Question. Do you know whether there were any pioneers with tools or engineer troops with fascines or gabions ready to come forward to crown the crest in the event of your getting up on Cemetery Hill?

Answer. I think I saw the Twenty-fifth [Thirty-fifth] Massachusetts (First Division), with shovels and spades; I cannot positively say but I think I saw them there somewhere.

By the COURT:

Question. To all appearance were the rebels awake and vigilant before and up to the line of the springing of the mine, or were they apparently asleep and unprepared?

Answer. They appeared to be awake. When I was on the first line - the line that General Willcox's division occupied - shots were continually fired by the enemy from the fort before the mine exploded; they came from the right or left, at least from the immediate vicinity of the fort.

Question. Are you certain they came from the enemy?

Answer. Yes, sir; I am positive of it.

Question. Where was the division commander during the assault?

Answer. He was in rear of the first line - the line occupied by General Willcox's troops. I carried orders to him and found him always in rear of the first line, sitting down behind the parapet.

Question. Do you know any reason why General Ledlie was not with his division in front?

Answer. No, sir.

TESTIMONY OF COLONEL MONROE.

Colonel J. A. MONROE, First Rhode Island Artillery, behind duly sworn, says to questions by JUDGE-ADVOCATE:

Question. Were you at the assault on the 30th of July, and in what capacity did you serve?

Answer. I was there as chief of artillery of the Ninth Army Corps.

Question. What preparations were made, such as making openings, for passing field artillery through our line of works when it should become necessary in the front?

Answer. No such preparations were made to my knowledge.

Question. What preparations were made for unmasking our artillery, such as cutting down the trees and obstructions there were in front?

Answer. No preparations had been made immediately before the explosion. Some had been weeks before. The trees in front of what is known as the "heavy work" were left standing until the morning of the 30th, directly after the explosion of the mine, when a few of the trees were cut down.

Question. Do you understand that some of the batteries were masked by those trees?

Answer. Were you aware that the Fifth Corps artillery was to find its way to the front through openings that were to be made in the Ninth Corps front?

Answer. No, sir.

Question. What have you to say about the fire of the enemy's artillery, as to its commencement and its formidableness on that day?