In compliance with this communication, General Schenck released from attendance as a witness. Lieutenant Colonel J. LOWRY McGEE, Third Virginia Calvary, a witness called by the court, being duly sworn, says:

By the JUDGE-ADVOCATE:

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

Answer. I was acting as inspector-general of his division .

Question. What orders or instructions, if any, did you deliver to Colonel McReynolds, commanding officer of the Third Brigade, after the retreat was determined on, and before it commenced?

Answer. I did not give him any orders or instructions.

Question. During the retreat, what orders or instructions, if any did you carry or attempt to Colonel McReynolds?

Answer. I was ordered by General Milroy to go to the rear, and order Colonel McReynolds and all other troops to pass to the left of where the engagement was going on, and I was ordered to hasten them by . I passed to the rear some three-fourths of a mile, and saw stragglers along the road, of whom I inquired for Colonel McReynolds . I heard nothing of him until I got to a run across the road, about three-quarters of a mile from the battle-ground, where I learned that some troops had filed to the west of the road. I started in that direction, probably half a mile from the Martinsburg road. I came to the First New York Cavalry . I found Major Adams, and inquired if he knew anything of Colonel McReynolds . He replied that he had been hunting him for the last half hour, and could get no tidings of him . He said he had sent two orderlies, one of whom had returned, and the other had not. He asked d me then if I had any orders . He was then just in rear of the One hundred and sixteenth Ohio, and I ordered him to follow that regiment . I then passed on to the One hundred and sixteenth Ohio, saw Colonel Washburn, and gave him the direction he should march in, and told him that if he should become separated from the command, our object was to go to Charlestown, and that he should take that direction . I told him that the First New York Cavalry would be under his command . I could not find Colonel McReynolds at all . I inquired of the commanding officers of our regiments, one of which belonged to his command, and none of them could tell me where he was, or had seen him since the fight commenced . I only found one regiment of his brigade, and that was the First New York Cavalry .

By the COURT:

Question. Do you know personally of any orders having been sent by others from general Milroy to Colonel McReynolds? If so, please state what they were .

Answer. The General gave instructions to some three other staff officers in my presence to go to Colonel McReynolds and other troops who might be in the rear, and instruct them to hurry past ; that he was only fighting there to allow them to pass . I heard him tell Lieutenant McCracken to go and see if he could find Colonel McReynolds. I do not think we gave him any orders to carry him . This was early in the engagement . When the first heard firing, I was with the general, at about the center of the Second Brigade, where we saw Colonel McReynolds, who was not with his own command . The general asked him where his command was, or how it was, or something of that kind . He replied, I think, that it was "all right . " The general said, " You ought to be with your brigade . " This conversation may have occurred just before the firing commenced. Just before we left Colonel McReynolds, the firing had commenced, and General Milroy said, " Hurry up your brigade, colonel . "Colonel McReynolds then started to the rear, and we started to the front, and I saw nothing more of him until we got to Harper's ferry .

Question. How long was the fight maintained for the purpose of allowing Colonel McReynolds' forces to come up and pass by?

Answer. I don't know how much longer . I should think, though, at least thirty minutes ; about as long again as it would have lasted otherwise.