Sigel to our left to Nathaniel P. Banks, April 1, 1862

Maj. Gen. N. P. BANKS, Oommanding Fifth Corps:

GENERAL: The change in affairs in the valley of the Shenandoah has rendered necessary a corresponding departure—temporarily at least— from the plan we some days sinceagreed upon. In my arrangements I assume that you have with you a force amply sufficient to drive Jackson before you, provided he is not re-enforced largely. I also assume that you may find it impossible to detach anything toward Manassas for some days, probably not until the operations of the main army have drawn all the rebel force toward Richmond.

You are aware that General Sumner has for some days been at Warrenton Junction, with two divisions of infantry, six batteries, and two regiments of cavalry, and that a reconnaissance to the Rappahannock. forced the enemy to destroy the railway bridge at Rappahannock Station, on the Orange and Alexandria Railroad. Since that time our cavalry have found nothing on this side of the Rappahannock in that direction, and it seems clear that we have no reason to fear any return of the rebels in that quarter. Their movements near Fredericksburg also indicate a final abandonment of that neighborhood. I doubt, whether Johnston will now re-enforce Jackson with a view to offensive operations; the time has probably passed when he could have gained anything by doing so. I have ordered in one of Sumner’s divisions (that of Richardson, late Sumner’s) to Alexandria for embarkation. Blenker’s has been detached from the Army of the Potomac and ordered to report to General Frémont.

Abercrombie is probably at Warrenton Junction to-day; Geary at White Plains. te

Two regiments of cavalry have been ordered out and are now on the way to relieve the two regiments of Sumner.

Four thousand infantry and one battery leave Washington at once for Manassas ; some 3,000 more will move in one or two days, and soon after some 3,000 additional.

I will order Blenker to march on Strasburg and to report to you for temporary duty, so that, should you find a large forcein your front, you can avail yourself of his aid. As soon as possible please direct him on Winchester, thence to report to the Adjutant-General of the Army for orders, but keep him until you are sure what you have in front.

In regard to your own movements, the most important thing at present is to throw Jackson well back and then to assume such a position as to enable you to prevent his return. As soon as the railway communications are re-established it will be probably important and advisable to move on Staunton, but this would require secure communications and a force of from 25,000 to 30,000 for active operations. It should also be nearly coincident with my own move on Richmond; at all events not so long before it as to enable the rebels to concentrate on you and then return on me. I fear that you cannot be ready in time, although it may come in very well, with a force less than that I have mentioned, after the main battle near Richmond. When General Sumner leaves Warrenton Junction General Abercrombie will be placed in immediate command of Manassas and Warrenton Junction under your general orders. Please inform me frequently by telegraph and otherwise as to the state of things in your front.

I am, very truly; yours, GEO. B. McOLELLAN, Major-General, Commanding.

P. S.—From what I have just learned it would seem that the two regiments of cavalry intended for Warrenton Junction have gone to Harper’s Ferry. Of the four additional regiments placed under your orders, two should, as promptly as possible, move by the shortest route on Warrenton Junction. . an .

I am, sir, very respec our obedient servan feed nenl 7 GEO. B. MOOLELLAN, Major-General, Commanding.

Oiiry oF NEw YORK, January 3, 1803.

8. WILLIAMS, Assistant Adjutant-General.

A true copy.

CovurtT-Room, Coz. FOURTEENTH AND P. A. AVENUE, Washington, D. C., January 19, 1863.

Question by General MCDOWELL. Were you with General McDowell on the 29th of August last, on the occasion of his march from near

Bethlehem Church, with King’s and Ricketts’ divisions, up the Sudley

Springs road to the battle-field ?

Answer I was.

Question by General McDowELL. On that march were you sent forward by General McDowell to the head of the column with orders to the division commander of King’s division ?

Answer. I was. Question by General MCDOWELL. What were those orders ? Answer. That King’s division should form on the left of General Reynolds’ division.

Question by General MODOWELL. Did you see General McDowell himself take measures to cause that division to move forward and form on the left of Reynolds ?

Question by the CouRT. What were the measures taken by General McDowell ?

Answer. Going to the head of General King’s division, directing the chief of artillery to bring up the batteries and move them forward rapidly, sending orders by his aides to the different commanders of King’s division to bring up their troops quickly, and, I think, himself going to the front and directing the disposition of Captain Monroe’s battery.

Question by the Court. State as nearly as you can, the time of day.

Answer. I am very doubtful as to the time, but should say it was between 4 and 5 o’clock that these measures were commenced, but later when completed.

Question by the CouRT. What was done on the day of the 29th, prior to the beginning of the movement described by you, viz, at 4 p. m.?

Answer. About noon of the 29th—it may have been earlier—General McDowell and staff left Manassas Junction and went forward to where General King’s division halted in the morning, gave the necessary directions as to the order in which the troops should march, went forward with the troops, and was occupied in moving forward, as before stated, until afterdark. What General McDowell did preceding noon I have no knowledge.

Question by the CouRT. Why did he not move earlier than at noon ?

Answer. I am not able to say further than it may have been earlier than noon, asI have before stated.

Question by the CournT. Where was General Reynolds ? Answer. I do not know definitely ; I was not with him during that day.

Question by the CouRT. Why did General McDowell go by Sudley Springs road instead of back by the way the divisions of King and Ricketts came ?

Answer. In order more rapidly to get his troops forward and into action, General Porter being in his (General McDowell’s) front.

Question by the Court. How did it happen that General Porter got in General McDowell’s front ?

Answer. I have no knowledge whatever.

Question by the CouRT. Were the movements that day, which were ordered or superintended by General McDowell, made with the rapidity pic lati such circumstances, the exigency of the case would seem to demand

Answer. General McDowell was himself very active and energetic, making every effort to get the troops forward; whether his orders were as promptly and actively executed as they should have been by all the different commanders I am unable to say, not being in a position where I could see but a portion of the command. ‘The movement from the position where the troops started, near Manassas Junction, until they reached the vicinity of the battle-field, was the ordinary rate of march. T should say the distance was about 5 or 6 miles.

Question by the Court. At what time during the night of the 28th did King’s division start for the point it reached during the night and at what time did it halt ?

Answer. I think the moving commenced between 11 and 120’clock. We halted some time after daylight in the morning. Iam uncertain about the time; i. was after

sunrise, and may have been 8o0’clock. I think the portion of the column that we were with—about the middle of the column—halted at about 8 o’clock.

Question by General MCDOWELL. Can you state if General McDowell was active on the 29th of August in getting his troops on the road to Gainesville, as ordered by General Pope? About what hour was it when the troops got on the way ?

Answer. I answer, yes. I think they moved between8 and 9 o’clock in the morning,

Question by General MCDOWELL. Did General McDowell, after his troops had gotten on the march and had come to a halt, go forward personally to the head of General Porter’s column ?

Answer. Yes. Question by General MCDOWELL. Was he not engaged in consultation with General Porter at the head of the column? Was he not also occupied with General Porter in making a reconnaissance of the front?

Question by General MCDOWELL. When he left General Porter did he go rapidly back to the head of his own column? If so, state how rapidly.

Answer. I became separated from General McDowell a moment, and on inquiring where he went was told by an orderly that he had gone in a certain direction, pointing it out. He went so fast that he was out of my sight, and I therefore was unwilling and unable to follow him in the direction be went, not being acquainted in the direction of the route. I therefore retraced my steps (my mode of coming to Porter’s headquarters), and thence by the road went back to the head of our column, where I found General McDowell, and where I learned he had gone across the fields by a short cut.

Question by General MCDOWELL. When he reached the head of his own column do you know if he took immediate measures to turn it off on the Sudley Springs road ?

Answer. I think I saw the troops moving on that road when I got there.

Question by the CourT. What time did General McDowell turn his column on the Sudley Springs road ?

