War of the Rebellion: Serial 017 Page 0920 OPERATIONS IN N.VA., W.VA., AND MD. Chapter XXIV.

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I believe, who brought it down, to have it sent by mail to General Burnside at Falmouth, and I delivered the original to him.

Question. And, in consequence of that, the original was not retained by you?

Answer. No, sir; it was not.

Examination by the judge-advocate here closed.

Examination by the ACCUSED:

Question. Do you recollect [handing witness original of dispatch] that particular part of the telegram as having been transmitted by you?

The portion referred to was read as follows:

Don't let the alarm here disturb you. If you had a good force, you could go to Richmond. A force should at once be pushed on to Manassas, to open the road. Our provisions are very short.

Answer. No, sir; I do not know as I do remember that, though I may probably have sent it.

Question. Can you state that there is any particular passage of that dispatch that you specially recollect having transmitted to General Burnside?

Answer. Yes, sir; where General Porter says that he can make what use of this dispatch that he pleases.

Question. You remember that?

Answer. Yes, sir.

Question. Did you, at any time, convey an intimation to the accused from General Burnside to the effect that General Burnside desired the accused to send him information by telegraph from time to time?

Answer. No, sir.

Question. Will you look at that paper [handing paper to witness], and say if it be the order of General Pope which is referred to and commented upon in the telegraphic message which has just been proved and placed upon record, and which was transmitted at the same time with the dispatch?

At this stage of the proceedings, the president of the court said that this court-martial had, up to this time, been pursuing a course never heretofore practiced by courts-martial, viz, the allowing the counsel for the accused to themselves address the court, being satisfied that it had tended, in many respects, to produce delay, he (the president of the court) was desirous of returning to the usual and established practice of courts-martial, and have the accused himself address the court.

The accused said that he hoped this court-martial would continue the practice heretofore adopted by it. He was ignorant of a large portion of the forms and technicalities of law, and unable himself to conduct his own case. Should this court determine to return to the old practice, he would necessarily be compelled to resort to the old system of writing out all his interrogatories to witnesses submitting his questions to them. That, he thought, would produce a great deal more delay than is now experienced. He believed the course now being pursued had conduced to a more rapid execution of the work before the court, and probably to the better administration of justice. He certainly had no desire to delay the proceedings in any way, and was as anxious as the court could be to do all that would enable it to speedily complete the business before it. He desired, as he knew the court desired, to have the truth brought out by this trial. But he was satisfied that, should the court