He spoke of his men being out of rations, which, he said, were being issued then, and that they were very much fatigued. I told him that I should go on without waiting for him, and that he must follow as soon as possible, and do the best he could. I then went on with my staff, and, when I reached the battle-field, I met two brigades of my own division just coming out of action.
Question. During the whole of the period now in question, say the last two weeks of the month of August, were you in frank and habitual intercourse with the accused, and, therefore, cognizant of this plans, purposes, feelings, and doings?
Answer. I think I was. We were in daily intercourse during the retreat from James River, Harrison's Bar.
Question. Then, please to state when, where, and how, if at all, to the best of your knowledge and judgment, the accused ever failed during that period to exhibit all proper zeal and energy, first, to make junction, when ordered so to do, with the command of General Pope; and, second, to co-operate with that command in faithful duty against the enemy.
Answer. I do not think that he ever failed to do so. Whilst we were marching, he was constantly urging us forward, and was always attentive to see that our supplies were kept up as well as they possibly could be.
Question. Who headed the march of General Porter's corps on the march on the 30th of August?
Answer. I do not know, except from report.
Question. The order you have read directs you, among other things, to follow General Sykes. Do you know where that would have carried you?
Answer. It would have carried us to where the battle of the 30th was fought. Two of my brigades did follow him, and the third missed doing so in consequence of taking the necessary precautions to cover our rtreat on the morning of the 30th, when retiring from that position, which delayed us so that we lost sight of the brigades ahead of us.
The examination by the accused here closed.
Examination by the JUDGE-ADVOCATE:
Question. Will you state whether or not some portion of the command arrived at Warrenton Junction, on the 27th of August last, as early as 10 o'clock in the morning?
Answer. They did not, to my knowledge; none of my division did, I know.
Question. Do you know whether a portion of General Sykes' division did?
Answer. I do not know.
Question. You spoke of a portion of the troops arriving at a late hour in the afternoon of that day; will you state the latest hour at which they arrived?
Answer. Toward sunset, I think, the main body of them; there were some stragglers that came in later.
Question. How many miles had your brigades marched on the 27th of August?
Answer. As I stated yesterday, I think two of my brigades had marched 16 or 17 miles, and the other some 19 or 20 miles.
Question. Do you think that troops having marched from 12 to 18 or 19 miles a day, and rested seven hours, are not in a condition to make another march of 9 miles if there was any great necessity for it?
Answer. If that was their only marching, it could have been done. But we had