War of the Rebellion: Serial 050 Page 0992 KY.,SW.VA.,TENN.,MISS.,N.ALA., AND N.GA. Chapter XLII.

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ering the circumstances. I believe it to have been impossible for any one to pass from the position General Crittenden occupied near the batteries to our lines in the front.

Question. State what you know of the order to General Van Cleve to attack the enemy on Sunday morning?

Answer. General Rosecrans, in General Crittenden's presence, ordered me to ride rapidly to General Van Cleve, and tell him to form his command in double column, move toward the front in the direction of a certain tree pointed out to me, pass to the first interval he could find near there, but not deploy until near the enemy, and then to do it with great rapidity. General Crittenden repeated the order to me. i gave it to General Van Cleve, rode back and reported to Generals Crittenden and Rosecrans. Shortly after the brigade started I joined General Crittenden, and found him near General Van Cleve's new position.

Lieutenant H. C. CUSHING, Fourth U. S. Artillery, duly sworn, says to questions


Question. Were you with your battery on the 20th September, when the disaster occurred on our right and center; how long did the batteries remain in this position holding back the enemy, and what were the casualties in these batteries?

Answer. Yes; the batteries remained there not quite three-quarters of an hour, and the loss in my own battery was 8 horses killed and wounded; 1 man killed and 4 wounded; that is all I can remember. There my have been more. I do not know the losses in the other batteries, but I know they were quite heavy. Captain Stevens, of the Pennsylvania battery, was killed,and 1 or 2 officers were wounded.

The Court adjourned to meet at 10 o'clock on 16th instant in the council room on corner of Jefferson and Sixth streets.


FEBRUARY 16, 1864.

The Court met pursuant to adjournment.

Present, Major-Generals Hunter and Cadwalader, Brigadier-General Wadsworth, and Colonel Schriver, recorder, and Major-General Crittenden.

The proceeding of the fourteenth day were and approved.

On the application of General Crittenden, the following testimony of Captain R. S. Thomas, aide-de-camp to General Rosecrans, given in General Negley's case on the sixth day, to avoid recalling the witness, who is at a distant station, was ordered to be inserted in General Crittenden's record:

"Question. Did or did you not convey an order from General Rosecrans early on the morning of the 20th for General Wood to relieve General Negley?

"Answer. Yes; I was directed by General Rosecrans to order General Crittenden to relieve General Negley by Wood's division. I found General Wood's division marching into the position which General Negley's reserve brigade had occupied. General Wood was not which them when I first arrived at the division. I told Colonel Harker, who commanded a brigade, that the division was to relieve Negley's, and asked him where Crittenden or Wood was. He told me the direction Wood was. I went to him, and gave him the order, and told him I would tell General Crittenden what I had done. The next time I was sent to Wood directly, to tell him to relieve General Negley at once. He said he did not know the exact position of Negley's troops. I pointed out Major Lowrie,and told him he was an officer of General Negley's staff, who could show him where they were. I told him I had just passed Captain Johnson on the hill, another staff officer of General Negley's, who could also point out the position of Negley. He sent an aide after each officer."

The Court adjourned to meet at 10 o'clock on the 17th February.