War of the Rebellion: Serial 044 Page 0090 N. C., VA., W. VA., MD., PA., TEC. Chapter XXXIX.

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on application to the Adjutant-General's Office, that Major-General Hitchcock had been relieved from duty on the court, and that Brig. General G. A. De Russy, U. S. Volunteers, had been detailed as a member of the court in his place, but the judge-advocate had not received a copy of the order. Immediately on receipt of this information, the judge-advocate, by order of the court, telegraphed to Brigadier-General De Russy, at the Arlington House, informing him where the court was sitting and at what hour . The court then adjourned to meet at 11 a. m. August 13, 1863.

Sixth day.

August 13, 1863.

The court met pursuant to adjournment. Present, Brig. General W. F. Barry, U. S. Volunteers; Brig. General J. J. Abercrombie, U. S. Volunteers; Captain R. N. Scott, judge-advocate. At 11, 30 a. m. the judge-advocate received and submitted to the court the following order, viz:

Special Orders, No. 354.

War Department, Adj. General 's Office, Washington, August 10, 1863.

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XVI. Major General Hitchcock, U. S. Volunteers, is hereby relieved from duty as a member of the court of inquiry instituted by Special Orders, No. 346, August 4, 1863, from this office, and Brigadier General G. A. De Russy, U. S. Volunteers, is detailed as a member of said board in his place.

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By order of the Secretary of War:

E. D. Townsend,

Assistant Adjutant-General. Brigadier-General De Russy not having reported at 12m., the court adjourned to meet at 11 a. m. August 14, 1863.

Seventh day.

Washington, August 14, 1863.

The court met pursuant to adjournment. Present, Brig. General W. F. Barry, U. S. Volunteers; Brig. General J. J. Abercrombie, U. S. volunteers ; Captain R. N. Scott, judge-advocate. Brigadier -General De Russy informed the court that he did not receive the order detailing him as a member of the court until 1p. m. August 13, 1863. Major General R. H. Milroy, U. S. Volunteers, and his counsel, Mr. John Jolliffe, being present, the special orders (Nos. 346 and 354), appointing the court, were read to him, and general Milroy was asked if he had any objection to any member named therein. In reply, he read the following communication to the court, viz:

Brig. General J. J. Abercrombie,

Brig. General W. F. Barry, and

Brig. General G. A. de Russy, Composing the Commission under Special Orders, No. 346:

Gentlemen:I ask leave to advise you that I have this day applied to the Honorable Edwin M. Stanton, Secretary of War, to modify

tho order of preference in this case,