The judge-advocate then submitted the case to the court with the following remarks:
I will simply remark that this case has been thoroughly and most patiently investigated. A continuous session of some forty-five days sufficiently attests this. Indeed, the greater part of the evidence touching the more important and the more severely contested points has, by re-examination and cross-examination, been again and again impressed upon your minds, so that I now feel entirely satisfied that it is completely comprehended and appreciated by you in all its bearings.
Whatever, therefore, of inaccuracies of interpretation of testimony, and whatever of illogical deduction from it, many have found a place in the very elaborate defense of the accused, which has been read, may be safely left for their correction to the recollection and judgment of the court.
To prepare a written reply, in keeping with the gravity of this proceeding, to the argument of the accused, would require several days, thus involving a delay which it is most important to avoid. From this consideration, and from the urgent which exists for the services of members of this court in other and more active fields of duty, it is left that the public interests will be best subserved by asking, as I now do, that you will proceed at once to deliberate upon and determine the issued which are before you.
The court was thereupon cleared for deliberation, and having maturely considered the evidence adduced, find the accused, Major General Fitz John Porter, of United States Volunteers, as follows:
Of the 1st specification of 1ST CHARGE, "Guilty."
Of the 2nd specification of 1ST CHARGE, "Guilty."
Of the 3rd specification of 1ST CHARGE, "Guilty."
Of the 4th specification of 1ST CHARGE, "Not guilty."
Of the 5th specification of 1ST CHARGE, "Not guilty."
Of the 1ST CHARGE, "Guilty."
Of the 1st specification of 2nd CHARGE, "Guilty," except so much of the specification as implies that he, the accused, "did retreat from advancing forces of the enemy," after the receipt of the order set forth in said specification.
Of the 2nd specification of 2nd CHARGE, "Guilty."
Of the 3rd specification of 2nd CHARGE, "Guilty," except the words "to the Manassas Junction."
Of the 2nd CHARGE, "Guilty."
And the court to therefore sentence him. Major General Fitz John Porter, of the United States Volunteers, to be cashiered, and to be forever disqualified from holding any office of trust or profit under the Government of the United States.
There being no further business before them, the court adjourned sine die.