At the instance of a member the court was cleared.
The court was opened and the following decision was announced.
On cross-examination of a witness General McDowell has the right to elicit facts tending to impair the credibility of the testimony against him.
Within reasonable limits he may inquire into the previous history of the witness, but the answers must be directly responsive.
If this line of examination shall appear to the court to be unduly extended the court will arrest it.
The court directs that so much of the answers of the witness as describe the qualifications of his officers and his reasons for omitting to appoint an adjutant be erased from the record.
The court directed the recorder to read again the question.
By the WITNESS. Previous to the reading of the question, will the court permit me to state that I have some important facts--
The court interrupted the witness, informing him that a question for his answer is now before the court.
The recorder read the question.
Answer. I find on my regimental rolls Charles J. Whitney as my major.
The witness continued: Pardon my simplicity. I wish to answer the questions properly. I do not understand a field officer--
The court interrupted the witness, and requested that the answer of the witness might be responsive to the question.
The witness continued:
I had my lieutenant-colonel and my major as field officers. If you want my line officers, I will say I had my captains and lieutenant. They were enrolled by myself. There was an enrolled made my companies and sanctioned by the Government of the United States. There was a legal enrollment made. There was but one full company.
Question by General McDOWELL. In your last answer you state there was but one full company. How many incomplete companies had you?
Answer. I suppose the court is aware how those regiments were organizing-incomplete companies. If I take my own view of the matter all the companies were incomplete except one; that is full. I had nine incomplete companies.
Question by General McDOWELL. Does the witness remember where his complete company was mustered into the service of the United States, and by what United States officer it was so mustered in?
Answer. On Staten Island, in Camp Washington, by Captain Hemans [Hayman?]-I think it was-Seventh Regiment U. S. Regulars.
Question by General McDOWELL. Did the witness mail to General McDowell's address or otherwise send to him the letter which was published in the New York Sunday Mercury?
Answer. I did not know [the] general's address. I did not know where he was-did not know his address at the time, and did not care.
Question by General McDOWELL. Witness states he wrote the letter which is dated September 24, 1862, on September 6, 1862. Is the witness positive as to the date on which he actually wrote the letter in question?
Answer. I could only say it was on the same day that the letter was published in the New York Herald. I think it was on the 6th.
Question by General McDOWELL. At the time you state you saw General McDowell on Pennsylvania avenue under the influence of liquor, state if the general continued to walk in the roadway of the Avenue itself as long as he remained within your sight.