Norman M. Smith re-called:
By Mr. Lindsey:
Q. You may state the facts in relation to the conversation that occurred between General Brinton and Colonel Norris, or what you know in relation to it?
A. Mr. Chairman, the only evidence I can give is corroborative. I met Colonel Norris immediately after his return from his trip to General Brinton's command. Met him in front of the Union Depot Hotel, immediately after he got out of his carriage, I think. He stated to me that he had carried the orders to General Brinton. That Colonel Norris has already said to you, that he carried, and also said that General Brinton had refused to obey them, and return to Pittsburgh.
Q. What time was it you met him?
A. Well, it is pretty hard for me to give the hour exactly. I had been up for three or four days and nights. I think, though, it was between nine and ten o'clock. I will not be positive about that. It might have been earlier, and it might have been later. I think, though, between nine and ten o'clock in the morning.
Q. Did he state exactly where he found him?
A. He said he had followed him beyond Sharpsburg, and dismounted from his carriage, and had marched on foot with him for some distance. Had communicated the order that he has stated. Had conversed with him for some time, and that General Brinton had refused to return to Pittsburgh.
Q. Did he say anything about his refusal to join Colonel Guthrie?
A. While I said return to Pittsburgh I meant to join Colonel Guthrie—that was implied. That after they joined, that is, it was in our minds, after they had united their commands, that they were to return to Pittsburgh; but when I said refused to return to Pittsburgh, I meant refused to join Colonel Guthrie, or rather to execute the order that Colonel Norris had to carry.