Question by General MCDOWELL. Was the battle of the 9th of August, at Cedar Mountain, brought on by the enemy or by General Banks?

Answer. In the early part of the day the battle was brought on (artillery battle) by the enemy's batteries opening from new positions on General Crawford's artillery. I had been directed by General Pope to send information to him hourly of what was going on; and as I had expressed to General Banks my opinion about 3 o'clock in the afternoon that Jackson had arrived the forces were very large, General Banks expressed a different opinion, saying that he thought he should attack the batteries before night. I state to General Banks then my reasons for believing that an attack would be dangerous; that I was convinced that the batteries both in Cedar and Slaughter Mountains were supported by heavy forces of infantry massed in the woods. He expressed a different opinion. he told me that he believed he could carry the field. His men were in the best fighting condition, and that he should undertake it. I immediately sent a dispatch to General Pope (I think my dispatch was dated half-past four), telling him that a general battle would be fought before night, and that it was of the utmost importance, in my opinion, that General McDowell's corps, or that portion of it which was between Culpeper and the battle-field, should be at once sent to the field. Rickett's division of General McDowell's corps was in the immediate vicinity of the crossing of the road leading from Stevensburg with the road leading from Culpeper to the battle-field, or about 2 miles from culpeper and about 5 from the battle-field.

The court adjourned to meet to-morrow, January 9, 1863, at 11 o'clock a. m.

THIRTY-NINTH DAY.

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

Washington, D. C., January 9, 1863.

the court met pursuant to adjournment. Present, * * *, and Brigadier General BENJAMIN S. ROBERTS, U. S. Volunteers, the witness under examination.

* * * * *

Major S. F. Barstow, assistant adjutant-general U. S. Volunteers, a witness examined yesterday, stated that in his testimony of yesterday he fixed the time when the shelling commenced toward Centreville at about 8.30 o'clock, and that it might have been later.

Brigadier General Benjamin S. Roberts, the witness under examination, desired to state, with reference to his testimony of the previous day, that such portion of it as reads (page 472)--

General Pope authorized me, before going to the front, to give any orders in his name to any of the officers that might be in the field senior to me.

Needs to be so qualified as to read that--

I was authorized to give any orders, so far as to carry out General Pope's views as had been expressed to me (General Roberts), in relation to holding the enemy there until his forces (General Pope's forces) could come up.

Question by General MCDOWELL. If General Banks had not attacked jackson in force on the 9th do you think Jackson would have attacked Banks?

Answer. I do not think Jackson would have attacked Banks in a position where he was first posted on coming onto the field. The position was exceedingly strong, and one which a small force, like General Banks', could have held against a larger one of the enemy. General Jackson's troops had made a long march that day, and I do not think they were in a condition to attack General Banks.

Question by General MCDOWELL. Is the witness to be understood that General Banks fought the battle on his own responsibility, and against witness' advice and the known expectation of General Pope?