Answer. It was some time in the afternoon, but I cannot tell when. I made no note of it.

Question by the CourRT. How far had his column been moved by his orders during the preceding portion of the day ?

Answer. I think it must have been 4 to 5 miles; probably more than that. The distance from Manassas to where he halted was probably 3 miles.

Question by the CourT. At what time did General McDowell part with General Porter?

Question by the CourRT. Early in the morning of the 29th at what time did General McDowell reach Reynolds’ division, and how far was jt from the place where he bivouacked near Sigel’s corps?

Answer. He reached it very early in the morning. I can’t tell the hour nor can I now tell the distance.

Question by the CouRT. Where did General McDowell learn that King had retired during the night?

Answer. It was at Reynolds’ headquarters, I think, but I can’t remember when.

Question by the Court. How long did he remain with Reynolds’ division after arriving there?

Answer. I cannot state the time. We took breakfast there.

Question by the CouRT. On arriving at Reynolds’ divis..m, did General McDowell dispatch any aide-de-camp or other officer or messenger to halt King’s column or to intercept Ricketts’ division and halt it?

Answer. Not to my knowledge.

Question by the CouRT. By what route did General McDowell return to Manassas ?

Answer. I cannot remember. I remember that we went to the Weir house first, but the route I cannot tell. I do not know that we did not return by way of Bethlehem Church.

General McDowell informed the court that Major Willard, aide-decamp, can give evidence on the matter under present consideration.

Question by the Court. Do you know how it happened that in returning McDowell’s corps followed instead of leading Porter’s ?

Answer. No, I do not know, unless it wasso ordered. I do not know whether it was so ordered or not.

Question by General MCDOWELL. Witness states General McDowell remained at Reynolds’ quarters to take breakfast. Can witness state if General McDowell had eaten a meal since the 27th ?

Answer. No, I can’t say, but have reason to believe that he had not.

Question by General MCDOWELL. Does the witness recollect if, on coming to Manassas, General McDowell did not meet General Porter before he found his own division, and if Porter’s division did not get their orders before General McDowell’s division got theirs ?

Answer. I can’t remember that.

Question by General MCDOWELL. Does the witness recollect if General Porter, when General McDowell met him, had not already received

enlomiet from General Pope to move his corps on the road to Gainesville

Answer. I do not. Question by General MCDOWELL. Can the witness state if the country

between the Warrenton pike, Bull Run, the Sudley Springs road, and

the Manassas Railroad does not contain many of the old hutted camps or winter quarters of the enemy ? Answer. Yes.

Question by General McDoWELL. Does the witness recollect if there are not many cross-roads leading to and from these various camps? Answer. Yes.

Question by General McDoWELL. Does witness recollect if it was not some time after the troops of Porter and King were on the march before Ricketts’ division could be brought into the road ?

Answer. I have no recollection of it.

Question by General McDowELL. Lay before the court the communications which passed between General McDowell and General Pope on the 26th and 27th of August.

The communications referred to in the foregoing question were real by the recorder and are appended to the proccedings of this day.* * ae court adjourned to meet to-morrow, January 20, 1863, at 11 clock a, m.

CouRT-Room, Cor. FOURTEENTH AND P. A. AVENUE, Washington, D. 0., January 20, 1863.

duly sworn. Question by the CouRT. What is your rank in the Army ?

Answer. I am a major of artillery in the Army of the United States and a brigadiergeneral of volunteers.

Question by the CouRT. Were you on duty in March and April last? If so, where and in what capacity ?

Answer. I was on duty in March and April of last year as chief of artillery of the Army of the Potomac, commanded by Major-General McClellan.

Question by the CouRT. State if you made any report at that time to Major-General McOlellan respecting the force of artillery to be left in and about Washington for the defense of the capital.

Answer. I did not at that time. I did previously to that time, in connection with General Barnard, the chief engineer of the Army of the Potomac. We made a joint report of the number of troops. I think this was in February. This report was a long one, and one showing the force necessary to garrison the defenses fully and partially. I have no copy of the report. It was an official report, and I suppose is on file. The report stated in detail the amount and strength of the artillery and the number of infantry necessary to be stationed at the forts.

Question by the CouRT. State fully and particularly what was the artillery force left by Major-General McClellan for the defense of Washington.

Answer. With regard to the field batteries I can state that seven were left in a camp about three-quarters of a mile east of the Capitol, in the city of Washington. These batteries number, I think, thirty-two guns. At that time the returns of troops in the forts were made to General Doubleday, who had relieved me, and I therefore cannot answer respecting the garrison of the forts. Of the seven batteries, three were fully equipped and fit for service. Three others were fully equipped, with the exception of horses, of which they had an insufficient number. The remaining battery, the Sixteenth New York Battery, had reported but a few days previous, and had no equipments at all. There was at the time an abundance of material at the Washington Arsenal to have immediately equipped this battery. The three batteries without horses could have immediately been furnished with them. There was no design nor intention to withdraw any of these batteries for the Army of the Potomac, and they were not withdrawn.

Question by the CouRT. Were those field batteries fully and efficiently manned? Were the artillerists composed of the new levies? Did any portion of the force consist of the regular artillery ?

Answer. The field batteries were as fully and efficiently manned as the majority of batteries in the Army of the Potomac. With the exception of the Sixteenth New York Battery they had all been under instruction for about two months. Oneof them, the Ninth New York Battery, had been under instruction for about six months. They were all volunteer batteries.

*These communications, being duplicated in McDowell’s report of campaign from August 16 to September 2, are omitted from appendix.

Question by the CouRT. Why were the three batteries with insufiicient supply of horses not supplied before the departure of the army, and why was not the Sixteenth New York Battery supplied with equipments ?

Answer. Those batteries had once been supplied with horses, but at the last hour a division was made up for General Casey, and I was called upon to furnish it with the requisite field batteries. As there was no time then to instruct new horses, or to select others from the quartermaster’s yards, I directed the deficiency of horses in the batteries assigned to Casey’s division (that deficiency amounting to about 100 horses) to be made good by the batteries which were to be left in Washington, knowing that in a few hours they could get new horses, and would have an abundance of time and opportunity to instruct them. That answers the first part of the question. I have stated that the Sixteenth New York Battery had only reported a few days before. It had also been directed, in special orders from the War Department, to report to General Wadsworth, and I had no further control over it.

Question by the Court. In describing the field batteries left by you, do you speak from actual personal inspection of them at or near the time when the army went to the Peninsula; and, if so, when did you make such inspection ?

Answer. I speak from an actual inspection made by me about the middle of March, and also from an official return made to me by the commanding officer of the camp where these batteries were—about the 3d of April. This return was sent to me while

I was on the Peninsula, the commanding officer thinking he was still under my command, which was not the case.

Question by General MCDOWELL. Can the witness state the names of the seven field batteries left for the defense of Washington, giving the names of those fully equipped and the names of those partially equipped ?

Answer. Battery C, First New York Artillery, Captain Barnes; Battery K, First New York Artillery, Captain Crounse; Battery L, Second New York Artillery, Captain Robinson; Battery A, Second Battalion New York Artillery, Captain Hogan; Battery B, Second Battalion New York Artillery, Captain McMahon ; Ninth New York Battery, Captain Morozowicz; Sixteenth New York Battery, Captain Locke. To the best of my recollection the three that were fully equipped were the batteries of Captains

Robinson, Hogan, and McMahon, and those partially equipped Captains Barnes, Crounse, and Morozowicz.

Question by General MCDOWELL. You have stated you received a return on the 3d of April from the commander of the field artillery; did you not infer from this that he at that time still considered himself as belonging to the Army of the Potomac ?

Gee Yes, I so inferred ; but understood it was a mistake of his, and so notified 1m.

Question by General MCDOWELL. Do you know if General Wads- . worth knew of there being no design to withdraw these batteries ? Did he know they had been detached from the Army of the Potomac at or immediately after the time of General McClellan’s embarkation at Alexandria ?

