Question. Can you tell us who those officers were, as nearly as you can recollect?
Answer. General Pope was near by, and several officers of his staff.
Question. Try and recollect the names of any you can recollect.
Answer. I do not know as I can mention any names. There were five or six officers of his staff with him.
Question. You know, of course, who were the officers of his staff?
Answer. Yes, sir.
Question. Who were they, at that time?
Answer. Colonel Ruggles was chief of his staff officers.
Question. State the names of such officers of the staff as, from their avocations and positions on the staff, would have been likely to have been with General Pope at that time.
Answer. Colonel Ruggles, I think, was with General Pope at the time, and Captain Douglass Pope, I think, and Colonel Morgan and Colonel Welch; from their avocations they would have been most likely to have been there at that time. Several of the staff officers were absent-had been sent off.
Question. Were you up and awake and observant of the character of the night between the 27th and 28th of August?
Answer. I was up repeatedly on that night, and observed the character of it.
Question. Was there a moon that night?
Answer. My recollection is that there was no moon.
Question. Was it a cloudy or rainy, dark night?
Answer. It was cloudy at times, so as to be quite dark, and threatened, about 12 o'clock, to rain, so that I got up from where I was sleeping on the ground, found my wagon, and got into it, believing that it would rain.
Question. At that hour of the night how far could you distinguish in the darkness, without artificial light, the figure of a man, or of two or three men, or of a squad of men together?
Answer. My recollection is that I noticed, indistinctly, persons moving about in the night at very nearly 30 yards-perhaps at greater distances.
Question. Was it a night in which you could see the road plainly as you rode along at the hour you speak of, between 12 and 1 o'clock?
Answer. There is a special reason why I cannot answer that question, which is, that our camp was illuminated from the burning of the houses and cars at Manassas. During the most of the night, our camp was quite light from the flames, that continued all the night at Manassas, so that I cannot judge well whether I could have seen the road or not. I have only an impression upon that subject.
The examination by the accused here closed.
Examination resumed by the JUDGE-ADVOCATE:
Question. Do you, or not, undertake to state, positively, that the conversation between yourself and General Kearny could have been heard by any of the officers to whom you have referred?
Answer. I do not think it was heard, and I do not think General Kearny intended it to be heard. he was an old particular friend of mine, that I had served with a great many years, and was telling me of matters that had occurred down on the Peninsula, and giving me his opinion of officers there; and we had withdrawn from the others present.
Examination by the COURT:
Question. Where was General Porter's command about 6 p. m. on the 29th of August?