Answer. It was mostly open. About 2 miles, or perhaps less, was over a country mostly open., with some woods, some bushes, and fields, and fences.
Question. Will you state what, in your opinion, would have been the result of the battle of the 29th of August if the accused had attempted to execute the order of 4.30 p.m. to attack the enemy on his right flank and in the rear, if he (the accused) had been defeated?
Answer. To have defeated General Porter in that attack would have required a large force of the enemy, which would have relieved the attack in front, and, I think, would have still resulted in a success to our side-to our army generally.
Question. Then, are we to understand you as saying that a failure of the attack contemplated by the other of 4.30 p.m., had it been made, would not have materially affected the fate of the day?
Answer. I have stated that, even if the attack had been made and had failed, it only could have failed by a very large force of the enemy attacking, it and that would so much have relieved the front as to have gained a success for the army generally.
Question. Are we to understand you as saying that the battle of the 29th of August terminated at any particular hour of the night of the 29th; and, if so, at what hour of that night?
Answer. I do not think I have mentioned any hour.
Question. Can you now tell at what hour of that night it terminated?
Answer. No, sir.
Question. How long after dark?
Answer. It terminated at that time when the flash is seen rather then the smoke.
Question. Are you of the opinion that the Sixty-second Article of War placed the accused, when you joined him on the 29th of August, under your immediate command?
Answer. I think I stated that it was at the suggestion of the accused that I, as his senior, took command of his force and my own. Of course, it was only under the Sixty-second Article of War that I could do so.
Examination by the accused here closed.
Examination by the COURT:
Question. In your own movements on the 29th of August, had you artillery, and did your artillery, if you had any, move with your other troops?
Answer. Yes, sir.
Examination of this witness was here closed.
Whereupon the court adjourned until 11 a.m. on Monday next.
WASHINGTON, D. C., December 15, 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. Volunteer; Brigadier General Silas Casey, U. S. Volunteers; Brigadier General James A. Garfield, U. S. Volunteers; Brigadier General N. 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 also being present.
The minutes of the last session were read and approved.