Question. Do you think you could have maintained yourself in that position if you had been supported by troops that were known to have been in the crater at that time?

Answer. No, sir; I do not think we could, considering our condition. There were no two companies together. The officers were shot down and the troops were very much dispirited. They were all in there just as thick as they could possibly stick. The orders were to advance and take the crest of that hill at once, and I went right over with all the men I could gather, supposing that all the rest would follow. Not more than 150 or 200 men out of the three regiments went outside.

Question. Did you troops sustain a good deal of loss in that affair?

Answer. Yes, sir; I lost nearly half; and 7 officers out of 11.

By the COURT:

Question. Do you thin that if you had advanced on the right of left of the crater, where the ground was more practicable, you would have done better?

Answer. Yes, sir; I think that if we had gone up there an hour before we could have carried the crest, for there was but little musketry fire at that time.

Question. Where were you during that interval?

Answer. In the covered way in rear of a battery of 4 1/2-inch guns.

Question. Was the division commander around there?

Answer. The division commander was at the head of the division. I saw him when we went into the crater. I passed him and spoke to him. He was then on the left of the first line of rifle-pits by our people - I mean the most advanced line of rifle-pits.

Question. What did Colonel Sigfried's brigade do?

Answer. That brigade, instead of going into the crater, as near as I can tell, seemed to file to the right. At least that was my impression.

Question. Did they go over the enemy's breast-works?

Answer. I do not know, sir; my impression is that they did not.

Question. I mean the breast-works of which the crater was a continuation.

Answer. No, sir; I do not think they did.

By the JUDGE-ADVOCATE:

Question. Did you form any opinion as to the cause of that failure?

Answer. Yes, sir.

Question. What was it?

Answer. Delay. It was Lieutenant-General Grant who moved us up, about 5 o'clock, for we had not started from our bivouac in those woods at 5 o'clock. General Grant rode up and asked what brigade that was, and what it was doing there. That was some time after the explosion of the mine and the cannonading had commenced. General Grant told us to move on. The order was not given to me directly; it was given to Colonel Thomas. Then we moved into the covered way and remained there till 8 o'clock.

The Court adjourned to meet at 11 o'clock on the 2nd of September.

ELEVENTH DAY.

SEPTEMBER 2, 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 tenth day were read and approved.