The member of the court (objecting) said, it is proper for the accused to show the facts, and then the court would determine what shall be their determination upon those facts. But upon that determination the opinion of this witness can have no bearing one way or the other.
The court was then cleared.
After some time the court was reopened; whereupon the judge advocate announced the decision of the court to be that the witness shall not answer the question propounded by the accused.
The accused then said: With the permission of the court, the accused will now propound the question in a different form, so as to present more exactly upon the record the principle of its exclusion.
The president of the court stated that the question referred to matters which could be made use of by the accused in his defense; but, under the ruling of the court, the question could not be propounded to this witness.
Examination continued by the ACCUSED:
Question. Will the witness inform the court how many interviews he had with the accused between the morning of the 27th of August and the morning of the 29th of August:
Answer. I saw the accused several times on the morning of the 27th of August, at Warrenton Junction. I also saw him on the 28th, when he came up at Bristoe Station. From that time until the morning of the 30th, I did not see him at all.
Question. Does the witness recollect the hour at which the accused acknowledged the receipt of the order of 8.50 p. m. of the 29th of August?
Answer. I do not remember to have received an acknowledgment at all of the reception of that order, except the acknowledgment made by the accused himself in appearing upon the field of battle the next morning.
The examination by the accused was here closed.
Examination resumed by the JUDGE-ADVOCATE:
Question. In referring to the conversation which you had with the accused at
Fairfax Court-House, you stated in effect that you said to him, among the causes of complaint which you had against him, was that he was understood to have written a dispatch or letter to General Burnside, severely criticizing your campaign before he had had an opportunity of understanding it at all, and just as he was on the point of joining your command. Will you state precisely when he did join your command?
Answer. He joined my command at Warrenton Junction on the morning of the 27th of August. He had reported to me, I think, by note, before he came up to Warrenton Junction. I do not now remember from what point, but somewhere quite near. His command joined our forces and reported to me personally at Warrenton Junction on the morning of the 27th of August.
Question. He, with his command, had prior to that time belonged to the Army of the Potomac under General McClellan, had they not?
Answer. I so understood.
Question. From the morning of the 27th of August, when he joined your command, until the close of the military operations spoken of in the charges and specifications, and to which you ha e deposed, he was your subordinate officer and subject to your commands, was he not?
Answer. Yes, sir.
Question. In one of your answers to the questions of the accused, you stated that you received from General Porter a request to clear away.