NINTH DAY.

HEADQUARTERS SECOND CORPS, August 31, 1864.

The Court met pursuant to adjournment.

Present, Major-General Hancock, Brigadier-Generals Ayres and Miles, and Colonel Schriver, judge-advocate.

The proceedings of the eighth day were read and approved.

TESTIMONY OF GENERAL FERRERO.

Brigadier General EDWARD FERRERO, U. S. Volunteers, being duly sworn, to questions by JUDGE-ADVOCATE, says:

Question. Were you at the assault on the 30th of July, and what was your command?

Answer. I was commanding the Fourth Division of the Ninth Army Corps (colored troops).

Question. What was their formation for the attack?

Answer. There was no formation further than moving down in rear of the Third Division, as directed in the orders, by the flank, in the covered way.

Question. Was this the most judicious?

Answer. It was the only formation that could be adopted under the circumstances.

Question. Please to state the circumstances.

Answer. There being no position to mass the troops.

Question. Why was there no position?

Answer. On account of there being three other divisions in advance of mine, which would occupy all the available ground where my troops could have been formed.

Question. What orders had your to prepare the parapet for the debouche of troops?

Answer. I had no orders whatever.

Question. State some of the causes, briefly.

Answer. The failure of the First Division to go forward immediately after the explosion.

Question. Do you attribute their halting and not going forward to misbehavior on their part?

Answer. Not being present there that I could not say. In my opinion there is no reason that I know of why they should not have gone forward.

Question. State the reasons why you arrived at that conclusion.

Answer. I would state that there could have been no obstructions whatever at that time, from the fact that the crater was crowded with troops, in and about it, when my division went through and passed over the obstacles, not only the obstacles occasioned by the explosion, but also the mass of troops in the crater. They went through and passed beyond those troops at a time when there was heavy firing, whereas, those troops that had gone forward on the lead could have gone forward with a very slight loss, in my opinion. I would state that in my opinion the order of the battle for the movements of troops on that day was extremely faulty. If I understand it right, the object to be attained was to gain the crest on Cemetery Hill, and to take advantage of the momentary paralyzation of the troops in and about the crater, caused By the explosion of the mine. It was necessary that the