War of the Rebellion: Serial 017 Page 0931 Chapter XXIV. CAMPAIGN IN NORTHERN VIRGINIA.

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WASHINGTON, D. C., December 19, 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.

There being no witness in attendance, the court adjournment until 11 a.m. on Monday next.

WASHINGTON, D. C., December 22, 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 judge-advocate said he had been unable to secure the attendance of a witness by whom he desired to prove the receipt, by the accused, of the order of General Pope, dated 8.50 p.m., August 29, 1862, in accordance with which order the accused had reported the next morning.

The accused admitted the receipt of the order referred to, but stated that he should introduce testimony to prove that the order was not delivered to him until 3.30 a.m. on the 30th of August.

Colonel BENJAMIN F. SMITH was then called by the Government,and sworn and examined as follows:

By the JUDGE-ADVOCATE:

Question. Will you state you position in the military service of the United States?

Answer. I am a captain of the Sixth Regular Infantry, and colonel of the One hundred and twenty-sixth Regiment of Ohio Volunteers.

Question. Will you state to the court whether you were serving with any part of the Army of Virginia, commanded by Major-General Pope, on the days of the 27th, 28th, 29th, and 30th of August last; and, if so, in what brigade and division?

Answer. I was serving in Colonel Chapman's brigade, of General Sykes' division.

Question. In what direction did that brigade march on Friday the 29th of August last?

Answer. We had marched from Fredericksburg by way of Warrenton Junction, and arrived at Manassas Junction, I think, on the 29th of August, the day before the battle of Bull Run. We arrived exactly at the place where the railroad had been destroyed; the wreck of the train was there, and there we halted. Later in the day, in the morning, we retraced our steps to the branch railroad running, I think, toward Gainesville or Manassas Gap, and followed the direction of that road some few miles. We then halted on some rising ground, where we could see the country beyond, over