade, Third Brigade, we can positively say that any brigade having started from the encampment of Third Division marching directly toward Geary could not have reached Geary at this distance of 3 miles, under the existing circumstances, before the firing had ceased there.

Answers 8 and 9. It is easy to show that all orders given to the commander of Third Brigade were executed immediately, and that all the acting of the brigade and its commander during that night was in consequence of orders, and nothing contrary to it. The first order given and executed in the night of the 29th was to march from camp down on the road and to form there. This order was carried by Captain Spraul, aide-de-camp of Major-General Schurz, and arriving at the road, the brigade was informed by Lieutenant-Colonel Otto to march forward on the road. Not a word was said of marching to the relief of General Geary, and it would be easy to show that great many commanding officers did not even know, or never were informed, that General Geary, and it would be easy to show that great many commanding officers did not even know, or never were informed, that General Geary and his troops were encamped near Wauhatchie. Not a word was said because First Brigade was sent forward to [for] that purpose, and as it is confirmed by the testimony of the commander of the division that the only order given at that stage of the movement was to form and march on the road, we can pass to the time from this order to the first halting of the brigade. The Third Brigade executed the orders received, and marched forward and even passed forward when Second Brigade was halted, and Major Howard passing by the brigade at times found it always marching forward.

The distance from the camp of Third Brigade to the road is about 400 yards, and from Major-Generals Howard's and Schurz's headquarters to the cross-roads about 1,000 yards. So far, the Third Brigade had advanced, the Second Brigade having turned out to the left, when Major Howard brought the positive order to halt at the cross-roads, and bring my troops in position front to the hill.

He himself states that he informed General Hooker that I was authorized to halt, and that shortly after Major-General Hooker saw me in person. This order was executed at once, and the reason why this order was given struck immediately my mind, as a firing from the hill on the left indicated an intention of the enemy to attack us there. Therefore I ordered to remove all hindrances in front; the fences on both sides of the road were thrown down to be ready to meet the enemy's attack with a counter attack, and Major-General Hooker himself stated before the Court, that seeing this firing from the hill he saw that the enemy's intention was to get between him and Brown's Ferry, and to stand prepared for any intention the enemy had. A short time after Major Howard had communicated that order, and Major-General Hooker presents himself in person and gives me the instruction to be ready to change front toward the right, if necessary. These instructions are not only heard by the officers surrounding me, but by Major Howard also, and Major-General Hooker leaves me with the words "Your stay here." Those words from the lips of the commander-in-chief are positive. What his thoughts were, is not and was not in my reach. I had to obey.

General Hooker himself does not deny that he had told me to re-