Question. You have stated that the country between your left and General Porter's position was a broken country. Will you look at the map, which is on the table, and designate at what point, in making that statement, you assumed the command of General Porter to have occupied at that time?

Answer. [Going to the map.] This map is very inaccurate, and as a military map is not worth much, particularity this portion of it [indicating the portion referred to]. My left was somewhere about here [indicating the place by the letter R], and I take it to be about two miles and a half in a straight line across to where General Porter was, as I understood it [pointing to place marked M. 3.]. If there had been no troops in his front, I suppose he could have made the attack.

The examination by the judge-advocate here closed.

Examination by the COURT:

Question. On the night of the 27th of August last, how far was your position from Warrenton Junction?

Answer. I suppose it was some 10 miles across from Buckland Mills to Warrenton Junction.

Question. Did you, or not, pass at all over the road from Warrenton Junction to Bristoe Station at any time during the nights of the 27th and 28th of August?

Answer. No, sir; I was on the Warrenton pike, from the town of Warrenton to Gainesville, on the night of the 27th.

Question. On the 29th of August did, or did not, the enemy's right outflank your left at any time?

Answer. I think it did toward evening. It was late, not dark; toward the dusk of the evening.

Question. Will you look at the map, and point out the positions your division occupied on the 29th?

Answer. The division was maneuvering almost all the morning, and indeed the whole day, in action on that day, up to 12 o'clock, with what was supposed to be Jackson's forces, which were in there the day before. [The witness indicated upon the map several positions as occupied by his division during the day.]

Question. Did the enemy outflank you at sunset on the 29th?

Answer. My division, with a brigade of Sigel's corps, lost its connection, for a time, with the remainder of General Sigel's corps, but at sunset we had closed in to the right, so that the enemy, I think, did outflank us at sunset. That is, I think his flank extended beyond ours, although distant from us; not near enough to be engaged.

Question. Did the enemy that forced you to changed front take position between your command and that of the accused on the 29th?

Answer. I think his position was partially between myself and the position occupied by the accused, as far as I can judge. I wish the court to remember, in all this testimony, that I had no knowledge at the time where General Porter was. I knew that troops were over toward Manassas, and was expecting to have them brought up on my left. I was informed that such would be the case; but they were not brought up there.

Question. Did you think that the force of the enemy, of which you have spoken, was large?

Answer. I thought it a pretty heavy force. I thought it amounted to about a division. It extended, apparently, as far as my division did.

Question. Did not the enemy, in attacking the left and rear of General Pope, on Saturday, the 30th of August, pass with artillery and infantry over much of the country that General Porter would have had to pass over on the 29th to attack the right of the Confederates?

Answer. I think not. I think he had gotten in, as it were, between that broken