It appears that at the Battle of Antietam, the 35th New York was in Patrick’s 3rd Brigade of Doubleday’s Division, in Hooker’s First Corps. They fought in the vicinity of the West Woods early in the morning - near the far left flank of the Confederate army. The 9th Alabama, in Wilcox’s brigade under the command of Colonel Alfred Cumming (Wilcox was absent sick) arrived on the battlefield later in the morning, and subsequently fought near the far right flank of the Sunken Road / Bloody Lane (the far right flank of the Confederate army) and in the vicinity of the Piper Farm. They opposed Richardson’s Division in Sumner’s Second Corps. The two regiments (35th NY and 9th Alabama) were about as far from each other on this battlefield as they could be. In my opinion, it is highly doubtful that the 35th New York would have captured the colors of the 9th Alabama at Antietam.