FEBRUARY 15, 1864.
The Court met pursuant to adjournment.
Present, Major-Generals Hunter and Cadwalader, Brigadier-General Wadsworth,and Colonel Schriver, recorder, and Major-General McCook.
The proceedings of the thirteenth day were read and approved.
Brig. General J. C. DAVIS, U. S. Volunteer, being duly sworn, says to questions
By General McCOOK:
Question. Were you in the battle of Chickamauga? In what capacity, and of what rank?
Answer. I was, as division commander and brigadier-general of volunteers, in General McCook's corps.
Question. By whom was your position assigned you at early dawn on the morning of 20th September? Were there natural or artificial defenses?
Answer. My position was assigned by Major-General McCook, commanding the corps. There were natural defenses; no artificial ones.
Question. Was your position seen by General Rosecrans, and was it remarked on by him? If so, what did he say?
Answer. It was frequently seen by his riding along it. He made no remarks whatever concerning it. My right immediately in rear of his headquarters, where he had them from 12 o'clock on the 19th. The position commanded the Dry Valley road, being on a wooded ridge running parallel with the Dry Valley road, my line being from 100 to 150 yards in rear of the road formed on the summit of the hill. I considered myself in reserve, General Lytle's brigade, of Sheridan's division, being immediately in front of me.
Question. After you were removed from this position, how were your ordered to close your line, and by whom?
Answer. I was ordered to move to the left and close on Crittenden's right. In the morning, when we were put in position, General Wood's division formed General Crittenden's right, as I understood from conversation held with General Wood that morning. I immediately commenced moving by my left flank, and on reaching the position where I supposed General Wood's right rested, I found the troops on my left moving to the front. Upon inquiry I ascertained it was the right of General Van Cleve's division. My instructions being to close on Crittenden's right, I conformed to General Van Cleve's movements and took position on a ridge in an open field south, or to the front of the Dry Valley road. My troops got into position very quickly. General Van Cleve's troops were delayed on account of defiles. While General Van Cleve's troops were getting into position, I sent my adjutant-general, Captain Morrison, to either General Rosecrans or McCook to see if we were in the right position, and, if, not, to ascertain where it should be. He returned immediately with an order from General Rosecrans to move to the front and form on General Wood's division, which was then in the woods in our front. The order came direct from General Rosecrans, who was only 150 yards from me, and I could see him.
Question. Had General McCook's troops been allowed to remain where he posted them in the morning, could we not have fought with success on Sunday, and why do you think so?
Answer. I have no doubt about my ability to have held my position against any force that could assault it. I think so because of the natural strength of the position, and of the reliability of the troops I commanded; and i will add that the troops on other parts of the field on the same ridge and similarly wooded, did hold theirs. I moved to the front in compliance with General Rosecrans' order, crossed