Examination by the COURT:
Question. How far from where the road on which you were traveling with the order from General Porter crossed the railroad did you find General Porter and deliver the order?
Answer. I cannot recall now. I have a very faint recollection of the road.
Question. You say you crossed the railroad?
Answer. I think I did, either that day or the next morning; but I am not positive now which.
Question. How far was General Pope, when you received the order, from the place where you found General Porter when you delivered to him the order of which you have testified?
Answer. I should think it was about 7 or 8 miles, as near as I can judge; may be a little more.
Question. Was, or was not, the order which you state you bore from General Pope to General Porter on the 29th of August the only one borne by you on that day to him from General Pope?
Answer. That was the only one.
The examination of the witness here closed.
Whereupon the court adjourned to 11 a. m. to-morrow.
WASHINGTON, D. C., December 11, 1862.
The court met pursuant to adjournment.
Present, Major General D. Hunter, U. S. Volunteers; Major General E. A. Hitchcock, U. S. Volunteers; Brigadier General Rufus King, U. S. Volunteers; Brigadier General B. M. Prentiss, U. S. Volunteers, Brigadier General James B. Ricketts, U. S. Volunteers; Brigadier General Silas Casey, U. S. Volunteers; Brigadier General James A. Garfield, U. S. Volunteers; Brigadier General M. B. Buford, U. S. Volunteers; Brigadier General J. P. Slough, U. S. Volunteers; and Colonel J. Holt, Judge-Advocate-General.
The accused, with his counsel, being also present.
The minutes of last session were read and approved.
Lieutenant Colonel THOMAS C. H. SMITH was then called by the Government, and sworn and examined as follows:
By the JUDGE-ADVOCATE:
Question. Will you state in what capacity you were serving in the Army of Virginia in its late campaign, under General Pope, in August last?
Answer. I was aide-de-camp on the staff of General Pope.
Question. Did you, or not, ont he 28th or 29th of August, carry any orders from Major-General Pope to Major-General Porter which concerned his movements on those days?
Answer. I did not.
Question. Did you, or not, see General Porter during either of the days of the 27th, 28th and 29th of August?
Answer. I saw General Porter on the afternoon of the 28th.
Question. At what place and under what circumstances did you see him?
Answer. I had been sent back to the ammunition on the train at Bristoe, and charged with its distribution. General Porter wished over 400,000 rounds; General