flank or rear of the enemy from the position he then occupied. When I say right flank, I do so merely because of my knowledge of the position of the forces, not from any recollection of what that order contained on that point.

Question. Was, or was not, the messenger to whom you refer, who bore that order, a staff officer-Captain Douglass Pope?

Answer. I do not recollect; I do not think it was.

Question. You did not meet on the way, or take from the hands of any other staff officer on that day, an order from General Pope to General Porter, except this one, did you?

Answer. No, sir; and I did not take this from his hands in one sense. I examined it, gave it back to him, and he went on his way.

Question. Is Captain Pope personally known to you?

Answer. Yes, sir; he is. My impression is that it was not Captain Pope, but I will not be confident. I do not remember who it was.

Question. I will read you an order which is set forth in specification 1st, of charge 2nd. [The order was read accordingly.] Do you, or not, recognize that as the order which you saw and read?

Answer. I can only say that the order that I saw in passing was of that same import. Whether that was the order or not, I cannot say.

Question. You have said that the accused made an observation to you which showed that he was satisfied that the enemy was in his immediate front; will you state what that observation was?

Answer. I do not know that I can repeat it exactly, and I do not know that the accused meant exactly what the remark might seem to imply. The observation was to this effect (putting his hand in the direction of the dust rising above the tops of the trees),

"we cannot go in there anywhere without getting into a fight."

Question. What reply did you make to that remark?

Answer. I think to this effect: "That is what we came here for."

Question. Were there any obstacles in the way of the advance on the part of General Porter's command upon the flank of the enemy?

Answer. That depends upon what you would call obstacles. A wood is an obstacle.

Question. I mean insuperable obstacles, in a military sense?

Answer. I do not think we so regarded it at that time. I did not.

Question. Was, or was not, the battle raging at that time?

Answer. The battle was raging on our right; that is, if you regard the line of the road from Bethlehem church to Gainesville to be substantially northwest, the battle was raging to the right and east of that line, at Groveton.

Question. At what hour did you arrive upon the battle-field with your command and take part in the engagement?

Answer. I cannot say as to hours.

Question. As nearly as you can.

Answer. It was in the afternoon. I do not know at what time the sun set. I should not to be able to fix the hour. It may have been 4 o'clock or 5 o'clock. One of my divisions, which had been the day before up to Thoroughfare, and the day before that one a long march, extending to late in the night, and which had started that day, Friday, and had marched since 1 o'clock in the morning, had its rear guard some distance behind, and that rear guard did not get up to Manassas until the next morning though it got within a couple of miles of that place. That was the rear guard of the corps; in that instance, a brigade.

Question. Did you, or not, afterward see General Porter during the engagement of the 29th?

Answer. No, sir; I did not.