as they should see the colors of the Forty-fifth other regiments of the First Brigade of the Second Division were to charge forward. As soon as I had the regiment formed in line I received an order from General Griffin and other officers to charge to the left of the crater in order to create a diversion in favor of other regiments of the Second Brigade. The crater was filled with troops.

Question. What troops were they?

Answer. I knew them to be troops of the First and Second Divisions by seeing General S. G. Griffin and other officers, as well as men whom I had known before. They were very much mixed up and could not be got forward by their officers. Some officers attempted to rally them and some did not.

Question. Was there any firing at this time?

Answer. There was. The enemy's fire could not reach the men in the crater, but there was heavy firing at this time in front of the crater from field-pieces about those buildings. The enemy also had an enfilading fire of artillery from the fort, situated on our left, and from another battery on our left and at a deep cut in the railroad. I received so many orders from so many different commanders at that time that I did not know which to obey.

Question. Where was your division commander?

Answer. I do not know where he was. I did not see the division commander there at any time during the action. I understood that he was on the ground. He might have been there and in the confusion I not have seen him. Neither did I see our brigade commander. General Potter was our division commander and Colonel Bliss our brigade commander.

TESTIMONY OF SURGEON SMITH.

Surg. H. E. SMITH, Twenty-seventh Michigan Volunteers, Ninth Corps, behind duly sworn, says to questions by JUDGE-ADVOCATE:

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

Answer. I was in charge of the surgeons on the field of the Third Division, to see that the wounded were attended to and taken to the rear.

Question. Had you an opportunity on that occasion of observing any of the military movements?

Answer. Nothing more than seeing troops advance over our

breast-works. I was there when the colored troops were ordered to advance, and heard General Burnside's aide give repeated orders to General Ferrero to take this troops up and charge toward Petersburg. I think he gave the order three times. The third order General Burnside sent to General Ferrero was an imperative order to advance. To the previous orders General Ferrero would make the answer that the other troops were in his way and he could not possibly advance while they were there, and if they would be taken out of the way he would go ahead.

Question. General Ferrero was present?

Answer. Yes, sir.

Question. Any other generals?

Answer. General Ledlie was present. Those were the only generals I saw.

Question. Did General Ledlie make any reply that you heard when this order was given to General Ferrero?

Answer. I did not hear him make any reply or any statement on the subject of that order from General Burnside.

Question. What troops did you understand General Ferrero to allude to as being in the way?

Answer. I did not understand. I supposed they were those troops that had made the charge. The general was in front of a bomb-proof, which had been used as a regimental headquarters, and was situated about ten or twelve yards, as near as I could judge, in rear of the work. This bomb-proof was fronting to the rear.