War of the Rebellion: Serial 017 Page 0841 Chapter XXIV. CAMPAIGN IN NORTHERN VIRGINIA.

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never for a moment had an idea of withholding from the knowledge of the Government a full detail of facts, which, as every member of this court must know, every officer commanding an army is required to give in his official report concerning every important transaction that takes place in his command. I will say to the court that I have answered this question, and only should have answered it, in consequence of the manner in which the protest of the accused was presented to the court, which protest sought to present me in a false light. I answer it with reluctance, and i protest sought to present me in a false light. I answer it with reluctance, and I respectfully submit to the court that that sort of questions are not relevant to this case, and I would say to them respectfully that I shall decline, unless they insist upon it, to answer any such questions in future.

Examination by the ACCUSED continued:

Question. Will you state by whom and when you were told or cautioned that the accused would not obey your orders or co-operate with you?

Answer. I would prefer the question to be put in the form in which I made my statement. I said that "General Porter would fail me." That was the statement I made. i do not like to have these questions put so as to seem to imply that I have made statements which I have not made.

Question. I will put it in that form. I understood it the other way. By whom were you told or cautioned that the accused would fail you, and when were you so told?

Answer. I think on the 27th of August, and again, I think, on the 28th of August, by General Roberts, and on the night of the 28th of August by Lieutenant-Colonel Smith.

Question. It is Brigadier-General Roberts. Is there any other General Roberts?

Answer. I do not know of any other.

The judge-advocate admitted that it was the same officer.

Question. Are those the only two officers from whom you got this information?

Answer. Those are the only two that I remember distinctly. I heard much talk of that kind from many others, but I do not remember who they are. I heard it on several occasions.

Question. Will you state whether you informed the accused, in the conversation at Fairfax Court-House, or before or after, that it had been your purpose to put him under arrest?

Answer. I do not think I informed him at all on the subject.

Question. Will you state by whom you were advised not to put him under arrest?

Answer. By General McDowell, for one; by General Roberts, I think, for another; by General Hooker, I think, for a third, and, I think, by General Heintzelman.

Question. State, if you can remember, if the accused proposed to answer the dispatch of Major-General McClellan by telegraph, and whether he was, or was not, permitted to use the telegraph.

The judge-advocate objected to the question.

The accused said he proposed to follow up that question, if allowed by the court, by asking the witness if the paper, which would be shown to him, was not the answer proposed to be sent.

The room was cleared, and the court proceeded o deliberate with closed doors.