By the COURT:
Question. Please state the condition of the work occupied by Battery L, Fifth U. S. Artillery, when it was taken .
Answer. The work occupied by that battery was not completed, two traverses were to be put up, and also a flank to one the lunettes. The woods in front of this outwork were being felled on Saturday up to the time that the enemy made the attack. It was my intention to clear the country in front of all the batteries of all the timber, at least 1, 500 yards in advance . This had been done to all the batteries and outworks excepting where battery L was, and I had to stop work there on Saturday on account of the general needing the men . If this timber had been cut down, the rebels would not have secured their position in front of that battery .
Question. Could the retreat have been made on the Berryville road? What do you know of the forces of the enemy on that road?
Answer. On Saturday afternoon, between 5 and 6 o'clock, I saw the rebels in large force crossing from the Sinsinsa road to the Berryville road, across that to a strip of woods that extended up to Redbug Creek . They seemed to have established their lines there from the Sinsinsa and Berryville road s to the Millwood road . Previous to this, and during the afternoon, I saw small parties of the enemy going in the same direction, who did not seem to return. Those forces I believe to have been Longstreet's, and I do not believe that we could have retreated by that road .
Question. When was the field work commenced in which Battery L was posted?
Answer. Some time in May, 1863 . I think it was some few days after the middle of the month .
Question. If this field work was deemed of importance to the defense of Winchester, why was it not commenced sooner?
Answer. Because we had not sufficient men to make the necessary details . The judge-advocate then informed the court that the next witness he wished to call was Major-General Schenck, but that he was not in attendance. The court directed the judge-advocate to address the following to General Schenck:
"COURT OF INQUIRY ROOMS, No. 212 F STREET,
" September 2, 1863-12, 30 p. m.
"Major General R. C. SCHENCK, U. S. Volunteers,
" SIR: I am directed by the court of inquiry to ask whether you are prevented from attending to-day, and to inform you that they are waiting to receive your testimony.
"I am sir, very respectfully, your obedient servant,
"ROBERT N. SCOTT,
"Captain Fourth U. S. Infantry, Judge-Advocate .
" Immediately after the above was dispatched, the following was received:
"WAR DEPARTMENT, ADJUTANT-GENERAL'S OFFICE, " Washington, September 2, 1863.
" Brig. General W. F. BARRY, U. S. Volunteers,
"President of Court of Inquiry, Washington, D. C.:
"SIR: The Secretary of War desires that you release Major-General Schenck from attendance before the court of which you are president, as soon as practicable .
"I am, sir, very respectfully, your obedient servant,
"E. D. TOWNSEND,
"Assistant Adjutant-General . "