War of the Rebellion: Serial 017 Page 0868 OPERATIONS IN N. VA., W. VA., AND MD. Chapter XXIV.

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Question. What were the results of the battle when the night closed in?

Answer. General Pope's troops, when night closed in, occupied quite a portion of the filed from which the enemy had been driven, and, in my opinion, although the battle was not a decisive one, the advantages of the day were in favor of General Pope's army.

Question. In view of what the army had accomplished during the battle of the day in the absence of General Porter's command, what do you suppose would have been the result upon the fortunes of the battle if General Porter had attacked, as ordered by the order of 4.30 p. m., either on the right flank or the rear of the enemy?

The accused objected to the question.

The court was thereupon cleared.

Some time after the court was reopened, and the judge-advocate announced that the court determine that the questions shall be answered.

Question. In view of what the army had accomplished during the battle of the day int he absence of General Porter's command, what do you suppose would have been the result upon the fortunes of the battle if General Porter had attacked, as ordered by the order of 4.30 p. m., either on the right flank or the rear of the enemy?

Answer. I do not doubt at all that it would have resulted in the defeat, if not in the capture, of the main army of the Confederates that were on the field at that time.

Question. What do you know, if anything, in regard to the order set forth in the fourth specification of the first charge, addressed by Major-General Pope to the accused, which was as follows:

HEADQUARTER ARMY OF VIRGINIA,

In the Field, near Bull Run, August 29, 1862-8.50 p. m.

Major General F. J. PORTER:

GENERAL: Immediately upon receipt of this order, the precise hour of receiving, which you will acknowledge, you will march your command to the field of battle of to-day, and report to me in person for orders. You are to understand that you are expected to comply strictly with this order, and to be present on the field within three hours after its reception, or after daybreak to-morrow morning.

Answer. I know that that order was dispatched to General Porter by an aide-de-camp or a staff officer of General Pope at about 8 1/2 o'clock in the evening of Friday, the 29th of August. I know that General Porter in person reported to General Pope on the field in obedience to that order, and that a part of his command was brought onto the field on the morning of the 30th.

Question. Do you know what part of his command he failed to bring upon the field under this order?

Answer. I do not know, of my own knowledge, what part of his command he failed to bring onto the field. I know that there were parts of his command that I did not see on the field during that day-the 30th August.

Question. Have you at any time had any conversation with the accused in regard to these orders?

Answer. I have not.