of the fearful perils which then menaced the Army of Virginia, to which they owed a common duty, is it not passing strange that during this interview the accused uttered not to the witness one word of kindness or cordiality, of encouragement or determination in reference to the sanguinary conflict in which the morrow was to involve them with a common enemy?
With this exhibition of the disposition of the accused toward the service in which he was engaged, I will proceed to review, as briefly as possible, the testimony in its bearing upon the charges and specifications of the record.
The order of General Pope, set forth in the first specification of the first charge, directed the accused, then at Warrenton Junction, to start at 1 o'clock on the morning of the 28th of August, and to march with his whole corps so as to be at Bristoe Station, distant 9 miles, at daylight. It recited that General Hooker had
had a very severe action with the enemy, with a loss of about 300 killed and wounded;
that the enemy were retiring along the railroad, and that it was necessary to drive them from Manassas and clear the country between that place and Gainesville. The urgency of the necessity under which the order was issued was further expressed in these words:
It is necessary, on all accounts, that you should be here [Bristoe Station] by daylight. I send an officer with this dispatch, who will conduct you to this place.
The order was delivered by the officer referred to (Captain Drake DeKay), at between half-past 9 and 10 o'clock of the evening of the 27th. On delivering it, he stated to the accused:
The last thing General Pope said to me, on leaving Bristoe Station, was, that I should remain with General Porter and guide the column to Bristoe Station, leaving at 1 o'clock, and that General Pope expected him certainly to be there by daylight.
General Hooker's command was out of ammunition, and an attack from the combined forces of Jackson and Ewell was expected early on the morning of the 28th, and hence the urgency with which this prompt and vigorous movement was pressed upon the accused. The order was not obeyed.
The march, according to several of the witnesses, did not being until daylight. Captain DeKay, who acted as guide, and moved at the head of the column, states that he was waked up just at dawn, and that he breakfasted before the march began. Captain Monteith, called by the accused, when asked if, in point of fact, the march commenced before daylight, replied:
I think it was about dawn of day.
General Sykes, also a witness of the accused, deposed that his division, led on that morning; that he generally allowed from one and a half to two hours between reveille and the advance; that on the morning of the 28ty, the reveille was beaten from 1/4 to 1/2 past 2 o'clock, and that the advance was sounded as soon as they could distinguish the road, thereby evidently referring to the dawn of day. General Pope, having been asked whether, on the receipt of certain from the accused, the latter was on his march in obedience to the order of the 27th of August, answered:
I do not know that he was. On the contrary, from a note I had received from him, I did not understand that he would march until daylight in the morning.
While the weight of the testimony is to the effect that the troops did not move forward until daylight, none of the witnesses represent them as