War of the Rebellion: Serial 044 Page 0156 N. C., VA., W. VA., MD., PA., ETC. Chapter XXXIX.

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SEPTEMBER 3, 1863. The court met pursuant to adjournment. Present, all the members and the judge-advocate. The testimony given yesterday by Captain Powell was read over to him, and corrected. The president of the court then submitted the following order, which he had received since adjournment of yesterday:



Washington, September 2, 1863.

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VI. Paragraph VIII, of Special Orders, No. 346, from this Department, appointing a court of inquiry to investigate the facts and circumstances connected with the evacuation of Winchester, is amended as follows: Instead of the following words, "The court will report whether the orders of the General-in-Chief. in regard to the evacuation of Winchester were complied with ; and, if not, by whom they were disobeyed . It will also report whether the retreat of the command was properly conducted, and the public property suitably cared for ; and, if not, what officer or officers were in fault, " the following will be substituted:" The court will inquire into, and report, the facts and circumstances in regard to the evacuation of Winchester . "

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By order of the Secretary of War:


Assistant Adjutant-General .

Major General R. C. Schenck was again summoned to appear as a witness before the court, the summons being delivered through Lieutenant Colonel Donn Piatt, his chief of staff, who was present on his behalf. Lieutenant-Colonel Piatt replied to this summons as follow, viz:

"Mr. PRESIDENT: General Schenck, relieved from attendance as a witness yesterday, returned from Baltimore this morning, proposing to offer himself as a witness, if the court wish yet to examine him, if, in so doing, he forfeits no right to appear as a party interested in the investigation, proposing as he does to summon certain witnesses and have them examined . General Schenck, if the court determines to examine him as a witness, asks two hours to examine the telegrams and orders connected with this investigation . "The court was then closed for deliberation, and being opened, Colonel Donn Piatt was directed by the court to inform General Schenck that the court would adjourn until 11 a. m. to-morrow, to give him the time asked for, and to inform him that at that hour they would await his presence before them as a witness. Appendices E and F were read to the court by the judge-advocate, and filed in evidence . The court then adjourned to meet at 11 a. m. September 4, 1863 .


The court met pursuant to adjournment . Present, all the members.