amount to anything. This gun was on the plank road. Over on the right I could not form any exact idea of what they were doing, but I could see that there was certainly no heavy firing. There were only a few straggling shots in that direction. Where we most feared the fire we did not get any at all. The firing that they did, according to the reports I have received, was from a light battery on the crest, and it was once moved from its position by our mortar batteries on our right near the left of the Eighteenth Corps. We expected fire from the two flanks, and we had a heavy fire of mortars to stop both fires.

TESTIMONY OF GENERAL MOTT.

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

Question. Will you state to the Court what time and under what circumstances you relieved the Eighteenth Corps previous to the assault on Petersburg?

Answer. I left across the James River on the night of the 28th of July. I crossed the river at 9 o'clock, and one of General Ord's aides met me and put me in position before daylight next morning. As soon as it was dark on the night of the 29th I relieved the Eighteenth Corps and one division of the Tenth in the entrenchments, and completed the operation about 11 o'clock.

Question. What did General Ord say to you as to the practicability of making an assault in your front in connection with the operation of the mine?

Answer. He wished me to say to General Hancock (and he said that he had also telegraphed to General Meade) that it was not practicable to make an assault there, on account of a good abatis being in front of the enemy's works, and on account of their being well wired, so that it was impossible for the men to get through.

Question. During the assault of General Burnside through the crater and subsequent to that time did you make any examination to see whether the enemy had left your front or not?

Answer. Yes, sir.

Question. What was the result?

Answer. I sent a staff officer to each brigade commander to instruct them to make a demonstration to see if the enemy had left. General De Trobriand, commanding the First Brigade, attempted to advance his pickets which he had out. In doing so he had 1 officer and 15 men killed. Colonel Madil, commanding the Second Brigade, said he had a position from which he could see if any one left his front, and not a man left since daylight. Colonel McAllister, commanding the Third Brigade, made a demonstration by sounding the bugle for a charge, and snapped some caps, and he immediately received a volley from the enemy's works. He had no pickets out in the daytime.

Question. What time was this?

Answer. I think it was about 7 o'clock; about the time I got a dispatch when General Burnside reported that the enemy had left his front.

The Court then adjourned to meet at 10 o'clock on the 3rd of September.

TWELFTH DAY.

SEPTEMBER 3, 1864.

The court met pursuant to adjournment.

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

After taking testimony of all the witnesses present on this day the proceedings of the eleventh day were read and approved.