WASHINGTON, D. C., December 18, 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. Volunteers; 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, was also present.
The minutes of the last session were read and approved.
The joint not addressed to Generals McDowell and King, referred to in the testimony of Major-General Pope and set out on page 116 of the record, was admitted by the accused to be the note he sent to Generals McDowell and King, and the original on file before the court to be in his own handwriting.
Lieutenant Colonel FREDERICK MYERS, was then called by the Government, and sworn and examined as follows:
By the JUDGE-ADVOCATE:
Question. Will you state to the court in what capacity you served in the Army of Virginia, under Major-General Pope, during its late campaign in July and August last?
Answer. I was chief quartermaster to General McDowell.
Question. Where were you on the night of the 27th of August last?
Answer. I was with the trains of the army, about mile and a half from where General Hooker and his battle on the 27th.
Question. Did you, or not, receive any instructions from General Pope, on that day, relating to your train along the road from Warrenton Junction to Bristoe Station? If so, state [what] they were.
Answer. I was ordered to move the trains in rear of General Hooker. Just before dark General Pope, with his staff, rode up, and I reported to him that General Hooker was in action ahead of me, and asked him if I should go into park with my trains. He replied that I could to so, or go on, as I thought best.
Question. What did you do? Did you go into park, or did you continue on?
Answer. I went into park, and gave directions to all the quartermasters to go into park.
Question. At what hour on the following morning were those trains upon that road put in motion?
Answer. The head of the trains commenced moving just at daylight.
Question. What was the condition of the road between Warrenton Junction and Bristoe Station at that time, so far as regards the passage of wagons, artillery, &c.?
Answer. It was in excellent condition at that time.
Question. Do you remember the character of that night-the night of
the 27th of August? If so, will you please state it?
Answer. I was up nearly all that night. It was quite dark; there was no moon.
Question. Did the night change in its character toward the morning, or was it the same throughout?
Answer. It was a dark night. I could not state about it toward morning particularly.