After some time the court was reopened, and the judge-advocate announced the decision of the court to be as follows:
The court determine that the protest shall be filed as a part of the history of the case, and of its action upon the question raised. While contemporaneous declarations of the intent with which a particular act was done are admissible, the rule is necessarily confined to declarations having reference to the act or acts sought to be explained. Declarations referring to other acts, not the subject of investigation, with a view of showing a general reputation or character for loyalty to duty, are not considered as embraced by the rule of evidence cited by the accused.
Lieutenant Colonel FREDERICK T. LOCKE was then called by the accused, and sworn and examined as follows:
By the ACCUSED:
Question. Will you state what position, if any, you held in General Porter's army corps whilst under the command of General Pope?
Answer. Assistant adjutant-general and chief of General Porter's staff.
Question. Have you any knowledge of an order having been received by General Porter from General Pope on the 27th of August last? If you have, state at what time it was received.
Answer. An order was brought to march to Greenwich. That order was received some time during the day; I cannot fix the time.
Question. Have you any knowledge of the accused having received another order on the evening of the 27th of August last?
Answer. Yes, sir.
Question. What was that order, and who brought it?
Answer. It was brought by Captain Drake DeKay. The order was to march to Bristoe Station.
Question. Do you remember at what time, according to that order, the march was to commence?
Answer. At 1 o'clock a. m. the next morning.
Question. When was the order received by the accused?
Answer. Very nearly 10 o'clock in the evening.
Question. Were you present at any time that evening when any report was made to the accused of the condition of the road?
Answer. Yes, sir.
Question. Do you remember what the report was? If you do, state it.
Answer. The report was, that the road was very much blocked, and that there were several very bad places in the road.
Question. Was the corps ordered to march; and, if so, at what time after that order was received?
Answer. It was ordered to march at 3 o'clock the next morning.
Question. At what time was the reveille that morning?
Answer. It was after 1 o'clock-between 1 and 2 o'clock.
Question. Do you know how far the corps had marched the day before, the 27th?
Answer. One portion of it had marched between 17 and 18 miles; the other portion had not marched quite so far.