Personally appeared before me ; Aide De Camp to Brigadier General, of the First Cohort, & made the following deposition.—

The order was given by the commanding officer for an attack for the purpose of a sham battle, the order was then communicated by the Commanding officer of the First Cohort so as to be perfectly understood by the officers in command; the attack was then made according to order; the order not being executed by the second regiment on the extreme left it was thrown into confusion; after being drawn into a line the order was again explained; which was that they were to advance by companies & wheel to the right & left by platoons when within forty or fifty feet of the infantry companies;— this was explained several times by ; the order not being executed we were thrown into confusion as before on the extreme left; when , , & , were in the act of giving the general command successively for a retreat, & left wheel, came riding up with a portion of the second regiment; giving contrary orders to that of the commanding them to follow him; which he repeated three times destinctly in my hearing at the same time flourishing his sword; after he had passed — repeated the order to retreat several times & then he commanded to stop while he was yet within forty or fifty feet of the . As Gen did not stop, then rode after him & hit him with the flat of his sword on his back in a back-handed manner. then asked him why he did not obey his orders; his reply was I did not hear, his face being from me;— then replied if he disobeyed his orders again he would cut him down & that he deserved to be cut down; then wheeled his horse; & again wheeled towards & said that if he disobeyed his orders again that he would have him punished severely.

The witness further states that he heard [p. [1]]