Lieutenant STEPHEN M. WELD recalled by the accused, and examined as follows:
By the ACCUSED:
Question. Having testified in chief that on the afternoon of the 29th of August you delivered to General Pope, in the presence of General McDowell, a message from General Porter, about 5 o'clock, state to the court any facts, not already stated, which make you certain that you are not mistaken in giving that testimony.
Answer. After I left General Hatch on that day, and while going to General McDowell, I met Captain Haven, of General McDowell's staff. I then went to General Pope, and after leaving him and going to the road, I looked toward our batteries, which were firing, and the sun shone right in my face, so that I could not see plainly at all. I remember that as distinctly as can be. And also I remember very plainly General Pope putting that message I gave him in his left-hand vest pocket. He was facing to the south, and General McDowell was facing about the opposite way. I am very positive about it, indeed. There was no one with General Pope then, except General McDowell.
Question. You know then, positively, the fact that when you delivered that message the sun had not set?
Answer. I am as positive as I can be. I know it.
Question. State the spot where you delivered the message, as you recollect it, if you can describe it.
Answer. It was north of what I supposed to be the Warrenton pike, and east of a road which I think is the Sudley Springs road; very near both roads. I would like to state that there might have been an orderly with General McDowell at that time; I am not positive about that.
Question. Are you entirely positive that, after your return to General Porter, you saw Captain Douglass Pope arrive?
Answer. No, sir; I cannot say that it was Captain Douglass Pope; I can only say that I am certain that a messenger from General Pope arrived.
Question. In other words, you are perfectly satisfied that your test many on that point, as given in chief, is correct?
Answer. Yes, sir.
The examination of this witness here closed.
The testimony in this case was here concluded.
The accused, in reply to the question as to how much time he desired to prepare his defense, stated that he desired the court to give him until Saturday morning next, at which time he would be prepared to lay before the court his defense in writing.
The court was thereupon cleared.
After some time the court was reopened, and the judge-advocate announced that the court had determined to grant to the accused the time requested, until Saturday morning next, to prepare his defense.
The court thereupon adjourned to 10 a. m. to-morrow.
WASHINGTON, D. C., January 7, 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 Rubus 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,