have in the brigade to which you referred and how much was it reduced by the discharge of the two regiments whose time had expired? How many troops had General Banks under his command?

Answer. I cannot answer as to General Abercrombie any nearer that I have. I supposed that he had a brigade, but do not know its strength. From subsequent developments I should say that General Banks had about 17,000 men in Winchester and the valley of the Shenandoah.

Question by the COURT. Do you know of any communication addressed by General McClellan to the Government giving the number of troops left for the defense of Washington and their location? If so, state whether the forces in the valley of the Shenandoah and in Maryland were not included in said list, and whether such enumeration and assignment were not virtually adopted by the Government, and these troops relied upon for the defense of the capital?

Answer. I know nothing of it.

The court adjourned to meet to-morrow, December 18, 1862, at 12 o'clock m.

TWENTY-FOURTH DAY.

COURT-ROOM, COR. PA. AVE. AND FOURTEENTH ST.,

Washington, D. C., December 18, 1862.

* * * * * *

Lieutenant Colonel FREDERICK MYERS, aide-de-camp and assistant quartermaster, U. S. Army, a witness, was dully sworn.

Question by General MCDOWELL. What was your position on General McDowell's staff whilst he was in command in Virginia, during the present year, 1862?

Answer. I was his chief quartermaster.

Question by General MCDOWELL. Lay before the court such of your reports or returns as you may have at hand of property taken from the inhabitants of the country occupied by our troops when you were under General McDowell's command. State the amount and kind of stores taken, the amount paid for, if any, and the amount and kind for which claim was made on you for payment; and, if any payment was refused state the grounds for so refusing, and whether you paid any disloyal person or refused to pay any person; and, if so, state fully why you so refused.

The witness referred to a book, showing means of transportation, quartermaster's stores taken up, and colored fugitives from service employed.

Answer. I have no other returns than those contained in the book, for the reason that the others were captured by the enemy at Catlett's Station. I have no recollection of any stores being paid for except in one case, which was paid on my order by Captain Loomis, at Warrenton. It was to a loyal citizen, who voted against secession, as the records of the county clerk's office in Warrenton will show. He was one of the four who voted against secession in that county. His name I have forgotten. In taking stores, a certificate of that form was made out and issued to all the quartermasters.

(A form was handed the recorder and was read by the witness, and is appended to the proceedings of this day, and is marked A.)

The witness continued:

Here is a copy of an order to General Abercrombie.