Answer. No, I don’t know it; but I have the best reasons for believing he so understood it, for the reason that General Wadsworth had disméunted one of the batteries and sent it down to garrison Fort Washington. I learned thismuch from the captain of the battery, who complained of it.

Question by General MCDOWELL. When was the battery sent to Fort Washington ?

Answer. I don’t know, but I understood from the captain about eight or ten days after the army left—perhaps two weeks. Question by General MCDOWELL. Will witness state if this is the

only reason he has for believing General Wadsworth knew these batteries were to remain behind ?

Cuar, XXIV.) GENERAL REPORTS.

Answer. Yes; the only reason.

Question by General MCDOWELL. Can witness state when te Sixteenth New York Battery was ordered to report to General Wadsworth, with refexence to the embarkation of General McClellan at Alexandria ?

_ Answer. I cannot, exactly. I know that the battery had only arrived a very short time previous to the departure of the Army of the Potomac, and I believe the order

directing the battery to report to General Wadsworth was dated only a very few days previous to the departure of the Army of the Potomac.

Question by the Court. State your present rank in the Army. Answer. Major-general of volunteers and colonel Fifteenth U. S. Infantry.

Question by the CouRT. What command did you hold in the Army of Virginia while the latter was under command of General Pope, in August, 1862 ?

Answer. I was in command of the present Fifth Corps of the Army of the Potomac at that time composed of a division of volunteers, a division of regulars, and a small brigade of volunteers, which was at times temporarily detached.

Question by the Court. Did you see General McDowell on the 28th or 29th August, 1862?

Answer. I saw General McDowell twice on the morning of the 29th; once at Manassas Junction, again about 3 miles from Manassas Junction, on the road to Gainesville. Question by the CouRT. State at what time on that day you saw

General McDowell.

Answer. The first time at Manassas Junction, about 9 o’clock; the second time, I presume, between 11 and 12.

Question by the CouRT. State where was General McDowell’s corps at those times.

Answer. General King’s division had been assigned to my command when J was at Manassas Junction by General Pope. Ricketts’ division, I was informed by General McDowell, was in the vicinity of Manassas Junction, and I think was near Bristoe. Reynolds’ division was in the vicinity of Groveton, on the turnpike. (Reynoids’ division had belonged to me at one time, but was then claimed by General McDowell.) The second time I met General McDowell King’s division was immediately in rear ot my corps, and on the road going from Muuussas Junction to Gainesville.

Question by the CouRT. Had General McDowell any cominand over you prior to the 29th of August ?

Question by the Court. What order did General McDowell give or what authority did he exercise over you, and in virtue of whose order? State fully and particularly.

Answer. General McDowell exercised authority over me in obedience to an orders of General Pope, addressed jointly to General McDowell and me, «nd which I presn we is in possession of the court. I have no copy of it. Our comminds being united, be necessarily came into the command under the Articles of War.

The witness here stated, in substance, to the court that the question leads to many things pertaining to the recent court in his case, the decision of which has not yet been announced. The question requires a statement of what transpired, and he felt at this time some delicacy in answering, both so far as General McDowell and himself are concerned. I would have to state the orders under which I was moving in that direction.

16 R R—VOL XII The court decided that the question was a proper one. The witness continued :

That joint order refers to a previous order given to me, of which this is a copy.

The witness produced a copy of an order from Major-General Pope, dated Headquarters Army of Virginia, Centreville, August 29, 1862, which was read by the recorder, and is appended to the proceedings of this day and marked A.

The witness continued :

Under that order King’s division constituted part of my command. I was moving toward Gainesville when I received the joint order, and was joined by General McDowell, who had also received a copy of the joint order. I had at that time received notice of the enemy being in front, and had captured 2 prisoners. My command was then forming in line preparatory to moving and advancing toward Gainesville. General McDowell, on arriving, showed me the joint order, a copy of which I acknowledged Dae in my possession. An expression of opinion then given by him to the effect that that was no place to fight a battle, and that I was too far out, which, taken in connection with the conversation, I considered an order, and stopped further progress toward Gainesville for a short time. General McDowell and I went to the right, which was rather to the north, with the view of seeing the character of the country, and with the idea of connecting, as that joint order required, with the troops on my right. But very few words passed between us, and I suggested, from the character of the country, that he should take King’s division with him and form connection on the right of the timber, which was then on the left of Reynolds, or presumed to be Reynolds. He left me suddenly, not replying to a call from me, to the effect, ”What should I do,” and with no understanding on my part how I should be governed. I immediately returned to my command. On the way back, seeing the enemy gathering in my front, I sent an officer (Lieutenant-Colonel Locke, my chief of staff) to King’s division, directing it to remain where it was for the present, and commenced moving my command toward Gainesville and one division to the right or north of the road. I received an answer from General McDowell to remain where I was; he was going to the right, and would take King with him. He did go, takin King’s division, as I presumed, to take position on the left of Reynolds. I remaine where I was. When General McDowell left me I did not know where he had gone. No troops were in sight, and I knew of the position of Reynolds and Sigel, who were on our right, merely by the sound of Sigel’s cannon and from information that day that Reynolds was in the vicinity of Groveton. The head of my corps was on the first

stream after leaving Manassas Junction, on the road to Gainesville; one division in line of battle, or the most of it,

Question by the CouRT. Did you consider the expression of General McDowell, as stated by you, that you were too far to the front and that this was no place to fight a battle in the light of an order not to advance, but to resume your original position ?

Answer. I did, when King’s division was taken from me, and as countermanding the first order of General Pope under the authority given him by that joint order. ‘

Question by the CouRT. Was such an order a proper one under the circumstances? If not, state why.

Answer. I did not think so, and for that reason, when General McDowell left me, I continued my movement as if I had not seen the joint order. My previous order rei and from information received by the bearer of the

quires me to go to Gainesville st order (General Gibbon) I knew it was to prevent the junction of the advancing

enemy and Jackson’s force, then near Groveton, and that the object was to strike the turnpike to Gainesville before the advancing column should arrive. The sooner we arrived there the more effective would be our action. That order directed me to move quickly or we would lose much. That order had been seen by General McDowell, and when he altered it, as I conceived he had the authority, I presumed he knew more fully than I did the plans of General Pope, I will add that the joint order contemplated forming a line connecting with the troops on the right, and, as I presumed as Goueral McDowell acted, taking eee division with him, that he intended to form such a line. I thought at the time that the attack should have been made at once upon the troops as they were coming to us, and as soon as possible.

Question by the CouRT. State, so far as you know, what followed, so far as the movements of General McDowell’s troops and your own were concerned, and what orders you subsequently received from General

Answer. General McDowell took King off to the right. I know nothing further of his movements. I remained where I was until 3 o’clock next morning; a portion of vi edarised left at daybreak. I received no orders whatever from General Mcowell.

Question by the CouRT. But for this order, what movement would you have made, and have you reason to suppose that, if you had not been stopped, the junction of Longstreet and Jackson would have been effected ?

Answer. I should have continued moving toward Gainesville, and until we got onto the turnpike or met the enemy. I presume we would have prevented the junction or been whipped.

Question by the CouRT. Have you any written orders from General McDowell respecting your movements on the 29th? If so, produce them.

Answer. None whatever.

Question by the CouRT. Do you know of any other matter or thing tending to show that General McDowell was treacherous, incompetent, unfaithful, or otherwise disqualified for the command of a division, corps or department? And, if you do, state what you know as fully as though you were specifically interrogated in respect thereto.

Answer. I have no reason to know, and never had any reason to suspect, anything whatever of General McDowell which would tend in any way to disqualify him from holding either of such commands.

