than that. I got on the battle-field near Bristoe Station, perhaps, at 5 o'clock. I did not ride directly to the field. I endeavored to bring up the stragglers. And I halted for a time where the first skirmish had taken place, and looked at the wounded and dead that were there. I did not proceed directly through, but delayed considerably on the way.
Question. Do you know at what time of the night of the 27th of August the accused received your order of that date?
Answer. I only know from the report of the aide-de-camp who delivered the order. It was reported to me that he delivered the order about 15 minutes after 9 o'clock.
Question. Will you state whether the moon was shining or whether there was a moon at that time?
Answer. i think, as clearly as I can remember, there was no moon. I am quite sure in was not moonlight.
Question. Try and recollect if, between 11 and 12 o'clock, it was not drizzling with rain and very dark.
Answer. I slept on the ground that night with an overcoat, without any shelter whatever. I have no remembrance of any rain at all. I slept very soundly at that hour of the night, having been up a great deal, and a slight drizzle I might, perhaps, have been unconscious of. I have no knowledge that there was any.
Question. In the order of the 27th August you direct the accused, "Say to Banks, also, that he had best run back the railroad trains to this side of Cedar Run." If that was done, what, in your opinion, would be the effect upon the condition of the road?
Answer. The railroad would, for a considerable space, have been filled with standing cars. But Banks was not at Warrenton Junction, and it is not at all to be supposed, no could it have been possible, without doing the work in the night, to run the railroad trains back in advance of General Porter's movement, nor was it so intended.
Question. You state that Banks was not at Warrenton Junction?
Answer. He was not there when I left Warrenton Junction, and I had had no report that he had arrived there.
Question. In the postscript to that order you say to the accused: "If Banks is not at the Junction, instruct Clary to run the trains back to this side of Cedar Run, and post a regiment and section of artillery with it." Are you to be understood now as saying that it was not your purpose to have that part of the order carried out until the accused had marched with his force?
Answer. Yes, sir; it is my purpose to say so.
Question. Will you state whether, in your opinion, the condition of the roads to which you have referred, as they were between 9 1/2 and 1 p. m., was, or was not, such that the accused could have started at 1 o'clock that night and forwarded his whole force so as to be at the point to which you directed him to march by daylight in the morning?
Answer. As I have previously stated, i have no doubt his infantry could have done so. It might be, possibly, that his artillery would have been delayed longer. But I considered it his duty, at all events, to have made the attempt.
Question. Did you authorize him in that order, or at any other time, to make the march indicated in the order with his infantry, leaving his artillery behind?
Answer. The order specifies in words precisely what I intended. I am not aware that it was modified or countermanded in any was whatsoever.
Question. Did you receive from the accused, after you sent him the order just referred to, a note or a message requesting you to have your