War of the Rebellion: Serial 017 Page 0850 OPERATIONS IN N. VA., W. VA., AND MD. Chapter XXIV.

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Question. If you have the note, will you produce it?

Answer. Certainly, if I have it. This suggestion of General Porter, whether oral or in writing, made no impression upon me, because King's division was at that time, or about 1 hat time, engaged in an action with the enemy in our immediate front, and there were no troops to spare that could be sent to General Porter. In fact, I thought he already had force sufficient to have accomplished during the day the purpose implied in the order of half-past 4 o'clock.

Question. Was Morell's division a part of the command of the accused?

Answer. Yes, sir. It was a part of his army corps, which I presumed to be with him.

Question. Recollect, if you can, whether you received from the accused information, orally or in writing, that Morell was there, where the not was written or the information sent form, ready to engage the enemy?

Answer. I do not remember to have received that information, though, in sending the order at half-past 4 o'clock, I presumed that General Porter was ready with his whole corps to engage the enemy.

Question. Where, if you recollect, did you suppose the accused with his command was when you issued your order to him of the 29th August, at 4.30 p. m.?

Answer. I supposed him to be somewhere on the road between Manassas Junction and Gainesville, and by that time far advanced toward Gainesville on that road.

Question. Would the accused, by obeying the joint order of the 29th August, have been brought up in front of the enemy at 4 1/2 o'clock of that evening; and, if so, at what point of the enemy's line?

Answer. As I have stated in my testimony, when that joint order was issued, I was not certain at what point, if at any, of the Warrenton turnpike east of Gainesville, the enemy could be brought to a stand. The joint movement of McDowell and Porter was, therefore, made so as to intersect the Warrenton turnpike, those two corps would have been near enough to the turnpike, in case the enemy were brought to a stand at any point of it, to be brought on the field within a short time. I could not tell, of course, at the time that order was issued, not knowing where the enemy would be brought to a stand or whether he would be brought to a stand or not, whether the forces of McDowell and Porter would come up in his front or on his flank.

Question. Do you know where, in point of fact, the accused was with his command, in whole or in part, at 4 1/2 p. m. of the 29th August, and where the enemy nearest to him at that time were?

Answer. Of my own knowledge, I do not.

Question. Without knowing the relative position of the forces under the command of the accused and of the enemy at 4.30 p. m. of the 29th of August, how could you have been certain, if you were,that it would be in the power of the accused to turn the enemy's right flank?

Answer. I knew the position of the enemy, who occupied a line perpendicular to the Warrenton turnpike, and at or near the town of Groveton. I was sure, from the orders I had given him, that General Porter must be somewhere between Manassas Junction and Gainesville, ont he road to Gainesville. So far, I knew within certain limits, though not exactly, the relative positions of General Porter and of the enemy. My belief was that the road from Manassas Junction to Gainesville either passed by the right flank or was occupied by that flank of the enemy, and that Porter's march, if pursued, conducted him either to the right flank of the enemy or past the right flank of the enemy, toward his rear.

Question. Will you point out upon the map produced by the prosecution, marked "Government, Exhibit A," the positions, as you now understand, held by the accused with his command, and by the enemy, at 4.30 p. m. of the 29th of August?