Question by General MCDOWELL. Had you any other warrant for believing that King’s division of McDowell’s corps was assigned to your command than what was contained in the first order to you from General Pope on the 29th, which directed you to take King’s division with you in your movement to Gainesville ?

Answer. None other than verbal information, given by General Gibbon.

Question by General MCDOWELL. What was that verbal information or the substance of it?

Answer. General Gibbon brought me the order from General Pope. All that I recollect is the impression given to me that General Pope wished me to move quickly.

Question by General McDOWELL. What passed between you and General McDowell at Manassas with respect to King’s division ?

Answer. He spoke of King’s division aie under my command or having been assigned to me, and spoke of it with regret. 1 have no recollection of anything further in reference to King’s division.

Question by General MCDOWELL. So far as you recollect, did he learn of King’s division being under your command from you?

Answer. I think he learned it from General Gibbon, Ido not know. He (General McDowell) told me as quickly as I knew it otherwise. I wish to add, now that it is brought to my recollection, I believe it was Captain Piatt who brought me a verbal message from General Pope, directing me to move on Gainesville, and to take King’s division with me. This officer I met on the road to Centreville, while going to execute another verbal order sent by General Pops, and before I received the order through General Gibbon. I say it was Captain Piatt, as Captain Ball, of General MoDowell’s staff, so informed me.

Question by General MCDOWELL. Under what relations as to command did you and General McDowell move from Manassas and continue prior to the receipt of General Pope’s joint order?

Answer. I did not know that General McDowell was going from Manassas, and I have no recollection of any relations whatever nor of any understanding.

Question by General MoDOWELL. Was there nothing said about General McDowell being the senior, and of his commanding the whole by virtue of his rank ?

Answer. Nothing that I know of.

Question by General MCDOWELL. What time did you take up your line of march from Manassas Junction for Gainesville ? Answer. The hour the head of the column left, I presume, was about 10 o’clock; it

may have been earlier. Ammunition had been distributed to the men, or was directed to be distributed, and the command to be put in motion immediately.

Question by General MCDOWELL. When you received the joint order where were you personally, and where was your command ?

Answer. I was at the head of my column, and a portion of the command, or the head of the column, was then forming line in front; one regiment, as skirmishers, was in advance, and also a small party of cavalry, which I had as escort. The remainder of the corps was on the road. The head of my column was on the Manassas road to Gainesville, at the first stream, as previously described by me.

Question by General MCDOWELL. Please state the order of your divisions, &c., in the column at that time. Answer. First Morell’s; next Sykes’. The other brigade—Sturgis’ or Piatt’s—I knew

nothing of, having left it, in compliance with orders from General Pope, at Warrenton Junction, with orders to rejoin as soon as possible.

Question by General MCDOWELL. Where was King’s division ?

Answer, I left King’s division getting provisions and ammunition near Manassas Junction. I gave personally direction to General Hatch, in command, to move up as quickly as possible. I did not see General King at all.

Question by General MCDOWELL. The witness says he received an order from General McDowell—or what he considered an order—when General McDowell first joined him, which order he did not obey. Will witness state why he disobeyed what he considered an order ?

Answer. The order, I have said, I considered an order, in connection with his conversation and his taking King’s division from me. I therefore did obey it.

Question by General MCDOWELL. What did you understand to be the effect of General McDowell’s conversation? Was it that you were to go no farther in the direction of Gainesville than you then were ?

Answer. The conversation was in connection with moving over to the right, which necessarily would prevent an advance.

Question by General MCDOWELL. You state you did not think General McDowell’s order (if it was one) a proper one, and that for that reason you continued your movement as if you had not seen the joint order. Is the witness to be understood that this was in obedience of what he has stated to be General McDowell’s order ?

_ Answer. I did not consider that an order at that time, and have tried to convey that impression ; but it was an expression of opinion which I might have construed as an order; but when General McDowell left me he gave no reply to my question, and, seeing the enemy in my front, I considered myself free to act according to my own judgment, until I received notice of the withdrawal of King.

The court adjourned to meet to-morrow, January 21, 1863, at 11 o’clock a. m.

HEADQUARTERS ARMY OF Virginia, Centreville, Va., August 29, 1862.

Push forward with your corps and King’s division, which you will take with you, upon Gainesville. I am following the enemy down the Warrenton turnpike. Be expeditious or we will lose much.

JNO. POPE, Major-General, Commanding.

CovurtT-Room, Cor. FOURTEENTH AND P. A. AVENUE, Washington, D. C., January 21, 1863.

The court met pursuant to adjournment. Present, * * * , and examination.

The witness stated that he answered one question propounded yesterday as considering it confined to General McDowell’s ability and his faithfulness, and that the answer is not as general as he now finds the question requires.

The witness proceeded :

My further amendment is with reference to his integrity as a witness before the general court-martial of which I was defendant.

At the instance of a member the court was cleared.

The court was opened, and the following decision announced :

Hvidence of General McDowell’s integrity as a witness on any other trial cannot be received on this inquiry, nor does the question call for such testimony.

Question by General MCDOWELL. What was the effect on your movements of the message you state was brought to you by Colonel Locke (your chief of staff) from General McDowell, that you were to stay where you were; that he was “going to the right and would take King with him?”

Answer. The effect was to post my command, or a portion of the command, in line where the head of the column then was, prepared to resist the advance of an enemy

in that direction, and turn a portion of the command a little back on theroad. After doing this I sent messages to General Pope informing him of the fact.

Question by General MCDOWELL. Informing General Pope of what fact ?

Answer. Of my present position and what there was in my front. I will say that ]

® sent several messengers, conveying, to the best of my recollection, the general information of my location, and one telling him that King’s division had been taken to the right. Some of those messengers never returned to me, and I presume were captured,

Question by General MCDOWELL. Did you receive any further message from General McDowell other than the one you state that Colonel Locke brought you, as before stated, which you considered an order ?

Answer. None that I recollect of. I had memoranda which I sent to General Morell and which conveys the general impression that I had received messages from General

McDowell, but I have no recollection of receiving them, nor were they brought to mind till their appearance before the court. That memoranda says General McMcDowell informs me all is going well on the right, or something to that effect.

Question by General McDowWELL. Is witness to be understood he did not, on the 29th, after seeing General McDowell the second time, receive any instructions, or directions, or orders from General McDowell to move his troops from where he states he was directed to remain?

Answer. I have no recollection, and I am confident I received no message or order from him other than those that I have mentioned.

Question by General MCDOWELL. On his march to Gainesville does witness recollect crossing the Sudley Springs road? Does he know where Bethlehem Church is ?

Answer. I now recollect the road. I did not know it at the time I crossed it. I now know where Bethlehem Church is.

Question by General MCDOWELL. When General McDowell saw witness the second time how far had the witness gone on the road to Gainesville beyond the Sudley Springs road ?

Answer. To the best of my recollection it was 14 or 2 miles—perhaps a little over 2 miles.

Question by General MCDOWELL. How far was it from the head of witness’ column to Gainesville ?

Answer. Ido not know. I had never been over that portion of the country and have not been since.

Question by General MCDOWELL. How far was it, in witness’ opinion, from Manassas to Bethlehem Church?

Answer. Of those distances I have very little knowledge—very little recollection— and only know them by reference to the map.

Question by General MCDOWELL. How long had the witness’ head of column been halted when General McDowell joined him ?

Answer. I cannot say, but not long. It had halted before I arrived there.

Question by General MCDOWELL. Witness speaks of the effect of General McDowell’s message (as brought by Colonel Locke) to have been to cause him to remain in position at the place where General McDowell first saw him. How long did witness’ troops continue in this position ?

Answer. A portion of the command remained there till daybreak the following morning and some till after daybreak. The most of Morell’s division was on or near that ground all day.

Question by General MCDOWELL. Did witness conceive himself prohibited from making or attempting to make any movement to the front or to the right or to the front and right ?

