and also to appoint one or more major-generals to examine this case, and ask the court to defer further proceedings until this application shall have been acted upon.
R. H. Milroy,
August 14, 1863.
P. S. -The War Department has the above-mentioned application under advisement, and I have good reason to believe that I will have an answer to-morrow morning. The court was then cleared and closed, and, after mature deliberation, determined to grant the request of Major-General Milroy. He was then called into court, and informed that his request was granted. The court then adjourned to meet at 11 a. m. August 15, 1863.
Washington, August 15, 1863.
The court met pursuant to adjournment. Present, all the members and the judge-advocate. After mature deliberation, the court decided as follows, viz:"The court as at present constituted, and in view of the order by which it is assembled, and under which it is to act, does not consider that Major General R. H. Milroy, of any other officer, is entailed to the right of challenge, and that it should, therefore, be sworn, and at once proceed to business. " Major-General Milroy, U. S. Volunteers, was called into court, notified of this decision, and informed that would be called upon as the first witness, and would be allowed to be present during during the examination of other witnesses. The court was then duly sworn by the judge-advocate, and the judge-advocate by the presiding officer, in the presence of Major-General Milroy. General Milroy then submitted a protest, which was read to the court, and was by it ordered to be attached to the record. (See Appendix A.) The court then proceeded to the investigation of "the facts and circumstances connected with the recent evacuation of Winchester by the command of Major General R. H. Milroy, U. S. Volunteers. " The judge-advocate offered in evidence the following telegrams from the General-in-Chief to Major General ROBert C. Schenck, U. S. Volunteers, concerning the evacuation of Winchester, Va., viz:One of January 5, March 16, April 30, May 2, 8 and 29, June 8 and 11, and two of June 15, 1863. These telegrams were road to the court and filed in evidence . (See Appendix B.) The judge-advocate also read to the court and filed in evidence the official report of recent operations about Winchester, made by Major General R. H. Milroy to Major General R. C. Schenck, U. S. Volunteers. (See Appendix C.) The judge-advocate then asked and received authority from the court to employ a phonographic reporter to assist him in recording testimony. He also asked that the court would adjourn for that purpose until Monday next. The court then adjourned to meet at 11 a. m. Monday, August