skirmishing was going on for some time, and as there was danger of our being cut off from the remaining portion of General McDowell's troops, or losing communication with them, General Bayard sent a detachment of cavalry to picket the Gainesville road beyond Gainesville. This was about 3 or 4 o'clock in the afternoon.

The cavalry of the enemy being still re-enforce don the north, General bayard desired me to find General Buford, who was on the south of us, on our left, to send him a regiment of cavalry to support him at Hay Market, and on my return I was again sent to General Ricketts for a couple [of] light pieces for a battery to take position on the heights at Hay Market. I remained with General Ricketts some time; it was getting toward dark, when General Ricketts stated that the would retire with his infantry and artillery to the high position between Hay Market and Gainesville, as he found it, so he said, too dangerous to remain near to the Gap, whilst he received reports from the Harris Light Cavalry that the enemy was crossing Hopewell, and also on the left. General Ricketts desired that the cavalry should cover the retreat of his infantry from the Gap to Hay Market. The retreat was finished, I should think, about 9 o'clock p. m.; that is about the time the rear of the infantry reached Hay Market. The division took position for the night between Hay Market and Gainesville.

The court adjourned to meet to-morrow, January 6, 1863, at 11 o'clock a. m.

APPENDIX.

A.

EXECUTIVE MANSION,

Washington, D. C., June 26, 1862.

Ordered:

I. The forces under Major-Generals Fremont, Banks, and McDowell, including the troops now under Brigadier-General Sturgis at Washington, shall be consolidated and form one army, to be called the Army of Virginia.

II. The command of the Army of Virginia is specially assigned to Major General John Pope as commanding general. the troops of the Mountain Department, heretofore under the command of Major-General Fremont, shall constitute the First Army Corps, under command of Major-General Fremont; the troops of the Shenandoah Department, now under General Banks, shall constitute the Second Army Corps, and be commanded by him; the troops under the command of General McDowell, except those within the city of Washington, shall form the Third Army Corps, and be under his command.

A. LINCOLN.

LORENZO THOMAS,

Adjutant-General.

THIRTY-SIXTH DAY.

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

Washington, D. C., January 6, 1863.

The court met pursuant to adjournment. Present, * * *, and Captain WLADISLAS LESKI,additional aide-de-camp, U. S. Army, the

* * * *

Question by the COURT. What is the distance through Thoroughfare Gap?

Answer. It is said to be abut 4 miles from the foot of the east to the foot of the west of the mountain.