supposed it a settled matter that we were going back to Alexandria-were to be driven back-saying that it was just as well that the ammunition had gone where it belonged-in the direction where we were going. The expressions were of that kind. I cannot remember the exact words, but that was the substantial character of them. Those expressions, combined with the look and manner of the man, led me to that conviction; looked to me like those of a man with a crime on his mind. Those expressions attracted my attention, and probably led me to examine and look at the face and notice the eye and manner of the accused.
Question. Are you able to say now whether those expressions alone, without regard to what you supposed to have been the manner of the accused, would have led you to the opinion of the accused that you have stated?
Answer. I think the tone would have led me to that conviction. I cannot answer the question more distinctly than I have. The impression is all one. I will endeavor to make any further explanation if it is of any use.
Question. Are you to be understood as having said seriously that, if there was no human law to prevent it, you would have killed the accused, because of what had occurred at the interview of which you have spoken?
Answer. I am to be understood as having said that; that was the feeling I had at that time. I did not ride away from the accused with that feeling. I suppose it was aroused, perhaps, by the manner in which General Pope took my opinion in regard to the accused; I became more vehement, perhaps, and took a stronger expression.
Question. Will you state, as exactly as you can, what the accused said to you in relation to the sick and wounded?
Answer. I think his first expression was, that "it would hurt Pope, leaving the wounded behind." I then told him that they were not left behind; that positive orders had been given to General Banks in regard to it; that I had seen the order.
The examination by the accused here closed.
Examination by the COURT:
Question. In using the expression "traitor" in connection with General Porter, did the witness bear in mind the character of a traitor in connection with the definition of treason in law?
Answer. No, sir; it was, as I have said, a vehement, excited expression, founded on my conviction that General Porter was going to fail us; that it was him purpose to do so.
Question. Supposing that General Porter's corps had been at the junction of the Manassas Railroad with the road from Sudley Springs south, ont he 29th of August, at 5 p. m., how long would it have taken that corps to have reached the right flank of the enemy, had it been moved with promptness and rapidity?
Answer. I have never been over the country at that point; I only know the general character of the country. I should say that that was about 3 miles from the right flank of the enemy; and I think, from the nature of the country, as far as I saw it, it could have been accomplished, with activity, in an hour.
The examination of this witness was here closed.
Whereupon the court adjourned to 11 a. m. to-morrow.
WASHINGTON, D. C., December 12, 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,