him, that he intended or desired to prevent the departure of his corps with the Army of the Potomac to the Peninsula last spring, under the command of General McClellan, and to obtain a separate command for himself, with a view of promoting his personal interest of for any other reason? And, if you have, state the facts within your personal knowledge fully and particularly.

Answer. I'll state that I never have received any communication from General McDowell on this subject, nor do I know that he ever endeavored to separate his command from the army of General McClellan from any conversation I ever had with him. I would state to the court that I had a conversation with General McDowell, but it occurred during a social visit, and I doubt if it is a matter which the court should inquire into on this occasion.

Question by the COURT. Does the witness mean to qualify his answer?

Answer. Yes, I so intend it.

The court was cleared.

The court was opened.

Question by the COURT. In any conversation of General McDowell, heard by you at any time, did he admit or state, in substance, that he proposed to take or had taken any measures to separate his corps from the Army of the Potomac at the time referred to in the last question?

Answer. In no conversation that I have had with General McDowell or heard from him did I learn that he had ever taken or ever intended to take any measures to have his command separated from the Army of the Potomac at the time referred to in the last question.

In answer to a question by the court the recorder stated that the assistant adjutant-general at Headquarters of the Army had this morning informed him that a general would be ordered to report to General Schenck, with a view of having General Milroy at once relieved, that he may appear as a witness.

Brigadier General JOHN H. MARTINDALE, U. S. Volunteers, a witness, was duly sworn.

Question by General McDOWELL. About what time did McCall's division get into position on the right of General McClellan's army in front of Richmond in June last?

Answer. I cannot speak with entire accuracy, but, from the memory of the events connected with the arrival of that division, I think it was brought into position about one week before the army commenced to retire to the James River, which was on the 26th of June, the series of battles having commenced on that day at Mechanicsville, where McCall's division was first engaged.

The court was cleared.

The court was opened, and the court at 3 o'clock p. m. adjourned to meet to-morrow, January 24, 1863, at 11 o'clock a. m.

FIFTY-SECOND DAY.

COURT-ROOM, COR. FOURTEENTH AND PA. AVENUE, Washington, D. C., January 24, 1863.

* * * * * *

The recorder informed the court that he had heard nothing further respecting the matter of attendance before the court of Brigadier-General Milroy and Lieutenant-Colonel Locke, who have been summoned as witnesses.

The court was cleared.