THIRTY-EIGHTH DAY.

COURT-ROOM, COR. FOURTEENTH ST. AND PA. AVENUE,

Washington, D. C. January 8, 1863.

The court met pursuant to adjournment. Present, * * *, and Major General FRANZ SIGEL, U. S. Volunteers, the witness under examination.

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Major-General McDowell stated that he had no more questions to ask this witness.

The court had no more questions to ask this witness.

Captain FRANKLIN HAVEN, additional aide-de-camp, U. S. Army, a witness, was duly sworn.

Question by General MCDOWELL. Were you with General McDowell on the 28th of August last; and, if so, in what position?

Answer. I was; as captain and aide-de-camp.

Question by General MCDOWELL. Were you with General McDowell send you to General Sigel at Gainesville on that morning? What message did you carry and what was General Sigel's answer?

Answer. General McDowell explained to me that General Sigel was to cross the railroad at Gainesville, the turn to the right and march along the railroad to Manassas, and told me to go forward and see if General Sigel was so doing. I found General Sigel at Gainesville, near where the four roads meet. He said to me he would go on a little farther, a few hundred yards beyond the railroad, because the road made an angle with the railroad, and would then turn off to the right. I made known to General Sigel the message upon which I was sent.

Question by General MCDOWELL. What seemed to be understood by General Sigel as to the route he was to pursue to Manassas with respect to the Manassas Railroad?

Answer. that after crossing the railroad from the south side to the north side he was to march by the side of the railroad to Manassas.

Question by General MCDOWELL. Were you with General McDowell on the forenoon of about noon of the 28th of August, when he was sitting under a tree examining a map and when an aide came to him from General Sigel? What remarks did you hear General McDowell make to General Sigel's aide and what was his manner?

Answer. I was. Two aides came that morning, the first one saying that he was going to General Sigel, and wanting to know if General McDowell had any order to send. General McDowell said, "No; General Sigel is to march with his right on the railroad," nothing further. I knew neither of the aides, but the first one did not speak English well, and shortly after the first one had left a second aide came and asked, "Did General McDowell send an order for General Sigel to go the right of the railroad?" General McDowell replied emphatically, "No; he is to go with his right on the road." The aide them asked some other questions and one about minute details, at which General McDowell said, "Let General Sigel fight his own corps," in a manner indicative of surprise at the question.

Question by General MCDOWELL. In going forward from General McDowell to General Sigel, as referred to by you, in what order did you find the troops in advance of General McDowell?

Answer. Many of the regiments were standing in the road; some of the men cooking under the trees at the side, and some of the regiments were in the field on each side of the road, resting, lying down, &c. The head of the column was just moving.

Question by General MCDOWELL. Do you know if an order was given by General McDowell prohibiting any wagons, except for ammunition, to be taken on the road on the occasion of the march from Warrenton?