Unknown to Nathaniel P. Banks, April 1, 1862

On board the Oommodore, April 1, 1862.

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.

O1iry oF NEw YORK, January 3, 1803.

8. WILLIAMS, Assistant Adjutant- General.

A true copy.

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

* * * * * * * Lieut. Col. Davis TILLSON, Maine Artillery, a witness, was recalled. 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.

Col. ED. SCHRIVER, aide-de-camp, U. S. Army, a witness, was recalled.

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 PA. AVENUE, Washington, D. 0., January 20, 1863.

Brig. Gen. WILLIAM F. Barry, U. 8. Volunteers, a witness, was 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.

Maj. Gen. FITZ JOHN PoRTER, U. S. Volunteers, a witness, was duly sworn.

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.

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.