War of the Rebellion: Serial 044 Page 0152 N. C. VA., W. VA., MD., PA., ETC. Chapter XXXIX.

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convening the court until last night . He was surprised to find, on reading the order, that he is a party whose conduct is to be investigated, and, under the circumstances, proposes, without disrespect to the court, to occupy the time between this and noon to=morrow in preparing for the extraordinary position in which he is placed. " To this message the court returned the following reply:

"COURT OF INQUIRY,

"Washington, September 1, 1863-1, 30 p. m. "

Major General R. C. SCHENCK, U. S. Volunteers:

"SIR: I am directed by the court of inquiry to inform you that you have been day summoned before them as a witness ; that they are now waiting to receive your testimony, and that your presence is required without delay .

"I am sir, very respectfully, your obedient servant,

"ROBERT N. SCOTT,

" Captain Fourth U. S. Infantry, Judge -Advocate .

"At 2, 20 p. m. no response had been received from General Schenck, (who was in the city), and the court adjourned, for want of witnesses, to meet at 11 a. m. September 2, 1863 .

TWENTY-THIRD DAY . SEPTEMBER 2, 1863.

Court met pursuant to adjournment . Present, all the members and the judge -advocate . The testimony given yesterday by Lieutenant Colonel McKellip was read over to him, corrected, and he made the following explanation: In addition to the loss of 1 commissioned officer, as stated, I will add, that our chaplain and assistant surgeon were captured . In reference to the disorganization of the Sixty-seventh Pennsylvania Regiment, I mean to say, that they had dwindled down very n=much, for the reason I afterward stated. In explanation of the loss in our regiment, I wish to state that it was owing to the march on Saturday from Berryville, which was very severe ; we marched that day some 30 miles. The loss of sleep on Friday, Saturday, and Sunday nights, and the hard march of Monday completely exhausted my men, and those who fell out of the ranks from exhaustion were picked up by rebel cavalry, and that was our principal loss in the retreat, and amounted to some 130 men, including our loss at the Opequon . Captain W. A. POWELL, First Virginia Cavalry, a witness called by the court, being duly sworn, says:

By the JUDGE-ADVOCATE:

Question. What was your position of General Milroy's staff during the recent attack on, and retreat from, Winchester?

Answer. Chief engineer.

Question. What do you know of the reconnaissance made by Captain Morgan, of the Twelfth Pennsylvania Cavalry, on Sunday, the 14th of June 1863?

Answer. I saw Captain Morgan go out to the Pughstown road on Sunday morning between 9 and 10 o; clock. Some time after noon, I saw him come back on the Romney road . He came into the main fort, and reported to General Milroy that he had made a reconnaissance, and there was no enemy out there, and no indications of the enemy . When Captain Morgan was returning, I saw him before he got to our pickets, and I saw that he had no flankers out . This is all I know about Captain Morgan .