War of the Rebellion: Serial 017 Page 0938 OPERATIONS IN N.VA., W.VA., AND MD. Chapter XXIV.

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telegrams and communications received from me during the march from Fredericksburg around to the Rappahannock?

Answer. I was General Burnside's chief of staff, and the telegrams messages passed through my hands, if not all of them, the greater portion of them.

Question. Will you state what opportunities you had of ascertaining my opinions and feelings, and of observing my acts while at Fredericksburg and beyond?

Answer. I was with General Burnside from the time of the arrival of General Porter's troops up to the time of their departure, and while on the road to join General Pope. In our intercourse with General Porter, he showed energy, activity, and enterprise, and a desire to push his troops as rapidly as possible to the army of General Pope.

Question. Where was I during the time that I was staying at Fredericksburg?

Answer. Your headquarters were at our own headquarters and we were constantly in communication.

Question. Do you know anything of the state of my health at that time?

Answer. Yes, sir; you were an invalid; but that did not thoroughly incapacitate your for the discharge of your duties.

Question. Did it seem to have any influence at all upon my activity?

Answer. I think not.

The accused stated that he desired to have this witness identify the telegrams to which he (the accused) had referred in his opening, as they were mainly known to this witness.

The judge-advocate said that there was no doubt that those telegrams bearing date during the time of the transactions now under investigation were admissible as evidence, but he asked the court to determine whether those bearing date prior to those transactions should be received.

The accused said that the telegrams presented by the prosecution could be properly interpreted only by the information contained in those now offered. The telegrams presented by the prosecution were introduced to show the animus of the accused, and, in order to fully and properly ascertain that animus, the court should have before them, not merely isolated telegrams, but also those sent just before and just after.

The court was thereupon cleared.

After some time the court was reopened, and the judge-advocate announced that the court, in view of the body of the dispatches now offered in evidence by the accused as having been sent by him, covering dates from the 23rd to the 31st of August, 1862, inclusive, determine, that they will not receive any of said dispatches except of the days of August 27, 28, 29 and 30, regarding the dispatches of those dates as parts of the res gestoe, in to which the dispatches of the accused have been given in evidence by the Government. All dispatches of those dates relative to the issues to be tried, will be admitted.

The accused gave notice that he should submit, at the next meeting of the court, a protest against this decision.

Examination resumed by the ACCUSED:

Question. Do you recollect the dispatches I now show you as one that I sent to General Burnside [handing witness a paper which the accused stated was the original, dated Warrenton Junction, 4 p.m. August 27,