War of the Rebellion: Serial 017 Page 0907 Chapter XXIV. CAMPAIGN IN NORTHERN VIRGINIA.

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Question. Was it used by you?

Answer. We referred to that point.

Question. When did you first see the order of which you have spoken in your testimony-in-chief, that of 4.30 p.m. of the 29th of August, which directed the accused to turn the right flank and attack the enemy which directed the accused to turn the right flank and attack the enemy in the rear? You have been understood as saying that that was the effect of the joint order. That is not your meaning, is it?

Answer. It was the effect of the joint order as modified by me, when I left General Porter, so far as I had the power to modify that order, and so far as the understanding with which I left him at the time.

Question. Are you to be understood as saying that before you saw the order to General Porter of 4.30 p.m. of the 29th of August, you, under the discretion you supposed was reposed in you by the joint order to yourself and General Porter, had directed him to attack the enemy's right flank and rear?

Answer. To that effect, yes, sir; I knew I had that discretion; I did not suppose it. This is the clause under which I supposed, if you prefer that term, I had that discretion: "If any considerable advantages are to be gained by departing from this order, it will not be strictly carried out." That joint order contemplated General Porter's corps and my own to be employed differently from the way I had arranged when I left General Porter, which arrangement was to separate their, leaving him alone on the Gainesville road, whilst I went up the Sudley Springs road.

Question. Did you, under that joint order, suppose that you were authorized to take any part of General Porter's command, and place it in such a position that it would not have been in the power of his command to reach Bull Run that night or the following morning?

Answer. That question, if I understand it, did not come up in my mind. The order itself stated that one thing was to be held in view. I will read that part of the order. "One thing must be held in view-that the troops must occupy a position from which they can reach Bull Run to-night or by morning."

Question. Was it your understanding of that joint order of the 29th of August that you could, under that order, direct General Porter to take his command into a position from which that "one thing" could not be accomplished?

Answer. Certainly not. The order does not say that I should disobey the order, and that is what the question amounts to.

Question. Have you any recollection that, after you left the accused on the 29th, and took with you King's division, the accused sent a message to you, requesting that that division should be permitted to stay with his command?

Answer. I received no such message.

Question. Will you say whether, in consequence of a message or otherwise you sent a message to the accused, with your compliments, telling him that you were going to the right and should take King with you, and that he (the accused) should remain where he was for the present, and, if he had to fall back, to do so on your left?

Answer. I do not recollect.

Question. Are you able to say that you are certain that you did not send much a message?

Answer. That is my impression, that I did not.

Question. What distance did you march with that portion of your command which you took to the battle-field, from the point where you