Question. Do you think if you were to hear it now you would recall it? Was it to the effect that intelligence had been received that the enemy was falling back through Thoroughfare Gap, or some other point?
Answer. I should not like to swear that it was that, because I do not recollect what it was.
The examination of this witness was here closed.
The accused then said: I desire to renew now the offer to the court of certain telegrams which have been excluded by the court when offered as declarations by me. I have now, as I trust, shown to the court that those telegrams are my official acts, done continuously in the performance of my duty, under directions so to do. I hope that in the quality and character of official acts, of which the Government has already spread two or three upon the record, the court will desire to receive the whole body of the dispatches which I offered in the opening of my defense. I understand that the court then decided not to receive them the proof I have offered, and I therefore again submit them.
The judge-advocate said: I think the character in which these dispatches were presented the other day has certainly been changed by the testimony submitted by the accused. General Burnside has stated here that he regarded these dispatches as official papers. As such, it seems to me but proper that they should be received. I therefore withdraw my objection to them.
The papers referred to were accordingly received, and ordered by the court to be placed on file.
The court thereupon adjourned to 11 a. m. to-morrow.
WASHINGTON, D. C., January 3, 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.
Lieutenant JAMES STEVENSON was then called by the accused, and sworn and examined as follows:
By the ACCUSED:
Question. State the regiment to which you belong, and the rank that you hold in it.
Answer. I am a second lieutenant of the Thirteenth New York Volunteers.
Question. Is that Colonel Marshall's regiment?
Answer. Yes, sir.
Question. Did you, on the 29th of August last, proceed from the left flank of General Pope's army to the position then occupied by your regiment?
Answer. Yes, sir.