War of the Rebellion: Serial 017 Page 1046 OPERATIONS IN N. VA., W. VA., AND MD. Chapter XXIV.

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Question. Do you remember about the hour that you first saw General McDowell on that afternoon?

Answer. I think it was about half-past 5, or between that and 6 o'clock in the afternoon.

Question. And at what point?

Answer. I had been visiting the left of our line in the front, and was returning to the point where I had established my headquarters, when I met General McDowell on the Warrenton pike, I think a little west of where the Sudley Springs road comes into the pike.

Question. Will you state what opportunity General Porter had, previous to and at the time the dispatches from him to General Burnside, which have been read in evidence here by the Government, were written, to know the condition of the Army of Virginia, and was the information in regard to that army,as given in those dispatches, correct?

The accused objected to the question.

The court was thereupon cleared. After some time the court was reopened, ad the judge-advocate announced the decision of the court to be that the question shall not be answered.

The examination by the judge-advocate here closed.

Examination by the ACCUSED:

Question. Have you any recollection that, having met General McDowell on the afternoon or evening of the 29th, you had any conversation with him as to the movements of any portion of his own command?

Answer. I think I had not. I do not remember. I think the orders that I gave to General McDowell I sent to him by aides. I had a moment's conversation with him on the road when I first met him, but I do not remember what it was about.

The examination of this witness here closed.

The prosecution here rested their case.

The accused asked permission to call two witness to testify to certain points in the rebutting evidence.

The court was thereupon cleared. After some time the court was reopened, and the judge-advocate announced that the court decide that the request of the accused be granted.

Lieutenant Colonel FREDERICK T. LOOKE was then recalled by the accused, and examined as follows:

By the ACCUSED:

Question. When you received the message, to which you have testified, from General Porter for General King, were you at once impressed with importance of that message-its special importance at that time?

Answer. I was.

Question. Why?

Answer. Because, first, I knew that General King was to operate with our corps that day; I knew that, because I had received the order to General Porter from General Pope in the morning, at the hands of General Gibbon, in which General Porter was directed to move toward Gainesville, and take General King with him. General King being in the rear of our column, I presumed from his position, and thinking, from the operations that were going on, that we were going to have a fight, that he would be in reserve. Therefore, when General Porter gave me that message, I presumed that it was to hold General King where he was, so that he could act in cooperation with the rest of the command in case it was necessary.