War of the Rebellion: Serial 017 Page 0936 OPERATIONS IN N.VA., W.VA., AND MD. Chapter XXIV.

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mitted in evidence by the judge-advocate, read, and ordered to be filed, marked "Government Exhibit B, Nos. 1 and 2."

The prosecution here closed.

The accused said: I have a few remarks to make to the court before asking for a little time to enable me to enter upon my defense. I have made every effort possible to see my witnesses and to get in communication with them. I have failed in every instance. I have written to them. In some instances, my letters have reached them; in others, they have failed to do so. Their replies to me have reached me in only one instance. One of my own aides, whom I sent to the Army of the Potomac, has returned, but the letters that he sent to me some six or seven days since have not yet arrived. Those letters contain documentary evidence and information in relation to testimony that I desire to offer before this court.

I have also to add that the witnesses I desire to have summoned, with the exception, I think, of one or two now in town, have received no intimation whatever that they have been summoned. They are chiefly with the Army of the Potomac. In consequence of my inability to see my witnesses, my list is rather a large one, but I expect to be able to reduce it a great deal before the case is closed. The court must not be surprised, however, at the large number of witnesses I have given the judge-advocate. I have done so merely because I have not had an opportunity of seeing or communicating with any of them.

I have not yet been able to conclude my preparations to enter upon my defense. I therefore ask of the court a delay until Wednesday morning next. From that time forth I expect to be able to push matters forward.

The judge-advocate stated that the Government had issued summonses for some of the witnesses desired by the accused. It had, however, exercised its discretion in regard to others in active service, preferring to delay calling them from the field until they were actually needed here. He would make every effort now to have them sent for at once.

The court accordingly adjourned to 11 a.m. on Wednesday next.

WASHINGTON, D. C., December 24, 1862.

The court met pursuant to adjournment.

Present, Major General D. Hunter, U. S. Volunteers, Major General E. A. Hitchock, 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; 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 accused then addressed the court as follows:

May it please the court; Certain telegrams have been presented to this court as evidence of a spirit by which it is supposed I was actuated toward my commanding officer, Major General John Pope, during the time covered by the charges against me. Isolated as are those telegrams from all reference to surrounding circumstances, the orders accompanying them, or to any explanations, it is manifest that their true meaning and spirit can be but very imperfectly perceived.