Question. Was the enemy within reach at that time?

Answer. I understood that they were forming in line of battle directly in front of us.

Question. How far distant?

Answer. I do not know positively-within a mile and a half, I should judge.

Question. Did you report to General Porter until some little time after, as he passed me on the road on my return, and in the interim General Porter had seen General Morell.

Question. How much time elapsed between the departure of General McDowell and the arrival of the order of General Pope to attack the enemy, and what were the accused and his command doing during that time?

Answer. I cannot say exactly as to the lapse of time. But during that time General Morell's troops were in position, and our artillery were engaging some artillery of the enemy, and there was some musketry firing also.

Question. State approximately the length of time that you think elapsed between the departure of General McDowell and the receipt of that order.

Answer. I should think three hours. General Sykes' division was immediately in rear of General Morell's division, ready to support it in case of emergency.

Question. Were the troops all inn the same place that they were in when General McDowell left, or had they moved after he left?

Answer. They had moved but a very short distance; that is, they were in about the same place. I should say the difference was not material.

Question. Were the troops located in the vicinity of Bethlehem church, or at the point where this conversation was held between General McDowell and General Porter?

Answer. General Morell's division was on the ground where the conversation was held. General Sykes' division was right immediately in rear of that.

Question. For how long a time did the troops continue in this relative position?

Answer. From the time of their arrival, on the morning of the 29th of August, until they moved next morning, the 30th.

Question. Were the enemy all the time in that vicinity?

Answer. The enemy were moving toward our front, as I could see the immense clouds of dust they were raising.

Question. Was there a battle between the forces now referred to by you?

Answer. There was skirmishing and some artillery duelling.

Question. On what day?

Answer. On the 29th of August.

Question. Did General McDowell, as superior in rank, give the accused any orders on the 29th of August, after he left him, and, if so, what were they?

Answer. Nothing that I know of, except what I have stated.

Question. Did you consider in the nature of an order that portion of the message you say you bore from General McDowell to General Por-

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