If General Terry spoke such words to General Custer the last thing before Custer’s departure, those remarks have a very important, almost a decisive, bearing on the matter at issue. The only question then existing would be, how far the verbal order ought to be considered as superseding the written one. _It is my opinion that the charge that Custer disobeyed orders would fall to the ground if the truth of the alleged remarks could be established._ By giving him this verbal order, Terry would make Custer an absolutely free agent. The vital importance of establishing this affidavit is therefore obvious. I call attention to the fact that Terry nowhere refers to this conversation, which it would be incumbent upon a gentleman to declare immediately Custer was charged with disobeying Terry’s written order, and that Terry, in that portion of his report which is quoted by me on page 225, virtually not only fails to exculpate but actually charges that Custer did disobey his order, by saying he did the very thing that he was not expected to do. To establish this affidavit, I wrote to President Andrews, asking his authority for stating that such an affidavit existed and requesting a copy of it. Here is his reply. I insert it without comment. The University of Nebraska, Chancellor’s Office, Lincoln, November 22d, ’03. My Dear Sir: Replying to your esteemed favor of the eleventh inst. I regret to say that I have no means of recalling with certainty the source of my information touching the Custer affidavit. My impression is, however, that my informant was Gen. Miles, with whom I communicated on the subject while I was writing my account. I also conversed personally with Hughes and with a very intimate friend, now deceased, of Gen. Terry’s. I shall be extremely pleased to read your views upon this subject. Very truly yours, E. BENJ. ANDREWS. I also wrote to General Miles and received the following reply from him: 1736 N Street, N. W., Washington, D. C., November 20, 1903. My Dear Sir: