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 his positive, orders through one of his own staff officers, to occupy the hill near the railroad gap with one Brigade, and that the only Brigade with me thus being disposed of, I had no troops to push through to Geary. He observed, that he himself had given me the order to push through to Geary two hours ago and ordered me to do so now. I asked whether I might now have the Brigades which had been kept back, and upon his reply, that I might take them, I marched off. This is the substance of the conversation according to the evidence. One of the witnesses, who reports it, gives it also as his impression, that Gen. Hooker, from what he said, seemed to disown the order delivered to me by Lieut. Oliver. Taking this as absolutely correct, we would be forced to one of two conclusions—either Gen. Hooker had not given the order—but that is impossible, as he afterwards so repeatedly and emphatically declared that he did give it—or General Hooker had led me into a snare by first giving me an order and then disowning it, a supposition as unreasonable as it would be unworthy. Lieutenant Oliver, who also listened to the conversation, gives it as his impression, that General Hooker supposed I had another Brigade with me, aside of Tyndale’s. According to him, therefore General Hooker must have thought, that in some manner some of my troops must be possessed of ubiquity. But Lieutenant Oliver well knew this supposition to be erroneous. According to his own testimony, I had informed him at the foot of the Tyndale Hill, that my other Brigades were held back, and that if I occupied the hill with one Brigade, I could not reinforce Geary, as I had nothing in hand to do it with. But he testifies also, that when reporting to General Hooker the taking of Tyndale’s Hill, he said nothing to him of my having only that one Brigade in hand. I had been careful to give him all the information that was important. There my duty ended and his commenced. That he did not communicate the whole of that information to his chief, is a thing which I have not to answer for; my responsibility does not extend to General Hooker’s Staff.

But aside of all this, how it was possible for General Hooker to suppose, that I had more than one Brigade with me when taking the Tyndale Hill, you will find difficult to explain, when you hear and consider what meanwhile had happened. Still, as the question, whether I or somebody else bears the responsibility for the staying behind of the balance of my command, seems to be the point upon which this whole matter hinges. I shall return to it in order to discuss it more fully, after having sufficiently elucidated the rest of my movements.

The testimony shows that as soon as I resumed command of my 2d and 3d Brigades, I marched forward. In passing I had the gap between