Eighth. Such being the case, was he justified in so departing by the exigencies of the situation?
Ninth. Were the consequences of such a departure serious?
Tenth. Did Custer receive verbal orders from Terry at the last moment?
Eleventh. If so, when?
Twelfth. Did these verbal orders supersede the written orders?
In closing, I repeat that I should be glad to be convinced that I have erred in my conclusions; and that if any one can convince me that Custer did not disobey, or that in doing so he was justified in his disobedience, I shall make the fullest public amends for my expression of opinion that he did and that he was not.[[135]] If this Appendix shall cause any light to be thrown on the affidavit so often referred to, it will serve an excellent purpose; for, I say again, I shall consider the establishment of that affidavit as settling the question.
The subject is now left with the student. Perhaps I cannot more fitly close the discussion than by this quotation from the confidential report of General Terry by General Sheridan, dated July 2, 1875:
“I do not tell you this to cast any reflection on Custer, for whatever errors he may have committed he has paid the penalty, and you cannot regret his loss more than I do; but I felt that our plan must have been successful had it been carried out, and I desire you to know the facts.”
[112]. All notes in this appendix are signed by the initials of their writers to identify them.—C. T. B.