court-martial assembled in East Tennessee, and before which I was tried, in reply to the following question:

Question 8. Did you not state, after your reconnaissance, that there was no ditch opposite the bastion at northwest; that there was some fresh dirt at that point, and that there had been a little scratching there? Did you communicate this to Generals Longstreet and McLaws?

Answer. I never stated there was no ditch at that point, but I stated that the ditch was of such small dimensions as to be no obstacle to an assault, and of such shape (see figure 3) as to be no obstacle in the way of an assault. I communicated it to both repeatedly, and advised the attack on this point. On one occasion I took General Longstreet to a point where he could see it, and showed him a man crossing the ditch.

General Longstreet, in this testimony before the same court, says:

I made several very careful examinations of the fort myself before it was attacked on all sides, as near as I could get to it. I think I got within 400 yards of it on the north side.

* * * * *

I remember particularly to have seen a soldier march out the fort, down the ditch and up to the other side, outside of the ditch on the west side, from the north side. The cut in the ditch on the west side seemed to have been made more for the purpose of getting dirt than for obstructions. In passing over the ditch more than half of the person of the soldier could be seen on the west side. In passing down the ditch he seemed to walk and not jump; he seemed to find no difficulty in getting out of the ditch on the outside. I was told by some officers that dogs were seen to pass over the ditch. These circumstances led me to believe that the ditch on the west side was a slight obstacle. In all of my conversations about the ditch I stated very much what I stated in the previous part of this answer. I think that I stated if frequently to Generals McLaws and Jenkins, and that I stated it in the presence of many others, staff and line officers.

Again, in reply to the question-

Question 11. Did you furnish the accused with any officer of engineers or of artillery to assist him in preparing his attack, or of obtaining information by reconnaissance or otherwise to the same end?

Answer. I did not. I furnished him with no officer of engineers; I had none to use myself for that service. Colonel Alexander, chief of artillery, and a professional military engineer, was ordered to confer with General McLaws, and did confer with him in regard to his operations, and he used all his artillery that could be used in co-operation with the assault made by General McLaws. * * *

Thus at the point where the assault was made, viz, about the northwest angle of Fort Loudon, I had been informed by the officer charged with conferring with me in regard to my operations, and who was a professional military engineer, and by the commander-in-chief himself, that the ditch was of such small dimensions that it offered no obstacle to an assault, and was of such a shape as to be no obstacle in the way of an assault, and that it was a slight obstacle, and General Alexander (then colonel) stated that his information was gained from reconnaissances made two days before the assault.

And the reply to question 9th-

Question. Did you advise ladders for the attack?

Answer. I did not. I did not consider them essential. Something was said about fascines, and I said they might be useful to protect the men from bullets in their approach, but I did not consider them essential in crossing the ditch.

All these points were discussed at my headquarters, which was so situated as to be a place of general resort, and the impression was made general that there was no ditch at the northwest angle and its vicinity which would offer any obstacle to an assault. I endeavored to convey this idea to all concerned, and, in connection with it, urged the officers and men to rush to their work with a determination to