Answer. me that direction or order, taken in connection with the joint order, I considered myself checked in advancing, especially taken in connection with the removal of King’s division. I did not consider that I could mové to the right, and I consider that General McDowell took King’s division to form a connection on the right or to

go to the right and form such a connection as was possible. I add, further, that I considered it impracticable to go to the right.

Question by General MCDOWELL. Did witness attempt to make any movement in either of the directions above named ?

Answer. Not directly to the right; I did to the right and front ; and when I received the last message from General McDowell to remain where I was I recalled it.

Question by General McDowELL. Did you make no attempt to go to the front or the right, or the right and front, after that message ?

Answer. I made no attempt with any body of troops. I sent messengers through there to go to General Pope and to get information from the troops on the right.

Question by General MCDOWELL. After General McDowell left the witness, did the witness not know he was expected by General McDowell to move to the right or the right and front ?

Answer. I did not.

Question by General MODOWELL. Witness speaks of having reporteé. to General Pope. When did witness conceive himself as no longer under General McDowell ?

Auswer. My messages were addressed to General McDowell, I think, allofthem. The messengers were directed to deliver them to General Pope if they saw or met him. I considered myself as limited in my operations under General McDowell’s orders until I should receive directions from General Pope.

Question by General MCDOWELL. How long was witness and General McDowell together before they moved to the right “with a view of seeing the character of the country?”

Answer. I do not think we were together more than four or five minutes, though I have no distinct recollection.

Question by General MCDOWELL. How long were they together after moving to the right ?

Answer. It may have been ten or twelve minutes; perhaps longer.

Question by General MCDOWELL. Witness refers to some conversation between himself and General McDowell when they first met, which, taken in connection with an expression of opinion by General McDowell, witness considered an order. Can the witness state what that conversation was ?

Answer. I only recollect the impression left upon my mind at the time, and merely a reference to the artillery contest going on far to our right.

Question by General MCDOWELL. Was not the joint order referred to in that conversation ?

Answer. I have no recollection of it. It may have been referred to, because we went to the right, my belief is, to look at the country; but I do not recollect anything at all of the order being referred to.

Question by General MCDOWELL. Were not the remarks witness has stated to have been made by General McDowell made with reference to the point in the joint order which required the troops not to go toa point from which they could not get behind Bull Run that night?

Answer. I think I have replied to the question by stating I do not recollect.

Question by General MCDOWELL. Does not the witness recollect asking General McDowell if he knew of any roads leading to the right or right and front of the head of witness’ column ?

Answer. I donot. Early in the day General McDowell loaned me a map, and may have given some explanation with it. This is all the information I recollect of re-

‘ ceiving, or having in my possession, of the country.

Question by General MCDOWELL. Does not the witness recollect ot being made acquainted by General McDowell with information received by him from General Buford as to the force of the enemy which had passed through Gainesville ?

Question by General McDowELL. When the witness and General

McDowell moved to tie right, ” with a view of seeing the character of the country,” what, were “the few words” which witness states passed between them ?

Answer. I have given some of the words already ; that was, my suggestion to take King’s division to the right. I have no recollection of any conversation or any words being used by me or him, except, when reaching the railroad, remarking that the railroad was an obstacle, we having some little difficulty in getting over it with our horses.

Question by General McDoOWELL. Does the witness recollect nothing of what was said by General McDowell on that occasion, and of his telling the witness to take his troops across to the Warrenton road, and of General McDowell’s intention to go back to take his troops up the Sudley Springs road ?

Answer. To the best of my recollection nothing of the kind was conveyed to my mind.

Question by General MCDOWELL. You have stated ” when General McDowell left me I did not know where he had gone.” Have you not stated before the recent court-martial in your defense as follows: ‘6 We” (General McDowell and yourself) ‘soon parted, General McDowell to proceed toward the Sudley Springs road, I to return to the position at which he first spoke to me after our meeting ?”

Answer. I know now where General McDowell went. I did not know then.

Question by General MCDOWELL. After General McDowell left you you say you sent an officer to King’s division, directing it to remain where it was for the present. What was the necessity for this order ? Had the division, so far as you then knew, been ordered elsewhere ?

Answer. I sent the message to that division to remain where it was for the present in order not to bring it to the front, where I was forming line, before I was ready for it, and intending to use it as the main support.

Question by General MCDOWELL. Why did you continue to regard King’s division as attached to your command after the receipt of the joint order ?

Answer. Inever thought of the point before; but General McDowell had left me, and, as I understood, in nowise changing the relations of King’s division to my corps.

Question by General MCDOWELL. Did not the joint order itself modify the first order you received from General Pope ?

Answer. It placed all under the direction of General McDowell.

Question by General McDOWELL. [If it placed all under General McDowell how did you regard the fact of its being addressed jointly to you and him, and not to him only, if he was the sole commander ?

Answer. I had reason to believe that order was written on an application made by me to General Pope for orders to be given to me in writing; this in consequence of haying received verbal orders from him by persons whom I knew nothing of, and which were contrary to some instructions which I had received in writing. I presume the

order was written by General Pore because I had a portion of General McDowell’s command with me, and the order was intended for both.

Question by General MCDOWELL. Did witness send any written order to King’s division ?

Question by General MCDOWELL. How long was it after you left General McDowell before you sent Colonel Locke to King’s division ?

Answer. I sent him as soon as I returned io my command after leaving General MeDowell. I returne¢ immediately.

Question by General MCDowELL. Did you not ask General McDowell for some cavalry, stating you had none to send with messages; and did you not ask General McDowell to keep you informed when he should be over to the right with the main body?

Answer. I have an indistinct recollection of asking for some cavalry. I do not reoollect of asking General McDowell to keep me so informed.

Question by General MCDOWELL. Will witness state if this is a copy of a note he addressed to Generals McDowell and King ?

The note referred to was shown the witness.

Answer. To the best of my recollection it is.

The note was read by the recorder, and is from Maj. Gen. F. J. Porter to Generals McDowell and King, and is appended to the proceedings of this day and marked A.

The court took a recess of five minutes.

Question by General MCDOWELL. Can you recollect the date of that note and about the hour it was written ?

Answer. It was written on the 29th. I do not know the hour or about the hour.

Question by General MCDOWELL. Did you not receive an order in the afternoon of the 29th from General Pope, addressed to you alone, directing you to make a certain movement ?

Question by General MCDOWELL. With reference to what took place when General McDowell met you, whilst he was with you, when he was leaving you, and with reference to what he did or said, or did not do or say, when he was near Bethlehem Church, have you not spoken of General McDowell’s evidence, as given on your recent trial, as having done you great wrong and great harm? If so, can you state wherein that testimony differs from what you have testified to on those points?

This question was objected to by a member of the court, and it was decided the question be overruled.

The witness stated that he had no objection to answer the question.

The court was cleared.

The court was opened, and the court adjourned to meet to-morrow, January 22, 1863, at 11 o’clock a. m.

Generals MCDOWELL and KING:

I found it impossible to communicate by crossing the roads to Groveton. The enemy are in strong force on this road, and as they appear to have driven our forces back, the firing of the enemy having advanced and ours retired, I have determined to withdraw to Manassas. I have

‘attempted to communicate with McDowell and Sigel, but my messengers have run intotheenemy. They have gathered artillery and cavalry and infantry, and the advancing masses of dust show the enemy coming in force. I am now going to the head of the column to see what is passing and how affairs are going. Had you not better send your train back?

F. J. PORTER, Major-General. I will communicate with you.

Court-Room, Cor. FOURTEENTH AND P. A. AVENUE, Washington, D. 0., January 22, 1863. ® @ 2 * * * © The court instructed the recorder to place on record a dispatch received from Major-General Burnside, to the effect that LieutenantColonel Locke, a witness, could not be consistently spared from his post at present. (See appendix to this day’s proceedings, marked A.) recalled.

