not my regimental color, but meeting the commanding officer of the Thirteenth Indiana Regiment, of the Tenth Corps, I stopped to converse with him. There were in front of me at this time, lying outside the earth-works, negro troops in two lines - that is to say, four deep. They were lying on their faces in line of battle immediately on the outside of the ditch. Directly in front of them was another line of negro troops, in the ditch,mingled with the white troops of the First Division. I did not go into the crater because I was desirous, if possible, of learning where my regiment was before getting in. In justice to myself, I might say that it was a much more exposed position outside the ditch than it was inside, but, as I said before, I desired to find my regiment first. But being unable to do so, I had determined to go in and look for it in the ditch. Just as I was about to step forward, about half a dozen offices of the negro troops rose up and attempted to get their commands out of the work, for the purpose of advancing I should judge, although I knew nothing of what the movements were to be, and therefore only judged so from their actions. About 200 men (white and black) rose right in my front, their officers attempting, as I understood, to advance them, but they immediately fell back, and thereupon the two lines of negro troops that had been lying in front of me near the ditch rose to their feet and went back to the rear, marching over the Thirteenth Indiana Regiment, which remained in its position. This was about 100 yards on the right of the crater.

Question. The white troops in the crater belonged to what division?

Answer. They belonged to the First Division (General Ledlie's).

Question. State to the Court, if you know, or give your opinion as to why they hesitated or stopped in the crater and did not go forward.

Answer. Of my own knowledge I do not know.

Question. Did any of the troops of the First Division get beyond the crater toward the enemy?

Answer. I do not know.

Question. In you opinion how did this hesitation or rest in the crater affect the result of the action?

Answer. In my opinion it affected it in this manner: The hesitation and the length of time consumed in reorganizing our rearranging the men for moving forward enabled the enemy immediately in front to be prepared not only for our advance, which they were, but to advance against us, which they did.

Question. Do you know whether the division and brigade commanders were present when the troops halted in the crater?

Answer. No, sir; I do not know of my own knowledge.

By the COURT:

Question. How many troops were there in those two lines which lay just along the enemy's rifle-pit?

Answer. The number from the crater to a short distance to my right was, I should judge, 600 or 700 possibly more. I could not say how many more there might be because of the nature of the ground, there being a descent in the ground beyond which I could not see.

Question. Did they at any time charge up the slope toward Cemetery Hill?

Answer. They did not my knowledge.

Question. When they rose up and went to the rear, in what ordered did they go?

Answer. In disorder.

Question. Were those troops again brought forward that day?

Answer. Not to my knowledge. Some of them were rallied in rear of the next line in the rear.

8 R R-VOL XL, PT I