on the 29th of August, when you proceeded with your command to the battle-field and state whether or not, in the military sense of the term, he was then in the presence of the enemy?

Answer. [Referring to the map before the court.] I do not know that this map is altogether correct. It was made at my headquarters at Arlington; but, as far as I can recollect, the topographical engineer had much difficulty in locating, some of these roads. I do not know that he has got them all down, or that the has them correctly laid down. I know there is a road that goes from Manassas Junction, intersecting the Suddley Springs road at a place near which there is a little chapel or church, called Bethlehem chapel, and goes along south of the Manassas Railroad to Gainesville. Whether the roads cross each other as laid down here I do not know. I left the head of my column with one brigade, I think, past Bethlehem church General Porter's corps was on the road leading from Bethlehem church to Gainesville, and the rear of it was at a distance from Bethlehem church sufficient for the larger part, it not the whole, of one of my brigades to occupy that road. I should suppose his column occupied perhaps 3 miles of the road. A little in advance of the head of his column was where I left General Porter. I considered him then in the presence of the enemy.

Question. How long would it have taken General Porter to engage the enemy from the point at which you left him?

Answer. That is difficult to say. It did, not at the time, seem to either of us that it would require much time for the head of his column to become engaged. It would depend so much upon the dispositions he might make, and the dispositions the enemy might make, that it would be difficult to say. I should think that an hour would have been sufficient to have commenced an engagement as things then appeared.

Question. What was the distance from the head of the column of General Porter to the right flank of the enemy at the time that you turned off on the Sudley Springs road; and was there or not time before dark for General Porter to have attacked and turned the right flank of the enemy, had he moved with promptness and rapidity, after having received the order of 4.30 p.m., or the order which the aide-de-camp of General Pope showed to you?

Answer. At the time that I turned off on the Sudley Springs road, I do not know how far the head of General Porter's column was from the right flank of the enemy. I do not know at what time he received the order named inn the question as that of 4.30 p.m., or the one which the aide-de-camp of General Pope showed me. I do not know that it was an aide-de-camp of General Pope who showed me to order that I saw. If General Porter's head of column remained where I saw it when I left that head of column, and if it had turned off to the right at that time, or soon after that time and moved with promptness and rapidity, I think it might have reached the enemy soon.

Question. When you left General Porter for the purpose of taking the Sudley Springs road, did you, or not, expect that he would attack the enemy as soon as he could reach them, and did you, or not, consider it his duty to do it?

Answer. I have already said as much, I think; at least, I meant to say it.

Question. Had the accused made a vigorous attack with his force on the right flank of the enemy at any time before the battle closed, would or would not in your opinion, the decisive result in favor of the Union Army of which you have spoken have followed?

Answer. I think it would.

Question. From the time you separated from General Porter, on the 29th of August, how far did your troops march before engaging in the battle, and how long were they engaged in that battle?

Answer. The leading brigade of my troops, was, I think, nearly, if not quite, its whole distance on the Gainesville road beyond the intersection of that road with the Sudley Springs road, near Bethlehem chapel. It marched back, and got on to the Sudley Springs road, and marched along the Sudley Springs road until it came near the