Question by General MCDOWELL. Lay before the court General Orders, No. 103, War Department, 1862; General Orders, No. 16, Headquarters Department of the Rappahannock, May 24, 1862; Special Orders, No. 72, Headquarters Department of the Rappahannock, May 16, 1862; Special Orders, No. 80, Headquarters Department of the Rappahannock, May 19, 1862; letter to General Ord, Headquarters Department of the Rappahannock, May 31, 1862.

The witness handed the recorder the papers referred to, which were pees mis are appended to the proceedings of this day, marked B, O, D,

General McDowell stated that he did not propose examining any witnesses until after the testimony of General Milroy and LieutenantColonel Locke had been received.

The court was cleared.

The court was opened at 3.30 o’clock p. m., and the court adjourned to meet to-morrow, January 23, 1863, at 11 o’clock a. m.

UNITED STATES MILITARY TELEGRAPH—4.15 p. m.

(Received January 21, 1863, from Headquarters Army of Potamae.)

To Louis H. PELOUZE, TIteutenant-Colonel and Recorder :

Lieutenant-Colonel Locke cannot consistently be spared from his pot .

at present. A. E. B. BURNSIDE, Major-General.

FIFTY-FIRST DAY. OovRT-Room, Cor. FOURTEENTH AND P. A. AVENUE, Washington, D. O., January 23, 1863. * * * * * * * camp, U.S. Army, a witness, was duly sworn.

Question by the Court. Have you personal knowledge, derived from any communications made by General McDowell or conversations with * Transferred to ” Correspondence, ete.,” Part III.

him, that he intended or desired to prevent the departure of his corps with the Army of the Potomac to the Peninsula last spring, under the command of General McClellan, and to obtain a separate command for himself, with a view of promoting his personal interest or for any other reason? And, if you have, state the facts within your personal knowledge fully and particularly.

Answer. I’ll state that I never have received any communication from General McDowell on this subject, nor do I know that he ever endeavored to separate his command from the army of General McClellan from any conversation I ever had with him. I would state to the court that I had a conversation with General McDowell, but it

occurred during a social visit, and I doubt if it isa matter which the court should inquire into on this occasion.

Question by the CouRT. Does the witness mean to qualify his answer ? Answer. Yes, I so intend it.

The court was cleared. The court was opened.

Question by the CourRT. In any conversation of General McDowell, heard by you at any time, did he admit or state, in substance, that he proposed to take or had taken any measures to separate his corps from the Army of the Potomac at the time referred to in the last question?

Answer. In no conversation that I have had with General McDowell or heard from him did I learn that he had ever taken or ever intended to take any measures to have his command separated from the Army of the Potomac at the time referred to in the * last question.

In answer to a question by the court the recorder stated that the assistant adjutant-general at Headquarters of the Army had this morning informed him that a general would be ordered to report to General Schenck, with a view of having General Milroy at once relieved, that he may appear as a witness.

duly sworn.

Question by General MCDOWELL. About what time did McOall’s division get into position on the right of General McOlellan’s army in front of Richmond in June last?

Answer. I cannot speak with entire accuracy, but, from the memory of the events connected with the arrival of that division, I think it was brought into position abou one week before the army commenced to retire to the James River, which was on the 26th of June, the series of battles having commenced on that day at Mechanicsville, where McCall’s division was first engaged.

The court was cleared. .

The court was opened, and the court at 3 o’clock p. m. adjourned to meet to-morrow, January 24, 1863, at 11 o’clock a. m.

OovurT-Room, Cor. FOURTEENTH AND P. A. AVENUE, Washington, D. 0., January 24, 1863.

The recorder informed the court that he had heard nothing further respecting the matter of attendance before the court of Brigadier-General Milroy and Lieutenant-Colonel Locke, who have been summoned as witnesses.

The court was cleared.

The court was opened at3 o’clock p. m., and adjourned to meet Monday, January 26, 1863, at 11 o’clock a. m.

CourT-Room, Cor. FOURTEENTH AND P. A. AVENUE, Washington, D. O., January 26, 1863.

The recorder, in answer to a question by the court, stated that he had heard nothing further respecting the matter of attendance before the court of Brigadier-General Milroy and Lieutenant-Colonel Locke, who have been summoned as witnesses.

The court was cleared.

The court was opened at 3 o’clock p. m., and adjourned to meet tomorrow, January 27, 1863, at 11 o’clock a. m.

CouRT-Room, Cor. FOURTEENTH AND P. A. AVENUE, Washington, D. O0., January 27, 1863.

Lieut. Col. F. T. LOCKE, assistant adjutant-general, U.S. Volunteers, a witness, was duly sworn.

Question by the CouRT. What knowledge have you of any order o1 orders given by General McDowell on the 29th day of August last, and of the whereabouts of General McDowell on that day? State fully and particularly, specifying time and circumstances, as nearly as you remember.

Answer. I was the bearer of a message from General McDowell to General Porter on the afternoon of the 29th August somewhere between 2 and 3 o’clock. At the time of receiving this message of General McDowell he was standing on the righthand side of the road going to Manassas and near Bethlehem Church. The message was in these words or in words to this effect: ”Give General Porter my compliments. and say tohim that I am going tothe right, and will take General King with me; that I think he had better remain where he is for the present, and if it is necessary for him to fall back, to doso upon my left.” This message I carried directly to General Porter. This is the only order I bore General Porter from General McDowell. I heard General McDowell, in the morning or somewhere about noon, make a remark to General Porter which was to this effect; ”Porter, you are too far out already; this is no place to have a fight.” The first time I saw General McDowell on the 29th was at a brick house at Manassas Junction about 10 o’clock in the morning. I was then in company with General Porter. I subsequently saw him in the place where we were in position, near Gainesville, and about noon. The last time I saw him was on the occasion I have mentioned, near Bethlehem Church. Atthe timel bore the communication to General Porter the head of General Porter’s column was about 2 miles from Bethlehem Church and in the direction of Gainesville.” General Porter’s column, at about noon, was on an elevated position between the Gainesville road and Manassas Gap Railroad, and about 2 miles from Bethlehem Church in the direction of Gainesville. I am not positive as to the distance, but have always thought it about 2 miles.

Question by the CouRT. Do you know of any matter or thing tending to show that General McDowell was treacherous to the country, incompetent, unfaithful, or otherwise disqualified for the command of a division, corps, or department? And, if you do, state what you know as fully as though you were specifically interrogated in respect thereto.

Answer. I do not know of any such thing or believe any such thing.

Question by General McDOWELL. Will witness state under what circumstances he chanced to see General McDowell near Bethlehem Church on the 29th? For what purpose did he come there ?

Answer. I was the bearer of a esses from General Porter to General King. As I tode down the Gainesville road to Bethlehem Church I saw General McDowell, with another officer, standing by the side of the road. This officer I took to be General King, to whom I delivered my message, first asking this officer if he was General King, to which he assented affirmatively. It was upon the delivery of my message to General King that General McDowell gave me the message to give to General Porter.

Question by General MCDOWELL. What was the message you bore from General Porter to General King?

Answer. ”To remain where you are till further orders.”

Question by General MCDOWELL. How long after General McDowell quitted General Porter was it that the latter sent you to General King?

Answer. I don’t remember exactly ; it may have been an hour.

Question by General MCDOWELL. Did you accompany General Por. ter when he rode from the head of his column with General McDowell to see the country to the right?

Answer. Yes; I rode just in the rear.

Question by General MODOWELL. Did you return with General Porter after General McDowell and he parted ?

Question by General MODOWELL. How long after he returned to the head of the column was it before he sent you to General King?

Answer. I have no ey, distinct recollection as to the length of time that elapsed. My impressions are that he stopped behind after we crossed the railroad to give some

directions to General Morell. It was very shortly after General Porter returned to the head of the column that I was sent to General King.

