[CHAP. XXVIII.

Question. Did you report this information, and was any change made in the disposition of your brigade in consequence of it?

I can only state that from the information of others. I remarked to the aide-de-camp that he should go and inform the general of the fact, and that I could not consent to march my troops 2 miles to the rear and back again for nothing, as I supposed from the order it was known at headquarters that the rebel troops had retired. I retired my brigade some half mile to the rear, where I soon received orders to await further orders before I made any movement. I supposed that order to be the result of the information that I sent back by the aide-de-camp.

Question. Did you understand that these details with reference to the movement of the right corps were directed specially by myself or that they were under the direction of the corps commander, General Thomas?

I certainly supposed, sir, that all our orders came from---. I had no knowledge as a brigade commander that you specially directed our movements. My intention was to send information to General Thomas and General Crittenden. I knew-at least I heard-that you were not on that portion of the line by one of your own staff.

Colonel D. McCOOK, (a witness for the defense), being duly sworn by the judge-advocate, testified as follows:

By General BUELL:

Question. Colonel, will you state to the Commission, if you please, what you know of the operations in front of Perryville on the evening of the 7th and on the 8th? Confine yourself, if you please, to important incidents, so as not to occupy more time than is necessary for yourself and the Commission. Also please state you name and position in the service of the United States.

My name is Daniel McCook, colonel of the Fifty-second Ohio Volunteers Infantry, at that time commanding the Thirty-sixth Brigade and still commanding it, forming a part of the Tenth Division of the Third Army Corps of the Army of the Ohio. On the night of the 7th of October 1862, my brigade went into camp within about 4 miles of Perryville, on the Springfield pike. We encamped on the right of the road, three-quarters of a mile from it, in line of battle. The Eighty-fifth Illinois, one of the regiment composing my brigade, was detailed for picket at 2 o'clock that night. I had just got my troops into position when I received an order from Major J. M. Wright, one of General Buell's assistant adjutant-general, ordering Major-General Gilbert to throw forward one of his brigades and seize the ground in front of Doctor's Fork, which our corps was depending upon for water, and also to consult Captain Gay as to the position and conformation of the country. This order was properly referred to General Sheridan by General Gilbert, and General Sheridan ordered my brigade to execute the duty. I immediately got on my horse, wakened up my men as quietly as possible, left orders for them to file into the Springfield road and there await further commands, while I went to find Captain Gay. During my meanderings to find Captain Gay I stumbled into General Buell's camp, and asked the sentinel if he could tell me where Captain Gay was. General Buell, I suppose recognizing my voice, requested me to come in. I found Captain Gay, got the information desired from him, put my column in motion for the high ground, which I subsequently learned to be called Peters' Hill. On the advice of General Buell I had dispatched a staff officer to get a battery from General Sheridan. He sent me Captain Barnett's Illinois battery. As soon as I got to the outpost Colonel Greusel pointed to me the enemy's picket line, which was on the crest of Peters' Hill. I formed the Eighty-fifth Illinois on the right of the Springfield pike, the Fifty-second Ohio (my own regiment) on the left of the Springfield pike throwing forward well to the front and flanks two companies of each regiment as skirmishers. I formed the One hundred and twenty-fifth Illinois, another regiment composing my brigade, the right wing on the left side of the road and the left wing on the right side. My skirmishers had scarcely taken intervals, it being a bright moonlight night (between 3 and 4 o'clock in the morning), when the enemy opened upon me with a heavy musketry fire. My skirmishers advanced steadily up the hill on the left of the road, it being open ground; but being wood on the right of the road, the principal force of the enemy was concentrated there, and the Eighty-fifth Illinois made very slow progress. As soon as I discovered that their progress was so slow I ordered my skirmishers to change direction to the right, followed by the battalion, attack the rebels in flank, and drive them from the woods, thereby gaining the crest of Peters' Hill. In carrying this position I lost 6 men killed and 27 wounded. I