Question. You mean done anything by daylight?
Answer. Yes, sir; by daylight that day - to have done anything that day.
Question. Did the battle cease immediately after daylight?
Answer. Yes, sir; the battle ceased about dark.
The examination of this witness here closed.
I might rely upon this testimony alone as entirely conclusive for my answer to the third specification of first charge now under consideration, but it is proper for me to say that in this testimony Colonel Marshall is supported by the clearest corroborating evidence.
In this connection I refer, in the first place, to the testimony of Major Hyland, which is found on pages 697 to 703 [995-997] of the record. Major Hyland belongs to the same regiment of observation, the Thirteenth New York Volunteers, of which Colonel Marshall is the commanding officer. Premising that Major Hyland, in his examination-in-chief, stated that his regiment and himself with it were employed as skirmishers to the front of General Morell's division from about 1 o'clock of the afternoon of the 29th until daylight of the next day, and that the Twenty-second Massachusetts and Berdan's Sharpshooters were placed on the same duty, and that he also stated, speaking of the enemy, that he could hear the commands plainly, as if forming in line, and that he also heard the movements of their artillery coming into position, I cite for the consideration of the court the whole of the evidence given by him under the cross-examination of the judge-advocate, and in reply to the subsequent questioning of the court. It is found on pages 701, 702, 703, [995-997] of the record, and is as follows:
Major GEORGE HYLAND, jr., called by the accused, and sworn and examined as follows:
By the ACCUSED:
Question. What is your position in the Fifth Army Corps, and what was it during the latter part of August?
Answer. I was major of the Thirteenth New York, the second regiment in the First Brigade of General Morell's division of General Porter's corps.
Question. Where were you on the 27th of August last?
Answer. I was with my regiment on the march from Kelly's Ford to Warrenton Junction.
Question. At what hour did your regiment arrive at Warrenton Junction?
Answer. They arrived there about dusk of the 27th.
Question. What was their condition as regards fatigue?
Answer. They were very much fatigued and worn out. They also needed provisions, as they had had no provisions that day to any amount.
Question. At what hour did you march the following morning?
Answer. About 3 o'clock.
Question. Where were you on the morning of the 29th of August?
Answer. On the march from Bristol to Manassas Junction.
Question. Where did you go from Manassas Junction?
Answer. We went on the Gainesville road; on a road to the front leading to Gainesville, I supposed; I did not know at the time what road it was.
Question. How was your regiment employed on the afternoon of the 29th?
Answer. It was employed as skirmishers.
Question. How as it situated with respect to your command - Morell's division?
Answer. We were to the front of Morell's division.
Question. How long were you so employed?
Answer. We were so employed from about 1 o'clock of the afternoon of the 29th until daylight of the next day, the 30th.
Question. What other regiments were engaged in the same duty?
Answer. The Twenty-second Massachusetts and Berdan's Sharpshooters were placed on our left in the evening.
Question. Was there any enemy formed in your front during that time?
Answer. There was.
Question. Do you know at what hour they commenced forming, or about what hour?
Answer. They commenced forming between 2 and 3 o'clock, I think.
Question. Do you know the route by which they came?