Question by General MCDOWELL. Did you pass any of General McDowell’s troops on your way down the road to see General King up to the point where you state you met him with General McDowell?

Answer. To the best of my recollection they (the troops) were halted just about that place.

Question by General MCDOWELL. What was General King’s position personally when you saw him—on horseback or on foot, standing or sitting ?

Answer. He was standing on the left of General McDowell and leaning against the fence.

Question by General MCDOWELL. How long did you remain with Generals King or McDowell ?

Answer. But a few moments. It may have been ten minutes, but I hardly think so long.

Question by General McDowWELL. You speak of hearing some remarks ‘ made by General McDowell to General Porter on the occasion of his joining General Porter at the head of his column. Did you hear the entire conversation between them ?

Answer. No, sir; I did not.

Question by General MCDOWELL. Do you know if General Porter was given a part of General McDowell’s cavalry on the morning of the

Answer. I do not know what cavalry General McDowell had. I do not know the fact. I wish to correct my answer. I thought the question referred to a force of cavalry, but there was a small detachment, numbering 12 or 15 men, left with General Porter as messengers.

Question by General McDOWELL. Did you leave with General Porter’s message to General King before or after that part of my cavalry escort was given to General Porter?

Answer. I don’t recollect.

Question by General MCDOWELL. Do you recollect General McDowell’s having in his conversation with General Porter referred to the joint order they each had received from General Pope?

Answer. I don’t think I heard the conversation to which that refers.

Question by General MCDOWELL. Did you hear in what connection the remark of General McDowell to General Porter about being too far out, &c., was made?

Answer. I don’t think it was made in connection with any conversation. It appeared to me to be induced by the appearance of the place.

Question by General MCDOWELL. Did you hear General McDowell acquaint General Porter with the report of General Buford of the number of the enemy’s force that had passed through Gainesville?

Answer. I did not.

Question by General MCDOWELL. Do you recollect at the time you left Generals King and McDowell whether they had their horses near them ?

Answer. No, I do not remember. My attention was not called to that.

Question by General MCDOWELL. Did you leave General McDowell immediately after you received the message you state to carry it to General Porter ?

The court was cleared. The court was opened.

Question by General MCDOWELL. Did you or not, on the 29th of August, receive a message from General Fitz John Porter, by the hands of Lieutenant-Colonel Locke, at or near Bethlehem Church, in the presence of General McDowell?

Question by General MCDOWELL. Were you and General McDowell together at all on the 29th of August at or near Bethlehem Ohurch and after you and he parted near Manassas?

Question by the Court. Did you receive any order trom LieutenantColonel Locke?

Answer. I did not.

Capt. DANIEL W. HUGHES, aide-de-camp, U. 8S. Army, a witness, was duly sworn.

Question by General MCDOWELL. Were you with General King on the morning of the 29th of August last, on the occasion of the march of his division from Manassas on the road to Gainesville ?

Question by General MCDOWELL. Were he and General McDowell together at all at or near Bethlehem Church on the 29th and after they parted near Manassas %

Answer. Not at all during the day.

Question by General MCDOWELL. What is your rank in the United States service ?

Answer. I am captain and additional aide-de-camp.

Question by the CourRT. What time did Generals King and Mc Dowell part at Manassas on that day?

Answer. I should jndge between 8 and 9 o’clockin the morning. General King waa sick, and had been for days previously, and did not exercise any command my it 9 o’clock that morning.

Question by the CouRT. Do you know that the sickness of General King was known to General McDowell?

Answer. He knew it that morning. General McDowell knew that he had been sick for some days, or at least I think he did.

Question by the CouRT. How do you know that?

Answer. I’ve heard them talking together of his sickness at Warrenton and other

places previous to this day. General King complained to General McDowell of feel_ ing very sick several times on the road from Warrenton. General King looked as if he was fatigued out and very weak and sickly.

ness, was duly sworn.

Question by the CouRT. What is your rank in the United States service?

Answer. I am a captain and aide-de-camp on the staff of Major-General McClellan, and assigned to duty with General Burnside.

Question by the CouRT. Where were you on the 28th of August last?

Answer. In the morning of the 28th, at about 10 o’clock, I was with the Confederates— the column of General Ewell’s division—on Cub Run, somewhere near the crossing of the road from Manassas Junction, and to the northward of it, to some point they had been at the night before. I do not know the place, but think it was Centreville. I made an error in saying the Manassas Junction road; it was the crossing over Cub Run of a road to the north of Centreville and Gainesvilleroad. The troops that I was with halted there for some hours, and then proceeded to a place called Groveton Heights by way of Sudley Springs. They arrived at Groveton Heights about 8 o’clock in the evening. There had been a battle there, in which Donbleday’s division was, I think, engaged. I personally reached Groveton Heights at this time. There were troops and wagons in front and in rear of me. I think the greater part of Ewell’s division was behind me, and know we passed a great many troops on the road during the day. I left Manassas Junction about 9 o’clock on the eve of the 27th. The rebel troops commenced their march previous to that time. I did not leave with the

first of them. Question by the Court. Were there any portion of the rebel troops *moved from Manassas Junction toward Warrenton on the southwest side of Bull Run ? Answer. I do not know. I had not the means of knowing.

Question by the CouRT. Do you know whether any portion of the rebel force proceeded from Oub Run along the Warrenton pike toward

Groveton ? Answer. I do not know.

Question by the CourT. Were you present at the engagement at Groveton Heights on the 28th ?

Answer. I did not arrive until about half an hour after it was over. )

Question by the Court. Were you present at the battle which tovk place on the 29th ?

Question by the Court. What opportunities had you for observing what had transpired ?

Answer. I at the first part of the day, while they were fighting almost immediately upon the field of the night previous, had very good opportunities for observation, but afterward, when the United States troops occupied that ground, I was sent to the rear + of the Confederate Army by A. P. Hill, and had no further opportunity to see the action that day. The rebel force there, from the information I could collect from observation and otherwise, was about 21,000, being the whole of Jackson’s corps, three divisions.

Question by the CouRT. Did you see or do you know of any movement of our troops which was an improper one, and which, in consequence of its impropriety, inured to the benefit of the enemy? If so, state fully and particularly.

Answer. On Friday, the 29th, which was the only day on which I could well observe the movements of the army, the enemy were decidedly worsted. I did not see our troops except early in the morning.

The court was cleared.

The court was opened at 3 o’clock p. m., and adjourned to meet tomorrow, January 28, 1863, at 11 o’clock a. m.

CourT-Room, Cor. FOURTEENTH AND P. A. AVENUE, Washington, D. O., January 28, 1863. * oh * * * * * The recorder of the court stated that he had nothing further respecting the attendance of Brigadier-General Milroy as a witness before the court.

The court was cleared.

The court was opened at 3 o’clock p. m., and adjourned to meet tomorrow, January 29, 1863, at 11 o’clock a m. ,

CovurT-Koom, Cor. FOURTEENTH AND Pa. AVENUE, Washington, D. O., January 29, 1863. * * * * * * * ness, was duly sworn.

The evidence of Maj. Franz Kappner was interpreted by Charles D. Arnaud (a citizen of Saint Louis), who was duly sworn.

Questio.. by the CouRT. State your rank and position in the military service of the United States.

Answer. I am a major and aide-de-camp on Major-General Frémont’s staff, and I am assigned voluntarily to General Sigel’s staff, on which I rank as chief engineer.

Question by the CouRT. Where and with whom were you serving on the 28th day of August last ?

Answer. With the First Corps, Army of Virginia, under Major-General Sigel, at Buckland Mills.

Question by the OouRT. Narrate the movements made by General Sigel’s corps on that day, and in connection therewith state what was known of the position and strength of the enemy on that day.

