advance on that hill; that the troops would have had, after all, to have been sent to the right and left of the crater, because, very soon after I was in the crater myself, the enemy were seen on the hill about the position we were to take and was moving troops to the right. A dozen rebels were seen in the corn-field. My brigade moved right on after the First Division, and after my fourth regiment had gone forward I went forward myself to the crater. The fifth regiment was then ordered forward and was going up.

Question. Did you remain till the troops retired?

Answer. Yes, sir.

Question. Did they retire in confusion?

Answer. Yes, sir.

Question. Driven out?

Answer. They were driven out at the same time that I had passed the word to retire. It was a simultaneous thing. When they saw the assaulting column within probably 100 feet of the works, I passed the word as well as it cold be passed, for everybody to retire, and I left myself at that time. General Griffin and myself were together at that time. The order to retire we had indorsed to the effect that we thought we could not withdraw the troops that were there on account of the enfilading fire over the ground between our rifle-pits and the crater without losing a great portion of them, that ground being enfilading with artillery and infantry fire. They had at that time brought their infantry down along their pits on both sides of the crater, so that their sharpshooters had good range, and were in good position. Accordingly we requested that our lines should open with artillery and infantry, bearing on the right and left of the crater, under which fire we would be able to withdraw a greater portion of the troops, and, if fact, every one that could get away. While we were waiting for the approval of that indorsement and the opening of the fire this assaulting column of the enemy came up, and we concluded - General Griffin and myself - that there was no use in holding it any longer, and so we retired.

By the COURT:

Question. What was the fault owing to - owing to the orders that were given, or to the execution of those orders? Was it that the plan was bad, or that the troops or their commanders behaved badly?

Answer. Not being familiar with all the orders and arrangements I could not say. So far as my own command was concerned we did all that we could do.

Question. Could you have been ordered to have done it in a better way?

Answer. I think if they had gone forward in line of battle it would have been successful. I consulted with General Bartlett, and General Griffin, and Colonel Humphrey, and we were all of the opinion that no more troops should be sent to the crater. After that the colored division passed right through the crater while we were in it.

Question. How did those colored troops behave?

Answer. They passed to the front just as well as any troops; but they were certainly not in very good condition to resist an attack, because in passing through the crater they got confused; their regimental and company organization was completely gone.

Question. What general officers were in or about the crater on the enemy's line during all this time?

Answer. General Griffin, General Bartlett, and myself, of the Ninth Corps; and the general commanding the division of the Tenth Corps that was there (General Turner). I did not see any others, although there might have been others there.

TESTIMONY OF SURGEON CHUBB.

Surg. O. P. CHUBB, Twentieth Michigan Volunteers, Ninth Corps, being duly sworn, says to questions by JUDGE-ADVOCATE:

Question. Were you at the assault on the 30th of July?

Answer. I was.