War of the Rebellion: Serial 017 Page 0872 OPERATIONS IN N. VA., W. VA., AND MD. Chapter XXIV.

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Question. Does the witness know whether, ont he 29th of August, it was a leading part of General Pope's plan of operations to fall back behind Bull Run, or immediately before that day, on the 27th or 28th?

A member of the court stated that General Pope himself, when on the stand, would have been the best witness of whom to have asked that question.

The accused stated that he would waive the question.

Question. Did it occur that the witness at any time, on or about the 27th, 28th, or 29th of August, made statements to General Pope touching the probability that General Porter would fail him, or touching the fidelity of General Porter to his duty as an officer?

Answer. After General Porter failed to march at 1 o'clock on the morning of the 28th of August, in compliance with General Pope's orders, it occurred to me that General Porter might fail General Pope, for the reason that I had never conceived that an officer who failed to obey so plain an order would do his duty. And when General Porter failed to attack on Friday, the 29th, when I expected he would attack, and when I know General Pope expected he would attack, that impression of mine was made still stronger that he would not do his duty. I may have suggested to General Pope my impression that he better not rely on General Porter; but I do not now recollect that I did state that to him.

Question. Is it true, in any event, that prior to the action taken by General Porter under the order of the 27th of August, the witness made any such statements touching the fidelity of General Porter to General Pope?

Answer. I made none prior to that time, and prior to that time I had felt convinced that General Porter would not only do his duty, but I was of the impression that he would do it as well as any officer in the army could do it.

Question. Then the grounds, and all the grounds, of any such unfavorable suggestions made by the witness, if any were made, are simply the judgment formed by the witness of the events with which General Porter was connected on the 27th and on the 29th of August?

Answer. They were not the only grounds, as, on the 28th, while at Manassas Junction, an officer of the army, a major-general, whose name it is not necessary for me to mention, in a conversation that I had with him, in which I mentioned General Porter and the high estimation in which I had held him, told me that I did not know him, and told me that he would fail General Pope. The disobedience of the orders, and this conversation, led me up to the opinion that General Porter was not doing his duty in good faith to General Pope.

Question. had you heard such unfavorable surmise or report concerning General Porter prior to the 28th of August?

Answer. I had not.

Question. Did you on that day hear it from any other person than the major-general to whom you have referred?

Answer. I do not remember that I did.

Question. We must ask you, then, to give us the name of this major-general with whom you had this conversation.

Answer. It was Major General Philip Kearny.

Question. Was any one present at that conversation between your-self and General Kearny, or during any part of it?

Answer. There were several officers in the vicinity; but General Kearny and myself were withdrawn, I think, at the time, some little distance from the other officers.

Question. Do you suppose the conversation to have been loud enough to have bee within the hearing of any one of the other officers?

Answer. It is possible that it was.