War of the Rebellion: Serial 017 Page 1030 OPERATIONS IN N. VA., W. VA., AND MD. Chapter XXIV.

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was of such a character as would have delayed you in making that journey?

Answer. In answer to that, I would say that I now recall the fact that before coming to the wagons trains we lost our way.

Question. My question is based upon the supposition that you had passed over the road the evening before, and had had the acquaintance with the road which that would have given you.

Answer. It is impossible for me to answer that question. I know that, in consequence of the darkness of the night, we did lose our way. How it would have been if we had more thoroughly known the road, I cannot say. Question. Had you ever passed over that road by daylight?

Answer. No, sir; not the portion of it from General Porter's headquarters that night to the railroad. The other portion of it I know.

Question. You had not before passed over that portion of it where you lost you way that night?

Answer. No, sir; I did not go that way. I returned by a different route from the one which I went. I went directly form the ford at Cedar Run, or as nearly so as I could, in a direct line to the junction of the railway. General Porter's headquarters were situated a distance form that point, in a wood. I coming back, I tried to follow a direct road leading back to the ford, with out going to the railway junction.

The examination by the judge-advocate here closed.

Examination by the COURT:

Question. In the wooded part of that road, how far from you could you see wagons standing still?

Answer. I do not think I could have distinguished a wagon 5 yards of.

Question. How far could you have seen one in the open plain?

Answer. It was so very dark that I do not think that would have made any deference.

Question. With the night as it was, and with the wagons as they were, between 12 and 1 o'clock, would the movement along that road of troops in large masses have been practicable? I mean, of course, an orderly movement.

Answer. I do not know as I should answer that question. The court are more able to draw and inference that I am. I giver simply the facts. I can give my judgment if it is desired. I should think it would have been very difficult to move a body either of infantry or of cavalry over that road at night-almost impossible. They might have been marched in file, following each other in that way.

Question. How as to artillery?

Answer. Artillery could not have been moved without moving the wagons.

The examination of this witness was here closed.

The accused then stated that he was ready to present the telegrams, &c., from himself to General Burnside, together with other papers, which the court on Friday last agreed to receive. Copies of them were in the War Department, and it was not, perhaps, necessary to call witnesses to certify to the correctness of the copiers now presented.

The judge-advocate said that he had not had the papers in his possession, or he would have verified them by comparison with those in the War Department. It might be that the copies now presented were correct copies; no doubt they were; but, in a case so important as this, he did not wish to take the responsibility of receiving any papers unless they bore some legal ear-marks of authenticity.

The court wa thereupon cleared.