Question. Are you not satisfied that they proceeded down at once to the battle-field?
Answer. That is my impression, that they were going directly there, for there was firing very soon afterward; and later in the evening the cannonading was increased, and I supposed it was from the junction of these troops.
Question. From the position that you occupied, do you suppose they could have thrown a heavy force in the direction of the Gainesville and Manassas Junction road without your having observed it?
Answer. When I started on the road to Bristoe, and acted as the rear guard of General Ricketts' command. That force that I saw passing through Gainesville might, after passing through Gainesville, have turned off to the right toward Manassas Junction without my knowing it.
Question. Is not 800 men a very large average number for a Southern regiment? Is it not possible that you have overestimated the strength of those regiments?
Answer. They were large regiments. I have thought over the subject, and at that time I made a particular estimate, and I thought they were the largest regiments I had ever seen in motion.
The examination of this witness was here closed.
The court thereupon adjourned to 11 a. m. on Friday next.
WASHINGTON, D. C., January 2, 1863.
The court met pursuant to adjournment.
Present, Major General D. Hunter, U. S. Volunteers; Major General E. A. Hitchcock, 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; and Colonel J. Holt, Judge-Advocate-General.
The accused, with his counsel, was also present.
The minutes of the last session were then read and approved.
Colonel E. G. MARSHALL was then called by the accused, and sworn and examined as follow:
By the ACCUSED:
Question. Will you state what is you rank and position in the service?
Answer. Colonel of the Thirteenth New York Volunteers and captain in the regular service.
Question. Where were you on the afternoon of the 29th of August last?
Answer. I was on the road leading to Gainesville-the road from Manassas Junction.
Question. On what duty?
Answer. On duty with General Morell's division, in General Poper's corps, and commanding my regiment.
Question. Specify the character of the duty you were performing that afternoon.
Answer. About 1 o'clock I was detailed by General Porter to go with my regiment across and open country and a ravine to some timber that was facing our line of battle, and deploy skirmishers to find out the position of the enemy, and anything else that I could find out concerning them.