censure fall, under those circumstances, on Third Brigade and its commander? If in night attacks often reigns some confusion, if even mistakes are made-and none of those things occurred with Third Brigade-is there no other explanation possible but a lack of courage and valor? Where is an evidence-a clear evidence-of facts justifying so grave an attack upon the honor of a body of men or its commander? We stop here; we suppress our feelings; we will not give them words, and suppress here and pass over to [answers 9 and 10] the time when Second and Third Brigades were led by Major-General Schurz to Tyndale's Hill. There, for the first time, I received the order to march forward to Geary, as Major-General Schurz himself states. I need not refer to the testimony of Cap-

tains Greenhut, Stinson, Lieutenants Mueller, Kramer, and Weigel. The short delay there was not caused by myself. I was halted by the orders of my commander, and ordered to wait for the return of the re-enforcements, and finds it full justification that the patrols could have been easily mistaken for enemies, and a firing of our own troops on each other could have resulted; and further, that as the firing at Geary's had long ceased, no danger could be apprehended in that regard. The re-enforcement of my brigade by Major-General Schurz finds its full justification in the following circumstances; The brigade was composed of the Sixty-eighth New York Volunteers, 127 men; Seventy-fifth Pennsylvania Volunteers, 159; Eighty-second Illinois Volunteers, 230, and Eightieth Illinois Volunteers, 358. Aggregate present for duty [deduction made of the sick and those on special, extra, and daily duty] of this force were only present in the night of the engagement of Wauhatchie-the Seventy-fifth Pennsylvania Volunteers, Sixty-eighth New York Volunteers, and half of the Eightieth Illinois Volunteers. The other half of it and the Eighty-second Illinois Volunteers were left near Shellmound to guard the gap near the coal mines, and, as the Seventy-fifth Pennsylvania Volunteers was detached to the gap near Tyndale's Hill, the commander of the division detached the One hundred and forty-first New York Volunteers.

With this I submit, respectfully, to the sentence of the Court.

F. HECKER,

Colonel, Commanding Third Brigade.

[Appendix D.]

STATEMENT OF FACTS AS FOUND BY THE COURT FROM THE EVIDENCE ADDUCED BEFORE IT, AND THE OPINIONS OF THE COURT THEREON.

On the evening of the 28th day of October, 1863, two divisions of the Eleventh Army Corps, under command of Major-General Howard, arrived in Lookout Valley, Tennessee, and encamped near Brown's Ferry, having marched from Bridgeport, on the Chattanooga and Bridgeport road. A part of the Second Division, of the Twelfth Corps, under the command of Brigadier-General Geary, followed and encamped the same evening at Wauhatchie, 2 1/2 miles from the camp of the Eleventh Corps, on the road over which it had passed. The troops of the two corps were under the command of Major-General Hooker.

Between 12 and 1 a.m. of the 29 th of October, the night being pleasant and moonlight, the enemy made an unexpected and vigorous attack upon the troops commanded by Brigadier-General Geary. General Hooker, being aroused by the firing, immediately and in person ordered General Schurz to double-quick his division to the