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mony of a witness so conscientious, can be taken at a valuation rather above than below that which he himself puts upon it. He states that he found Col. Hecker marching, and admits it as not only possible but probable that he told Col. Hecker to stop at the cross-roads. He tells us, that, before he did so, he had been with Gen. Hooker and staff, informing them of Col. Hecker’s arrival, and that he heard Gen. Hooker or Gen. Butterfield say that the troops might be halted at the cross-roads. We further gives it as his impression, that he heard Gen. Hooker or Gen. Butterfield instruct Col. Hecker to form his brigade so as to be able to make front towards the valley as well as towards the hills. The corroborative testimony of three other witnesses, Col. Hecker, Capt. Greenhut and Lieut. Kramer, establishes this point as absolute certainty.
The testimony of Col. Hecker himself is so clear, distinct and positive, that nobody, who knows the man, will breathe a doubt against it. That of Capt. Greenhut and Lieut. Kramer, concurs with it in almost every particular. All these testify that Col. Hecker was halted by Maj. Howard, and that Gen. Hooker was informed by the Colonel of the presence of my 2d brigade; all three testify to the instructions given by the General to Col. Hecker, and all three testify to the words pronounced by Gen. Hooker when he rode away: “You stay here.” This would seem sufficient to account for the 3d brigade. Col. Hecker’s case is as clear as sunlight. He acted under my orders when be marched towards Wauhatchie; he acted under Gen. Hooker's orders when he stayed at the cross-roads.
As to the 2d brigade, it is to be regretted that its commander, as well as its staff officers without exception, are absent with the furloughed veteran regiments. I am therefore unable to produce them personally as witnesses. But if circumstantial evidence can prove anything, it proves in this case, that an agency similar to that which stopped the 3d brigade on its march towards Wauhatchie, stopped the 2d also.
Recall to your minds the following facts established by the testimony before you. The 2d and 3d Brigades are pressing forward om their march towards Wauhatchie; the 2d Brigade suddenly stops, and upon inquiry Captain Greenhut is informed by a member of the 2d Brigade staff that the 2d Brigade has received orders to halt there. The 3d Brigade still presses forward, but has hardly passed by the 2d when it is halted also. It forms in line of battle fronting towards the bills, and General Hooker instructs its commander to form his troops in such a manner as to be able to change front towards the valley. The 2d Brigade is pointed out to General Hooker; he rides towards it and halts there, and immediately afterwards it is noticed that the 2d Brigade is formed front towards the valley. General Hooker remains in front of the 2d Brigade a considerable
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