the order, is still more emphatic upon the same point. I cite what he says, giving both the questions and his replies:

Question. With a view to reaching Bristoe Station as early as possible that morning, and doing duty there, would it have been expedient or judicious to have started at 1 o'clock that night?

Answer. I think decidedly not.

Question. Please state your grounds for that conclusion.

Answer. I think if we had started just at daylight that morning, we would have arrived at Bristoe Station, if the road had been clear, even sooner than we did by starting at 3 o'clock in the morning, for we would have made use of the two hours of daylight that we were lying in the road. I mean by that, of course, that I think if we had started by daylight, we would have left camp properly, and would not have had the stoppages that we did.

In this connection, the same witness gives the following account of the difficulties which impeded his march:

I received an order, about 12 o'clock on the night of the 27th of August, to move my brigade at 3 o'clock in the morning. At 3 o'clock in the morning I started from camp toward Bristoe Station, and marched about a mile or less, to where I halted, and there I remained at the head of my column until about two hours after daylight. I know the artillery that followed the brigade - that is, a carriage or two of the artillery which followed the brigade - got stuck in the mud, or in a little creek, and had trouble in getting out. I also know that at 3 o'clock it was very dark, so dark that I used candles with my leading regiments to get through a little piece of woods which we left, in which we had been encamped. I also know that there is a bad place for artillery at Catlett's Station. There is a very steep hill there, and also a piece of woods where is wincing,and which would have made it difficult for artillery carriages to pass along, especially on a dark night. In fact, along on all the road to Bristoe Station there are several little places that would be very bad for artillery to pass over at night - almost impossible in a dark night - that might be passed over in the daytime.

Question. What caused you to halt when you did halt?

Answer. I halted because I found, when I got to the point where I did halt, that I had only a portion of my brigade with me. In the darkness, by some accident or other, we had become separated, and I halted to get my brigade, together; and the artillery, I presume, is what detained us there until we started again. That is my impression. I do not know that positively. General Morell was in command of the division.

General Heintzelman, a witness called by the Government, gives testimony, at page 313 [900] of the record, as follows:

Question. Will you state what was the condition of the road between Warrenton and Bristoe on the morning of the 27th of August?

Answer. It was a narrow road, in tolerable good condition; a part of it was through some woods.

Question. Were there any, and, if any, what, obstructions upon that road which would have impeded the movements of troops in large numbers?

Answer. They could only march in one line. There were a few little ditches that were bad crossing, and I think the road crossed the railroad perhaps once or twice. These crossing were bad. I do not recollect distinctly about the road. It was not a very good road, however.

Question. Will you state whether it was, to any extent, obstructed by wagons?

Answer. There was a large train of wagons behind us; a considerable obstruction.

Question. When you say that the wagons were behind your command, are we to understand that you mean to say that they were behind the command of the accused, or in front of it?

Answer. They were in front of the command of the accused.

Question. Will you state what difficulty you had in getting your own wagons up - how long were engaged?

Answer. The night was very dark; our wagons did not come up until an hour or two, perhaps more after night.

Question. Had the accused left Warrenton Junction at 1 o'clock on the morning of the 28th of August, would that train have been in his way or out of his way in marching to Bristoe Station?

Answer. I do not recollect distinctly; but I do not think the train had got in the next morning when we left.

Question. Was there, on the 27th of August, a route of march practicable for General