Answer. General Sigel’s corps (at night) by day-time at 3 o’clock was got up—they ordered to fulfill—to march to Manassas. Six o’clock the same morning the advance guard arrived at Gainesville. The same advance guard had met the enemy’s pickets while they were advancing, and the enemy’s pickets retired beyond Gainesville—that the route from Gainesville to Manassas. They could not pursue the enemy’s route, but take the right to Manassas. About 3 miles from Gainesville, toward Manassas, was the center of the army corps, and took their rest. It was about 10 o’clock in the morning. The same time General Sigel’s escort came in and told him that the enemy advanced from the right corner of the left flank. In the proper time I have asked General Sigel for to give me 24 cavalrymen for to go out and see if the informa tion of the scouts was correct and for a reconnoitering expedition.

Question by the CouRT. Have you made a map of the locality to which you refer? If so, produce it.

_ The witness produced a map, which is appended to the proceedings of this day, marked A. Question by the Court. Did you make the map just referred to from your own personal knowledge of the locality it purports to represent?

Answer. From my own personal knowledge andfrom my observation when I march ‘n these localities.

By the Court. Continue your narrative of the movements of General Sigel’s corps on the 28th August last. The witness continued:

With the 24 cavalrymen I have made for the same direction where the scouts had informed us—the same position or the same direction ; had no road, but one open field. When I made 1} miles I came to a height near a farm-house. From the same place had a very far view. I have seen on the turnpike which goes from Centreville and Gainesville a white line on the route. Then I took my glass, then I have seen about 50 of the enemy’s wagons, which went toward Gainesville, asI giveon myplan. After I have seen this I took my position about 250 yards nearer on the left side, and have seen about 5 vedettes to the front toward General Sigel’s march line, and about a quarter [of a] mile distant from that vedettes. There was about 50 cavalry of the same vedettes, and the route toward Groveton from New Market I saw an infantry column, about three regiments. All this has happened. I immediately let General Sigel, in writing, know. I reported to General Sigel that the army (General Sigel’s), with wagons and artillery, could pass along the route without interruptions, as well as the movement of the enemy was reported to General Sigel. I remained at the same point about a half an hour. Isaw General Sigel with a part of his army comin before thesame position. This was about aquartertotwelveinthe morning. Genera Sigel telled me that before he break his camp he sent a report to General McDowell. When I came to General Sigel, where he was below the hill, and wanted to stretch his column to engage the enemy, then came an ordnance officer from General Mc- * Dowell—the orderly came with an order to General Sigel to immediately march on Manassas. General Sigel at the same moment took the same route as he came to march toward Manassas, to comply with the order of General McDowell. The same evening we did march so far as the advance fu was—a half a mile before Manassas. I wish to remark that General Sigel did not find any enemy toward Manassas; then he advanced toward New Market. I wish to state a few remarks on the importance of the position where I was at the time on the hill near the farm-house, At the time ] was on the hill I observed the enemy marching, and, according with strategic rules, my own impression is that when an enemy is on the march and not yet in position

17 B R—VOL XU the enemy could be flanked, and it also is my impression that it was only 0:3 army corps of the enemy at thetime. If at that time we had engaged the enemy, with the aid of General McDowell on the left, I am of the opinion we could have carried the day before re-enforcements could have come to the enemy. For that day this is all I know. By withdrawing General Sigel from that position I believe it gave advantage to the enemy.

At the instance of Major-General McDowell Captain Wladislas Leski was sworn to assist as interpreter during the examination of the witness. The witness continued :

In consequence of our retreat from that position the enemy had ample time to put himself in position and await re-enforcements. This is all I have to say for the twentyeighth day.

Question by the CouRT. Who was the officer who took the message from General Sigel to General McDowell, referred to?

Answer. Assistant Engineer Burchard, formerly assistant engineer ; at present first lieutenant and aide-de-camp on General Cluseret’s staff.

Question by the CouRT. Did you see Lieutenant Burchard start to go to General McDowell ?

Answer. No, not while I was on the hill; but Lieutenant Burchard came back again and informed me while I was there.

Question by the CouRT. From that hill could you see Manassas Junction ?

Answer. No; it was too far to the left.

ues eon by the Court. Oould you see Centreville from that hilltop

Question by the Court. Did you see any other portions of the enemy than what you have described ?

Answer. None but what I have stated. It was not everywhere that I could see, on account of little woods.

Question by the CouRT. Could you see General McDowell’s corps ?

Answer. Not on the 28th; there were woods in the rear of me. It was everywhere woods, but in that particular place open fields.

Question by General MCDOWELL. Was there an apple orchard on that hill-top ?

Answer. Not in a position toward the enemy, but toward the left there was. Question by General McDOWELL. Was there a road near the hill? Answer. There was no regular road, but there was a farm road.

Question by General MCDOWELL. Could you see Bull Run stream ? Answer. Part of it.

Question by General MCDOWELL. What part of it; above or below the turnpike ? –

Answer. On the south side. Question by General McDoOWELL. Could you see the water?

Answer. No; I could not see the water.

Question by General MCDOWELL. Could you see New Market or Groveton ?

_ Question by General MCDOWELL. How did you know the column of infantry was on the road from New Market to Groveton ?

Answer. I knew it from General McDowell’s map. I have seen the enemy moving and from the map I have learned the enemy’s moving. I saw them marching, and took up the map and knew they could be marching over no other route but that one.

Question by General McDoWELL. Could they not have been going on the road from New Market toward Sudley Springs.

Answer. They could not have been going on the other road, for then they would have been going farther to the right. I saw them going right straight toward me.

Question by General MCDOWELL. How far was the enemy from you on the hill ?

Answer. My impression is about a strong half a mile.

Question by General MODOWELL. How long was the enemy’s column ?

Answer. One hundred and twenty yards; it might have been more, for they were already turning upon the turnpike, and I could not see all.

Question by General McDOWELL. How long were they in sight ?

Answer. About five minutes; then I lost sight of them, as they were turning the road. Whether there was one regiment or three regiments I cannot tell. They might have been going forward a long time, and this may have been their rear.

Question by General MCDOWELL. Did you hear any artillery firing on the morning of the 28th?

Answer. I can remember a few shots I heard toward the left in the position of General McDowell, but I do not know from whence they came.

Question by General MODOWELL. What time did you hear this firing ?

Answer. I can’t remember. It might have been nine or before. I never regarded much about it.

Question by the CouRT. The witness has said there might have been but one regiment. Why did he previously say there were three regiments ?

Answer. When I have seen the troops march (so I have observed for one hundred

and twenty yards), whether they have marched by fours or sixes I could not judge. I have stated they were about three regiments, but there may have been but one.

The court was cleared. The court was opened at 3 o’clock p. m., and adjourned to meet tomorrow, January 30, 1863, at 11 o’clock a. m.

CONSCSCEMG SABO S TCGlinercF.

8. Zens Veacttes B. Ehuemas marching Coleen re OV TPA Y» A. Zrzenpys Pickets

OovRT-Room, Cor. FouRTEENTH AND P. A. AVENUE, Washington, D. O., January 30, 1863. * 2 * *® First Lieut. WILLIAM BURCHARD, First Virginia Artillery, a wit. ness, was duly sworn.

Question by the CouRT. What was your rank and position in the military service of the United States on the 28th of August last ?

Answer. I was engineer, with General Sigel, in the Army of Virginia. I had no military rank—no commission—at that time.

Question by the Court. Did you take any information from General Sigel to General McDowell on the 28th August last ?

Answer. No information from General Sigel to General McDowell.

Question by the CouRT. Did you make any communication from anybody to General McDowell relatingto the position of the enemy?

Answer. I gave information to General McDowell relating to the position of the enemy from myself. Ireceived no order from any one.

Question by the CourRT. State that information.

Answer. I was sent out

by order of General Sigel to our left, after we heard some firing, with 20 men—cavalry. I crossed the field to Fairfax Court-House pike and came