War of the Rebellion: Serial 044 Page 0168 N. C. VA. W. VA., MD., PA., ETC. Chapter XXXIX.

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A report of the present condition of General Milroy's division, compiled by Captain F. A Palmer, aide-de-camp, was shown to General Schenck(see Appendix G), and he replied: This was made bi my authority, and I believe it to be correct. After this was made, it was found that a still greater number, bi, I think, some 200 or 300, could be accounted for ; and this, without counting teamsters and other retainers of the camp who escaped with the teams to Harrisburg or went to other points.

By the COURT:

Question. If General Milroy had promptly obeyed your order to him of the 13th day of June, 1863, to leave part of his forces at Winchester and withdraw the residue, what, in your opinion, would have been the result of his doing so upon the part left at Winchester?

Answer. I never instructed General Milroy in my peremptory order of the 13th, or at any other time, to abandon Winchester with a portion of his forces, leaving a part behind . General Schenck was then asked by the court whether he wished to make any further statements or explanations in reference to the facts and circumstances connected with the evacuation of Winchester . General Schenck replied as follows, viz:

I would never at any time, even with only Jone's and Imboden's forces in the Valley, have recalled a part of the division at Winchester, leaving a small force ; and still less, when a part of Lee's army, or the whole of it in force, came down upon the places as they did, to invest it . I would at any time have evacuated Winchester altogether or not at all . Indeed, if I had been free in good time to concentrate all my forces excepting a guard to be left upon the railroad, in view of an approach in great force, I would have concentrated at Winchester, where I believe I could have held Lee's army in front or outside of the fortifications until Hooker could come up, the main difficulty with Milroy in that connection having been the impossibility, with his division, of manning the whole of the works, which had been repaired and very considerably extended and multiplied since the occupation of the place before he was stationed there.

By the COURT:

Question. Do you know of any instance in which General Milroy disobeyed by neglect or otherwise any order from you relating to the evacuation of Winchester?

Answer. Numbers

The court then adjourned to meet at 12 m. Monday, September 7, 1863 .

TWENTY-SEVENTH DAY. SEPTEMBER 7, 1863 .

The court met pursuant to adjournment . Present, all the members and the judge-advocate . The testimony given yesterday by Major-General Schenck was read over to him and corrected . General Schenck then asked and received permission to have the following telegram appear upon the records of the court, viz:

WARRENTON JUNCTION, June 12, 1863 -7 p. m.

General WILLIAMS,

Assistant Adjutant-General:

A colored boy captured on the 9th states that Ewell's corps passed through Culpeper on Monday last, on their way to the Valley, and that part of Longstreet's had gone also . A second negro just across the river confirms this statement . I send a reconnaissance to find out the truth.

A. PLEASONTON,

Brigadier-General, etc.