There being no more witnesses to be called by the court, it was announced "that the evidence in the case is closed."

General McDowell stated that he would submit a statement on Monday, February 9, 1863, at 12 o'clock.

The court adjourned to meet on Monday, February 9, 1863, at 12 o'clock m.

APPENDIX.

A.

WASHINGTON, October 20, 1862.

Major General I. McDOWELL,

U. S. Volunteers, Washington, D. C.:

GENERAL: Your note inclosing a printed copy of General Milroy's report is before me, and I will answer your questions seriatim.

1. "As to the state of mind General Milroy seemed to be in, his manner, and the impression it produced at the time" to which you refer; that is, when he rode up and asked for re-enforcements.

Answer. General Milroy's manner was very excited; so much so as to attract the special attention of those present, and induced many to inquire who that was that was rushing about so wildly, and what he wanted.

2. "As to whether or not it was a question of my (your) sending re-enforcements to General Sigel, and if I (you) refused to do so."

Answer. General Sigel's name or corps was not referred to in any way in my hearing, as far as I recollect.

3. "As to the part taken by General Milroy with your (my) brigade, which he claims to have led to where they were most needed, but from which they were forced back," &c.

Answer. When re-enforcements were called for to go to the assistance of General Meade I was ordered by General Sykes to take three of my battalions and move up to the front and left to the point most threatened, which I did at once. I left General Milroy haranguing and gesticulating most emphatically in the same place where his conversation with you commenced. He was calling for re-enforcements, and saying if they were sent at once the day would be ours, and that the enemy were ready to run. After I placed my three battalions in position I moved to the right of my line, where, to my surprise, I saw, about 100 yards to my right, the remainder of my brigade, which had been sent to the front after I left, and General Milroy was giving it some orders. I at once rode up to him and told him that those battalions belonged to my brigade of regulars, and that I could not consent to any interference with my command. He said that he did not know they were my men; did not wish to interfere with me, and only wanted to place them in the best position. I told him that I was responsible for the position of my command, and did not want any assistance either in posting or fighting it, when he left me. His own brigade was not hear there, and he seemed to be rushing about the field without any special aim or object, unless it was to assist in the performance of other officers' duties wherever he could find one to listen to him. I did not lose one inch of ground after I got my brigade together, which I did immediately, by moving this latter portion to the left, but held the enemy at bay for an hour, and, instead of being "forced back," I maintained my position