Question. Did you report the result of your inquires for Colonel McReynolds to major-General Milroy? If so, what was done after you made your report?
Answer. Before I returned from m y search after Colonel Mcreynolds, an orderly came to me from the general, stating they (meaning our force) had given up the fight, and were retreating . He told me that I should direct the troops to go still farther to the west of the road, and join him as rapidly as possible . I went with the troops then until I came in sight of the First Brigade ; Colonel Klunk was the senior officer there then, and I left him in command of the whole . We could see the First brigade very distinctly then probably three-quarters of a mile distant, and I ordered Colonel Klunk to join it as rapidly as possible . I told him I would join the general at once, and ask him to wait for him . I immediately reported to the general that I had been unable to find Colonel Mcreynolds, and reported the facts of my search . I reported the four regiments that I had found in good condition, and told the general that they were very near, and we had better halt until they came up . The general called General Elliott, Colonel Keifer, and several other officers about him, gave them the substance of my report, and suggested that they halt there . They were unanimous, I believe, in opposition to that suggestion . The general consented, and moved on .
Question. How far in the rear of the main body of the troops was Colonel McReynolds' brigade when the firing alluded to commenced; and was his brigade in good order, or together, and was in the position the commanding general designed it should be at that time?
Answer. They were at the regular interval from the Second Brigade ; to the best of my knowledge, the brigade was where General Milroy designed they should be, and they were marching in good order.
Question. What person other than resident citizens of Winchester left behind there when the place was evacuated?
Answer. Some settlers, wounded men, surgeons, and hospital attendants, and some officers ' wives.
Question. Was it, in your opinion, necessary and proper that these persons should be left at Winchester?
Answer. It was my opinion that it was necessary to leave the sick and wounded, and the surgeons and attendants. It was very proper, I thought, for the officers to leave their wives, under the circumstances.
Question. If General Milroy had halted his command, as he prossed, in order to wait for the other column, it would probably have brought on another battle?
Answer. I don't think it would. The court was then closed for deliberation, pending which, the following note was received (at 2 p. m.), viz:
"WAR DEPARTMENT, ADJUTANT-GENERAL'S OFFICE, ''Washington, September 2, 1863.
"SIR: The intention of the Secretary's order of this morning, in regard to General Schenck, was not properly conveyed in my note of this morning. It was that General Schenck should be released from attendance on the court to-day; he will be present to-morrow.
"I am, very respectfully, your obedient servant,
"E. D. TOWNSEND,
"Assistant Adjutant-General. "
The court then adjourned to meet at 11 a. m. September 3, 1863.