Question. At this time of the day, from about sundown to the gray of the evening, while the question of an attack by your command appears to have been pending, what, to the best of your knowledge and judgment, was the state and course of the main battle on your right, between the main body of the enemy and General Pope's troops?

Answer. It seemed to be a considerable distance on our right, and to be receding from us. I could not express any opinion as to the distance, as the country was all wooded between us. I could only judge from the sound of the artillery. Just at the close of the day there were one or two volleys of musketry.

Question. If you formed at the time any impression as to the distance, will you please state it?

Answer. I cannot, any further than I have already.

Question. About what hour of the day did you first hear musketry firing in force and volume?

Answer. There ware a few shots exchanged between our pickets and those of the enemy when we first came upon that ground, and a few scattering shots during the day. With that exception, I did not hear any until the volleys I have just spoken of.

Question. Seeing your own position and that of General Porter's command, so far as you knew it, at the period of the day in question, between sundown and the gray of the evening, and seeing all that you knew and believed of the position of the enemy at that time, please to state whether an attack General Porter's command upon the right flank and rear of the enemy at that time was possible.

Answer. The only attack we could have made at that teem would have been directly in our front. The firing of which I spoke was far to the right, and at that time we could not have got there. The troops of the enemy in front of us were under cover in the woods. If we had moved forward, we would have gone over this open space, where our men would have been exposed to the fire of the enemy without any possibility of effectively returning it.

Question. Such being the case as to a movement on your left to attack the enemy by flanking him on his right, please to state whether you could have passed through the woods on your own right in any good order, to attack the enemy in that direction.

Answer. I doubt whether we could have got our artillery through, even by daylight. We might have passed through the woods with our infantry, but not in any fighting order at all.

Question. Would it have been possible to carry your artillery through that wood at night?

Answer. No, sir; I think not.

Question. To go back now to the evening of the 27th of August, please to state whether, at any time during that evening or that night, you heard Captain Drake DeKey say that Hooker was out of ammunition, or mention the special necessity of marching punctually at 1 o'clock that night.

Answer. No, sir; I do not remember either.

Question. Were you present at the time when Captain DeKay would naturally have made any verbal additions to, or representations of the state of the case in connection with the order which he delivered?

Answer. I was there when he delivered the order, and I think he remained as long as I did.

Question. Did you leave there before he did?

Answer. My impression is that we all left there together. I will not be positive on that point, but that is my impression.