Q. He was not with his command?
A. Was not standing in rank at the time.
Q. How far away from his command?
A. About a rod from where the command was at the time. There was one or two companies on the hill in the same line with the others, and then two or more—three rods down, in front, near the hospital grounds. Had he been down with his command he would not have been shot—the shooting was higher.
Q. Was he back of his command?
A. As I say, his command was, at the time—some of the companies were—down near the railroad tracks, and there was a couple of companies up to the right of our regiment, three rods back of them on the hill, and it was between two—he was just between the two.
Q. Was he immediately behind any particular company, close——
A. He was some little distance to the right.
Q. Was he a non-commissioned officer, do you know?
A. No, sir; he was a private.