Murfreesborough on the 12th day of July, 1862, between the hours of 9 and 10 o'clock a. m.

2d. That he found the camp had been divided for three weeks previous and the forces separated.

3d. That he rode out on the morning of the 12th July, with Colonel Duffield, commanding the Twenty-third Brigade, and selected a camp, ant told Colonel Duffield to concentrate the whole force there at once.

4th. That he rode out and inspected the pickets with the field officer of the day, and not being satisfied with their strength and location, ordered Major Seibert, commanding the cavalry, to double his cavalry patrol on the roads leading to Lebanon and McMinnville.

5th. That the pickets on these roads were re-enforced, but were withdrawn at night without the knowledge of General Crittenden, as was the custom of the post by order.

6th. That he ordered morning reports to be made out and one-fifth of the entire effective force to be detailed as grand guards.

7th. That he examined the brigade order books, and ordered a plot of the town and its approaches to be made.

8th. That he consulted fully and freely with Colonels Lester and Duffield, did a large amount of executive business, and was constantly employed until 9 p. m. July 12.

9th. That he was informed, on what should have been good authority, that there was no force of the enemy nearer than Chattanooga, with the exception of small parties of guerrillas, and that there was no danger of an immediate attack.

10th. That the attack was made upon the Ninth Michigan Infantry and Seventh Pennsylvania Cavalry and the town at daylight on the morning of the 13th July.

11th. That the Seventh Pennsylvania Cavalry was immediately overpowered. That the Ninth Michigan Infantry was promptly formed and repeatedly repulsed the enemy. That about 8 o'clock a. m. they took a more sheltered position, which they held until 12 o'clock, when they surrendered; their commanding officer being wounded and having lost nearly one-half their number in killed and wounded.

12th. That one company of the Ninth Michigan Infantry, acting as provost guards, held the court-house in the town until 8 o'clock, when they surrendered after it was set on fire.

13th. That General Crittenden surrendered himself and staff at 8 o'clock, having endeavored to communicate with the troops but failed, owing to the stopping of his message by rebel guards.

14th. That the Third Minnesota Infantry and Hewett's battery of four guns, under command of Colonel Lester, being 1 1/4 miles from town and about the same distance from the Ninth Michigan Infantry and cavalry, immediately on hearing the attack on these places marched up the turnpike and took position in an open field, with woods in front, about 600 yards distant, where they remained until about 12 o'clock, cavalry occasionally appearing in their from in small parties, which were driven off with shot and shell from the battery, after which they fell back about one-half mile, near their camp, and remained there until they surrendered.

15th. That the estimated number of troops at the post was about 1,040; that of the enemy 2,600.

Upon which statement of facts the court give the following opinion:

"We therefore are of the opinion from the evidence that Brigadier General T. T. Crittenden did all that should be expected of a vigilant commander fronted time he took command until the surrender. We find