Question. And within what time; from 1 o'clock until when?
Answer. He would have had until daylight. I do not remember exactly what time daylight was; perhaps 4 o'clock, perhaps a little earlier. I directed him to move at 1 o'clock, in order to give his command as much time to remain in their beds at night as possible, supposing that it would occupy him perhaps three hours to get upon the ground. I had expected him there certainly by 4 o'clock.
Question. You had just passed over the road along which he was required by this order to march; will you state its condition?
Answer. The road was in good condition everywhere. At most places along the road it was a double road, on each side of the railroad track. I am not sure it was a double road all the way; a part of the way I know it was.
Question. Did General Porter obey that order?
Answer. He did not.
Question. At what time on the 28th did he arrive at Bristoe Station, the point indicated in your order?
Answer. As the head of his column came to Bristoe Station, I took out my watch; it was 20 minutes past 10 o'clock in the morning.
Question. Did he at that time, or at any time before his arrival, explain to you the reason why he did not obey the order?
Answer. He wrote me a note, which I received, I think, in the morning of the 28th; very early in the morning, perhaps a little before daylight. I am not quite sure about the time. The note I have mislaid. I can give the substance of it. I remember the reasons given by General Porter. If it is necessary to state them, I can do so.
The accused asked if the witness had looked for the note.
The WITNESS. I looked for it, but have not been able to find it.
The JUDGE-ADVOCATE. I will not press the question.
The ACCUSED. I do not object to it. The witness says he had looked for the note and cannot find it. I only want to know when and where he has searched for it.
By the JUDGE-ADVOCATE:
Question. What was the character of the night; was it starlight?
Answer. Yes, sir; as I remember, it was a clear night; that is my recollection.
Question. If there were any obstacles in the way of such a march a your order contemplated, either growing out of the night or the character of the road, will you please state them?
Answer. There was no difficulty in marching, so far as the night was concerned. I have several times made marches, with a large force than General porter had, during the night. There was some obstruction on the road in a wagon train that was stretched along the road, marching toward the Manassas Junction, in rear of Hooker's division; not sufficient, in my judgment, to have delayed for any considerable length of time the passage of artillery. But even had the roads been entirely blocked up, the railroad track was clear, and along that track had passed the larger portion of General Hooker's infantry. There was no obstruction to the advance of infantry.
Question. Whatever obstacles, in point of fact, may have existed to the execution of this order, I ask you, as a military man, was it, or not, the duty of General Porter, receiving this command from you as his superior officer, to have made efforts, and earnest efforts, to obey?
Answer. Undoubtedly; it was his duty.
Question. Will you state what order, if any, you gave to General Porter, on the 29th of August, in reference to the movements of himself and his men, and the grounds upon which those orders were based?
Answer. In answer to that question, it will, perhaps, be necessary for me to state, at least partially, the condition of thing on the afternoon of the 28th, and during the