Answer. I had supposed, as it had ben in Culpeper some time, that it belonged to McDowells', but I am informed to-day that it belonged to Banks.

Question by General MCDOWELL. Do you know if Crawford's brigade was not in Culpeper when Ricketts' division was between Culpeper and the Rappahannock?

Answer. I understood that it was. I had known that orders were sent to it at culpeper by General Pope before Rickets' division had arrived at Culpeper from the Rappahannock.

Question by General MCDOWELL. Do you know what cavalry was with Crawford's brigade when it was to the front of Culpeper?

Answer. Bayard's cavalry.

Question by General MCDOWELL. Do you know why General Sigel did not follow General Banks to the front on the 9th, as was arranged by General Pope?

Answer. I have no facts of my own knowledge why he did not.

Question by General MCDOWELL. Do you know if General Banks sent word back to General McDowell's troops of his intention to make a decisive movement on the enemy or that he would likely need their help?

Answer. I know nothing about it.

Question by General MCDOWELL. What orders, if any, did you carry to General Sigel on the 23rd and 24th of August, at Sulphur Springs, and on the 25th, at Waterloo Bridge?

Answer. On the 23rd I carried an order to General Sigel, who was at Sulphur Springs, that General McDowell's forces on that day would be on his right; that General Banks would support him in his rear and Reno on his left. On the 24th I carried him an order that he should throw immediately his forces across a little creek in front of him (thee ha been a flood the night before) and push the me to Sulphur Springs and drive any enemy that might be there across the river. General Pope wished that to be done with great dispatch, and I gave him the order that it was to be done forth-with, without waiting for his artillery to be crossed over. I informed him them that we were in possession of Warrenton, and that these was no enemy between his right and Warrenton; that General McDowell's forces had taken possession of that town.

On the 25th I bore him an order from General Pope to move all of his forces upon any enemy that might be on the Warrenton side of Waterloo Bridge, and to drive the enemy over the river and to hold the bridge until further orders. I told him that I directed General Banks, who was immediately in his rear and whom I just passed, to co-operate with him in this attack. At the same time I informed him that Buford's cavalry, with a battery, was on the Warrenton road in front of Waterloo Bridge and near it; that the order was imperative and urgent, and that he was to move forward forthwith and execute it at all hazards.

The court adjourned to meet to-morrow, January 10, 1863, at 11 o'clock a. m.

FORTIETH DAY.

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

Washington, D. C., January 10, 1863.

* * * *

A communication was received to the effect that Brigadier-General Roberts, U. S. Volunteers, the witness under examination, was too unwell to appear before the court this day.

Colonel EDMUND SCHRIVER, aide-de-camp, U. S. Army, a witness, was recalled.