orders from General Howard, and this would be so whether Colonel Hecker said he was halted by orders from General Howard, as General Hooker recollects it, or that he was halted by orders received from Major Howard, as claimed and testified to by Colonel Hecker and his witnesses. It was to be presumed that Major Howard would not deliver an order unless so directed by his chief, and Colonel Hecker would be right in assuming that an order delivered by Major Howard was issued by Major-General Howard. General Hooker had communicated his orders to General Schurz, to General Howard, and General Howard is therefore to be regarded as under orders to re-enforce Geary with General Schurz's division, and General Hooker assuming, as he had the right to do, that Colonel Hecker had been halted by General Howard pending some movement to carry out the original order, did not think it right and proper for him to interfere. Hence, it may well be that he directed Colonel Hecker to stay where he was until he got orders from General Howard. But it is apparent that General Hooker did not intend to interfere with or change his order to re-enforce General Geary.

At the time he met Colonel Hecker he was under the impression and belief that all of General Schurz's command, except the Third Brigade, had marched forward. He did not know, nor was he mad to understand, that another brigade of General Schurz's command was still in the rear of Hecker, nor was he aware of the fact that Colonel Krzyzanowski's brigade was a part of the Third Division until the return of and the interview with General Schurz after the occupation of Tyndale's Hill. It is also apparent that the delay in re-enforcing General Geary was not caused by the troops, or any of them, losing their way or becoming involved in a swamp. That there was great and inexcusable delay must be conceded, but it was caused by the halting of the brigades, as hereinbefore stated. Yet the official report of Major-General Howard in reference to this matter leaves it fairly to be inferred that whatever delay there was was caused by the troops losing their way and becoming involved in a swamp; and General Hooker's official report in this regard is founded on that of General Howard's.

There is nothing in the evidence to authorize or justify the halting of the Second Brigade at the time and place it did. Orders

had been given to and received by its commander to follow the First Brigade and march on the road to Wauhatchie. General Schurz immediately proceeded at the head of the First Brigade. He had a right to suppose that the whole of his command would follow and continue marching until otherwise ordered by him. General Howard accompanied him until near Tyndale's Hill, when he left, and pushed forward toward Geary more rapidly than the column in march, leaving orders with General Schurz to hurry forward his command with all possible dispatch. The only evidence on this subject is the hearsay statement of a staff officer of Colonel Hecker, who testifies that he was told by a staff officer of Colonel Krzyzanowski's that he [Colonel Krzyzanowski] had been ordered to halt.

He certainly received no such orders from General Schurz, his immediate commander. The last order given by General Howard before leaving the column to join General Geary was very different from an order to halt. General Hooker testifies positively that he gave no such order, or any other order directly to brigade commanders. The Court can come to no other conclusion from the evidence than that the Second Brigade of the Third Division was

14 R R-VOL XXXI, PT I