War of the Rebellion: Serial 017 Page 1108 OPERATIONS IN N.VA.,W.VA., AND MD. Chapter XXIV.

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and, after saluting me, say, in reference to the position which I then occupied, "Porter, this is no place to fight a battle; you are too far out already." Of course, the court does not doubt that we then rode away a short distance together to the right of the advance of my corps, and that we soon after parted, General McDowell to proceed toward the Sudley Springs road, and I to return to the position at which he first spoke to me after our meeting. I assume, also, that the court will believe that Colonel Locke, about half an hour afterward, heard from General McDowell's lips what he understood to be at the time he heard it a messages to me from General McDowell, directing me to remain where I was, and informing me that General McDowell would take General King's command along with him away from the position which he then held. General McDowell does not directly contradict either of these statements, being evidently careful not to do so, but he testifies that he does not recollect his opening remark to me, as above quoted, nor the message which, as coming from him, Colonel Locke delivered to me. On the other hand, General McDowell testifies that he, just as he parted from me, said to me, "You put your force in here, and I will take mine up the Sudley Springs road, on the left of the troops engaged at that point with the enemy," or "words to that effect." He adds, "I left General Porter with the belief and understanding that he would put his force in at that point."

It is not disputed any whether that, if he gave me the above-quoted direction,he meant by that I was to attack the enemy's forces then engaged with General Pope's left wing. Now, I state with all confidence to this court, that this testimony of General McDowell, first, the he did give me that direction so to attack, and that he left me understanding that I assented to it, and secondly, that he does not recollect his opening remark to me about my being too far out, and in no place to fight a battle, nor his message to me delivered by Colonel Locke in less than half in hour afterward - this testimony of General McDowell, affirmative and negative, constitutes, I affirm, the whole strength and entire substance of this prosecution. Day after day, before he took the stand, before he took the stand, I had broken down effectually, by cross-examination, every particle of the testimony of the Government witnesses, one by one, as they came up, which even appeared to have any perceptible tendency to make out a case against me. Yet, most strange to say, this peremptory order to attack, which General McDowell says he gave me, and that I assented to, and which it is not pretended that I carried into effect, or tried to carry into effect at all - this order to me, and my disobedience to it, is nowhere even hinted at in either of the two charges or eight specifications under them, which my accuser has so wantonly and wickedly spread out against me, and which I am now trampling down under my feet; and it is well; that this alleged order to me by General McDowell does not so appear charged or specified, for now I will demonstrate that he did not then give me, and cannot be believed to have given me, any such order. First, such order, if then given by him, was in the most flagrant and total contradiction of the first remark which I have proved upon him conclusively, by the positive and reiterated oath of two witnesses, both of whom - one my chief of staff, Colonel Locke, and the other General Morell's chief of division artillery, Captain Martin - swear that they heard him make the remark, and give in their testimony his very words, and stand in so swearing not only unimpeached but uncontradicted, while they perfectly corroborate each other. Secondly, this order to attack, which General McDowell says he gave me, is in flat contradiction