Answer. I was ill for some time and unfit for duty, still retaining command of division until the 29th of August. After that time I was sick in Washington, and on leave from Adjutant-General's Office. Understanding that General Hatch, my successor, had made that report, I did not consider that one was required from me.

Brigadier General JAMES B. RICKETTS, U. S. Volunteers, a witness, was duly sworn.

The court was cleared.

The court was opened.

Question by the COURT. Were you commanding a division in General McDowell's corps on the 28th of August last?

Answer. Yes.

Question by the COURT. At what time did you reach Thoroughfare Gap on the morning of that day with your division?

Answer. I don't know the time of day. I do not know that it was in the morning; I think it was the afternoon.

Question by the COURT. Had you any orders from General McDowell in respect to your movements that day? If so, how were they communicated, and, when, and what were they? State fully and particularly

Answer. I received an order on that day to send a brigade and a battery of artillery to support Colonel Wyndham at Thoroughfare Gap and to push on the same place with the rest of my division. I do not know what hour of the day the order was received,but should judge some time in the forenoon. I was at the time with my division on the road from Buckland Mills to Gainesville and marched directly across the country by Hay Market. This order was brought to me by Captain Wadsworth, of General McDowell's staff, and was in writing. Somewhere between Hay Market and Thoroughfare Gap I saw Captain Leski, of General McDowell's staff, who gave directions to go to Thoroughfare Gap; he gave pretty much the same order, to go there and support Colonel Wyndahm at the Gap. That is all I recollect.

Question by the COURT. Can you produce the written order referred to?

The witness produced the order which is in pencil, dated August 28, and signed by Edmund Schriver, colonel and chief of staff. The recorder read the order, which is appended to the proceedings of this day and marked A.

Question by the COURT. On the 28th of August had you any communication with General McDowell designating his headquarters or where to communicate with him if any emergency should require it; and, if so, what was such communication?

Answer. I have a copy of an order sent to me, in which it is stated that General McDowell's headquarters would be at King's division.

The witness produced a copy of General Orders, Numbers 10, dated Headquarters Third Corps, Reynolds' camp, Army of Virginia, which order is the same as found in appendix B to the proceedings of the twenty-ninth day.

Question by the COURT. At what time did you receive the copy of Orders, Numbers 10, and was it before or after the order to go to Thoroughfare Gap, already produced by you?

Answer. I don't recollect the time. It must have been received before.

Question by the COURT. Did you have any engagement with the enemy at the Gap, and, if so, at what time?

Answer. I had an engagement in the afternoon of the 28th, which continued until dark.