[CHAP. XLIII.

Question. Can you state what conversation took place between you and General Schurz?

Answer. I can state pretty nearly. General Schurz, I think, asked me a question of this kind: "Can I take my other two brigades? at which I expressed great surprise, saying that I had ordered him to go to the relief of Geary two hours before, and repeated the order.

By General SCHURZ:

Question. Did you have more than one conversation with General Schurz about 1 o'clock?

Answer. Oh, yes; I saw him two or three times before the troops got under way, and something passed between us, I think, each time.

By the COURT:

Question. How near were you to Tyndale's Hill at the time General Tyndale took it?

Answer. I think when it was communicated to me that he had taken it I was close by the Smith Hill.

Question. Were you near enough during its progress to distinguish the nature of the action that occurred there?

Answer. I knew nothing of it; I could not see it.

Question. Was the opposition made by the enemy, judging from the nature of the firing, great or small?

Answer. I think it was a feeble resistance. I should call it a slight skirmish.

Question. Do you know how long it continued?

Answer. While there was firing; I do not know how long. From the time the fire was thrown from the hill on the troops marching to the relief of Geary up to the time that I heard of the taking of the hill, the firing was desultory.

Question. What kind of a night was it?

Answer. I would not call it a bright night or a dark night; it was a medium night. I could tell whether troops were marching in column or by the flank at a distance of 60 yards.

Court adjourned to meet on Tuesday, the 9th instant, at 10 a.m.

HEADQUARTERS ELEVENTH CORPS,
February 9, 1864-10 a.m.

The Court met pursuant to adjournment.

Present: Colonel A. Buschbeck, Twenty-seventh Pennsylvania, commanding Second Division, Eleventh Army Corps; Colonel James Wood, jr., One hundred and thirty-sixth New York, commanding Second Brigade, Second Division, Eleventh Army Corps; Colonel P. H. Jones, One hundred and fifty-fourth New York, commanding First Brigade, Second Division, Eleventh Army Corps; Captain W. H. Lambert, Thirty-third New Jersey Volunteers, recorder.

Proceedings of previous session read.

Major General DANIEL BUTTERFIELD, a witness for the prosecution, was duly sworn.

By the RECORDER:

Question. Were you with General Hooker on the morning of the 29th of October?

Answer. I was.