Question. Do you mean at 1 o'clock on the morning of the 28th of August?
Answer. Yes, sir.
Question. At what hour of the 27th of August did you deliver this order to General Porter?
Answer. Between 9 o'clock and half-past 9 p. m.; I think about half-past 9; I could not say within a half an hour.
Question. had you any conversation with General Porter at the time in relation to the order to the execution of the order by him?
Answer. Yes, sir; some conversation.
Question. Will you please state it, as far as you can recall it?
Answer. I arrived, as I have said, about half-past 9 o'clock, at his tent, and found General Porter and two or three generals there-General Sykes and General Morell, and, I think, General Butterfield, though I am not sure whether he came in afterward or not. I handed General Porter the order, which he read, and then handed to one of the generals, saying as he did so, "Gentlemen, there is something for you to sleep upon." I then said that the last thing that General Pope said to me on leaving Bristoe Station was, that I should remain with General Porter and guide the column to Bristoe Station, leaving at 1 o'clock, and that General Pope expected him certainly to be there by daylight or relied upon his being there by daylight; something of that nature; those may not be the exact words; I only give to the best of my recollection, of course. General Porter then asked me how the road was. I told him that the road was good, though I had had difficulty in getting down on horseback, owing to the number of wagons in the road; but I told him I had passed the last wagon a little beyond Catlett's Station from this direction. I told him that as they were moving slowly, he would probably be up with them by daylight. I also stated to him that his infantry could take the railroad track, as many small squads of men had gone up that way. These small squads, I would state here, though I did not state that to General Porter, were stragglers from Hooker's corps; I should think some 600 or 800 of then, which we passed in going down to Bristoe Station; they all took the railroad track as the shortest and easiest road.
Question. What remark, if any, did General Porter make, either to you or to the generals with him, in reply to this statement in reference to the road and the expectation of General Pope?
Answer. He stated-I do not think to me-he spoke generally to all who were in the tent-that his troops had just got into camp; that they had been marched hard that day; that they would be good for nothing if they were started at that time of night; that, if their rest was broken, they would be god for nothing in the morning on coming up with the enemy.
Question. Did you, or not, make known to him that you were there for the purpose of conducting him under the order of General Pope?
Answer. I did.
Question. Did he, or not, at the moment, announce any purpose either to obey the order or not to do so?
Answer. I do not recollect precisely.
Question. From the remarks made by General Porter, in your hearing, in reply to these statements of yours, was or was not the impression made upon your mind that it was not his purpose to march in obedience to the order?
Question objected to by the accused.
The judge-advocate stated that he merely wished to arrive at the fact whether there was any determination made known to the witness in regard to this order in any was; he was not particular as to the form of the question to be asked.
The accused withdrew his objection.
Answer. There was no order issued to my knowledge, of course, one way or the