if possible. While we were returning from this consultation ad assault was made upon the crater, and the enemy recovered possession of it. Then all the troops were forced back to our line, except two regiments that I had sent beyond the ravine to silence a battery, and these I withdrew about 4 o'clock in the afternoon.

Question. Do you know whether any troops misbehaved or disobeyed orders in any way or at any time during the action?

Answer. I do not know that I can answer that exactly. I know by the reports of my staff officers and so forth. But I saw troops lying there when they had been ordered to go forward immediately after the mine exploded, probably within ten minutes. Colonel Pleasants, who had charge of the explosion, and whose regiment, having built the mine, being relieved from duty on that day, except as a sort of provost guard with orders from the Ninth Army Corps, had volunteered as an aide on my staff, and as soon as the mine was exploded he rushed forward into the crater, and the troops were moving up, and he reported to me that the troops could not be made to move forward - that was, the troops of the First Division. He showed me his hand, which was blistered in driving them up. It was Marshall's brigade, of Ledlie's division.

By the COURT:

Question. What tools were the engineer regiments supplied with?

Answer. Axes, spades, and picks. The engineer regiment I think was supplied particularly with axes to cut down the abatis.

Question. Did they move forward?

Answer. Yes, sir.

Question. Did they destroy the abatis?

Answer. The chevaux-de-frise on the enemy's lines for 200 or 300 yards was broken down.

Question. Was there any difficulty in passing a brigade or regimental front over our intrenchments and on either side of that crater to the front?

Answer. It might have been done on the left, but not on the right.

Question. What was the difficulty on the right?

Answer. The difficulty on the right was that where you would have to form your troops you would have to pass through a wooded ravine and swamp. A heavy regiment, which charged through in regimental front, I think got very badly broken up. They would have succeeded better farther to the right.

Question. Where did you stay during the attack?

Answer. Most of the time I staid on the hill on this side of the railroad - a point where you can see the ground.

Question. Did all of your troops go into action?

Answer. My troops all went into action except my engineer regiment, which had just moved up to the front.

Question. Did they all get as for as the crater?

Answer. All except one regiment for beyond the crater.

Question. Did you ever go to the crater?

Answer. I never went to the crater myself; I was within about eighty yards of it, just off to the right of it.

Question. At the time your skirmish line was ordered up the hill did any individual members of your division get to the top of the crest?

Answer. I do not think there did. It was reported to me that some did, but having investigated the matter since I am satisfied that they did not.

The Court adjourned to meet at 10 o'clock in 31st of July [August].