ter, which says, "I think he better remain where he is; but if it is necessary for him to fall back, he can do so upon my left?"

Answer. Yes, sir; that was my impression, coming as it did from General McDowell as General Porter's superior.

Question. Was that order obeyed?

Answer. Our troops did not fall back that afternoon.

Question. From the position of General Porter's corps when General McDowell left him, what time would it have taken to have attacked the enemy then, had General Porter's corps been moved with promptness and rapidity?

Answer. They were virtually engaged immediately after that time. We lost several men from the enemy's fire.

Question. Could you have made more rapid progress on the morning of the 28th of August, in your march from Warrenton Junction, by starting at 1 o'clock than by starting at 3 o'clock?

Answer. I do not think we could.

Question. How long after the order of 4.30 p. m. of the 29th August was received do you think it would have taken to have attacked the enemy's right and his rear, or could it have been done at all?

Answer. It would have taken until after dark to have made the attack upon their right. I do not think we could have gained their rear at all.

Question. Do you think the artillery could have been taken, for the purpose of attacking the right flank and rear of the enemy?

Answer. I do not think it could, owing to the nature of the ground.

Question. Did, or did not, the enemy on the succeeding day move around over that same ground in their flank movement upon our army?

Answer. I know they flanked us on the succeeding day, but I do not know that they moved over that same ground.

Question. What is the character of the ground over which, as you state, the corps of General Porter would have been obliged to move in order to make the attack as directed by General Pope?

Answer. It was very much broken.

Question. How far was it from the head of General Porter's column to the left flank of General Pope's army on the 29th of August?

Answer. I do not know.

The examination of this witness was here closed.

Captain A. P. MARTIN was called by the accused, and sworn and examined as follows:

By the ACCUSED:

Question. Will you state your rank and position in the military service during the last week of August, 1862?

Answer. A captain in the Third Massachusetts Battery, and commanding the division artillery of General Morell's division.

Question. On the 29th of August did you see a meeting take place between General McDowell and General Porter?

Answer. I did.

Question. At about what hour, as near as you can fix it?

Answer. About 11 o'clock in the day.