War of the Rebellion: Serial 017 Page 0924 OPERATIONS IN N.VA., W.VA., AND MD. Chapter XXIV.

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Examination by the ACCUSED:

Question. State, if you have any recollection, whether you sent a message to the accused, and, if so, when, that General Burnside, requested that the accused should give him any information he had of what was going on.

Answer. General Burnside often asked me whether I had any information from the Army of Virginia, that is, General Pope's army. I wrote a note to General Porter, requesting him to send all information he could gain, for the benefit of General Burnside.

Question. Where was General Burnside at that time with his own corps?

Answer. At Falmouth.

Question. Where was your telegraph station-near General Burnside?

Answer. I should think 15 or 20 miles from General Burnside's headquarters.

Question. Will you state whether the request of General Burnside, which you communicated to the accused by a message, was communicated to the accused before the date of the dispatch to which you have just testified?

Answer. I do not remember.

Question. Will you state whether you received from the accused, to be transmitted to General Burnside, any message after the message dated "Bristoe, 29th, 6 a.m.," to which you have testified?

Answer. I am not positive, but I think I did.

Question. If any, can you tell how many?

Answer. I cannot.

The accused stated that until the purpose was stated for which those messages were offered, he must object to them as irrelevant.

The judge-advocate said that he thought the purpose was very obvious. It was simply to show the animus of the accused toward his commanding general at and about the time the acts of disobedience on the part of the accused are alleged to have taken place. The judge-advocate thought these dispatches would furnish most important light to enable the court to give a true interpretation

to the alleged acts of disobedience, and also to properly understand their spirit.

The accused withdrew his objection.

Examination of the witness resumed by the JUDGE-ADVOCATE;

Question. Will you look at the paper I now show you [handing witness a paper], and which purports to be a copy of a dispatch from the accused to Major-General Burnside, dated "From advance, 11.45 p.m." and state what you know, if anything, in regard to its having been transmitted over the wires?

Answer. I sent that dispatch, or one so near like it that I cannot tell the difference.

Question. Do you, or not, remember whether the original was in the handwriting of the accused?

Answer. I do not remember.

Question. Do you recollect the rank or the name of the officer by whom it was brought to your office?

Answer. I believe it was a private-an orderly. I do not recollect his name.