Examination by the JUDGE-ADVOCATE:
Question. Will you state whether at the time these dispatches were received from General Porter-say between the 26th and the 29th of August, inclusive-any of them excited in you mind the apprehension that General Porter might not be inclined to do his whole duty as a subordinate under the command of General Pope?
Answer. I received no such impression as that from the dispatches. I saw in General Porter's dispatches exactly what I heard expressed by a large portion of the officers with whom I happened to be in communication at the time-a very great lack of confidence in the management of the campaign. It was not confined to General Porter. I saw in his dispatches, and I told General Porter himself so, what may have been indiscreet language, but nothing that led me for one moment to feel that he would not do his whole duty. So much was I impressed with that, I consulted my chief of staff on two or three occasions in reference to forwarding those telegrams, and we both decided-I certainly decided without any impression that there was anything expressed in them more than a lack of confidence-to send them, because they were the only means of communication with General Pope that awe had. The President of the United States came to the telegraph office every morning at 7 o'clock, to request me to send him any information that I might have, and I did not feel myself authorized to withhold anything from him that would tend to give him a correct impression of what was doing on that line, and I sent the telegrams to General Halleck and to General McClellan-a copy to each.
The examination by the judge-advocate here closed.
Examination by the COURT:
Question. Was, or was not, General Porter under your command between the 26th and the 30th of August last?
Answer. I considered that General Porter was not under my command, positively, after he had been entirely relieved from all the duty of guarding the fords of the Rappahannock; but I also considered that, from the understanding that existed, he was under obligations to furnish me with all possible information within his knowledge. I had the impression that we were entirely disposed to co-operate with each other. So much so was this the case, that I had constructed, as rapidly as possible, a telegraph along the line of the Rappahannock, with a view of communicating with him, and I myself took the care of forwarding him his supplies, even after he had joined General Pope, because I had heard from him and from others that there was a lack of supplies; and after the last day there, I think he must have received a large wagon train sent by me for the purpose of supplying his command. I am not sure about the date, however. But I never lost the impression that I was in every way to assist him, and to keep in communication with him, as well as to assist General Pope in every way that I could. But I felt more under obligation to keep open communication with General Porter and the troops that had left my command.
Question. At how early a day did the accused express a want of confidence in General Pope?
Answer. I cannot locate the moment that I ever heard him verbally express that lack of confidence. I meant by my answer to convey the idea that I took the expressions in his dispatches to mean just about that much. It is altogether likely that he did express that lack of confidence verbally to me; but I meant to express the idea that it was a general impression. The first written dispatch from him containing any such expressions, I suppose, must have seen at the time that he reached Catlett's Station, and saw a large portion of the wagons going to the rear; if I mistake not, that is the first thing I can locate. There was one very striking expression which I noticed, that the trains were going very rapidly to the rear; but I have not seen those dispatches from that day to this.
Question. Would you recognize them if shown to you?
Answer. Yes, sir; I think I would. I had my private secretary make copies of some of them, and send them to the judge-advocate of this court. I did not examine the copies myself.
A dispatch from General Porter to General Burnside, dated Warrenton Junction, August 27, 1862, 4 p. m., was then shown witness, who examined it, and said, "This, I think, is the first dispatch I received