After some time the court was reopened, and the judge-advocate announced that the court had determined to receive such of the papers presented by the accused as appeared to be sufficiently authenticated.
Sundry papers were then presented, received, read, and ordered to be placed on file, marked, "Accused, Exhibit A, B, C, D, E, F, G, H, I, K, L, M, and N."
The accused here rested his case.
CHARLES DUFFEE was then called by the court, and sworn and examined as follows:
By the COURT:
Question. Will you state your position in the military service in August last, in connection with the campaign of the Army of Virginia, under General Pope?
Answer. I was detailed from the First Ohio Cavalry as a private orderly for Captain Pope.
Question. Are you in the service now?
Answer. I am not.
Question. Have you any recollection of having accompanied Captain Pope as his orderly on the 29th of August last, on the occasion of his bearing an order from General Pope to General Porter?
Answer. I have.
Question. Will you state all the circumstances connected the transmission of that order?
Answer. General Pope gave Captain Pope the order to carry to General Porter, and was telling him where he would find General Porter, when I spoke up, and told him that I knew the road myself; that I had traveled over it before. Thereupon he was satisfied for us to start with the order, which we did.
Question. What was the hour at which you left?
Answer. We started, as near as I can recollect, about half-past 4 o'clock, and went on at a pretty good gait until we came to General Porter's headquarters. Sometimes we were on a trot, sometimes on a walk, and sometimes on a canter, going about as fast as we thought our horses could travel.
Question. State what happened on the way.
Answer. We came across General McDowell, whom we expected to find at a certain place, and did find there. He told us exactly where we could find General Porter, and offered to send a guide with us. I said it was not necessary, as I knew the road myself. We went on until we came out on the Hay Market road, and there we found General Porter. Captain Pope delivered the order to him, and staid and talked some considerable length of time with him, I should judge from twenty minutes to half an hour, before we started to return. I should think, to the best of my judgment, that we occupied about an hour in going from General Pope's headquarters to where we found General Porter, which would make the hour of delivery about half-past 5 o'clock.
Question. Will you state what General McDowell said? Did he see the order or not?
Answer. He saw the order, and said that it was an important order.
Question. Could you tell at about what place on the road you met General McDowell?
Answer. We met General McDowell, I should think, not over 2 miles from General Pope's headquarters; not quite half way from there to General Porter's headquarters.
Question. Did you return with Captain Pope?
Answer. Yes, sir.