Warrenton turnpike. Some of the brigades then marched west, south of that turnpike, in compliance with order that I gave them to engage on Reynolds' left. They were brought back from the place they had reached, which may have been the distances of the larger part of a mile, back to the Sudley Springs road. They then marched north on that road to the Warrenton turnpike, thence west on that turnpike a distance, perhaps of about a mile. If the distance from Bethlehem church to the Warrenton turnpike be assumed to be 3 or 4 miles, then my troops must have marched, before they came in contact with the enemy, between 5 and 6 miles. I should think to do it under those circumstances; sometimes the hours go very fast; sometimes they go very slowly.
The examined by the court here closed.
Examination renewed by the ACCUSED:
Question. Do you know now, or did you know when you left the accused on the 29th of August, if what has been called in the testimony Longstreet's corps had joined the enemy on the right, how far that would have extended their line to the right?
Answer. I do not know.
Question. Was there, between their right and the command of the accused, any road over which he could have marched his command, in order to comply with the order of 4.30 p.m.?
Answer. I do not know that there was. I do not know that there was not.
Question. Do you know whether the order of 4.30 p.m. required the accused, for the purpose of executing that order, to take with him his batteries?
Answer. As I said before, I recollect only the general import and purport of that order, which was to the effect that General Porter was to make an attack where I supposed he was going to make it when I left him.
Question. You have stated, if correctly understood, that the corps of the accused was one of the best on the field, consisting of artillery about as you supposed, of eight batteries and that the effect of that corps, with those eight batteries, upon the right flank and rear of the enemy, would have changed the fortunes of the day. Do you mean to say now that the fortunes of the day would have been changed if he had made the attack without his batteries?
Answer. I believe it would.
Question. Do you know what was the number of his infantry?
Answer . I only knew this; that he had what used to be his own division (then Morell's) and Sykes's division of regulars. I have been told that he had more than that; I did not know it at the time. I had seen his corps defiled; I had passed along by it. I had not counted the regiments, but I gained a general impression of his corps in that way. It struck me very favorably. I had known, the corps before. If you wish to know specifically if I knew the precise number of regiments, or the number of men, I did not know.
Question. Will you look at that order, dated 4.30 p.m., August 29, and set out in specification first of charge second, and say whether that order did not require the accused to use his batteries?
Answer. It so specifies: "Keep heavy reserves, and use your batteries."
Question. Now, as military man, will you say to the court whether, if he had made an attack with his infantry and without his batteries, and had been defeated he would not have been liable to the charge of having violated that order?
This question was objected to by a member of the court.
The accused stated, in support of the legal admissibility of that question, that upon various occasions, and in reference to various questions