There being no witnesses present on the part of the accused, the judge-advocate stated that he proposed to call the orderly who accompanied Captain Douglass Pope when he bore the order of 4.30 p. m., August 29, 1862, from General Pope to General Porter, to rebut the testimony introduced by the accused, in reference to the time that order was delivered to General Porter.

The accused objected to the calling of the witness, on the ground that his testimony was not rebutting, but merely corroborative of the testimony offered by the persecution in the opening of this case.

The court was thereupon cleared.

The court after some time was reopened.

The decision of the court, as announced, was that the witness should be examined for the satisfaction of the court.

The judge-advocate said that he would not call any witness until the testimony for the defenses had been concluded.

The court thereupon adjourned to 11 a. m. on Monday next.

WASHINGTON, D. C., January 5, 1863.

The court met pursuant to adjournment.

Present, Major General D. Hunter, U. S. Volunteers; Major General E. A. Hitchcock, U. S. Volunteers; Brigadier General Rubus King, U. S. Volunteers; Brigadier General B. M. Prentiss, U. S. Volunteers; Brigadier General James B. Ricketts, U. S. Volunteers; Brigadier General Silas Casey, U. S. Volunteers; Brigadier General James A. Garfield, U. S. Volunteers; Brigadier General N. B. Buford, U. S. Volunteers; Brigadier General J. P. Slough, U. S. Volunteers; and Colonel J. Holt, Judge-Advocate-General.

The accused, with his counsel, was also present.

The minutes of the last session were then read and approved.

Lieutenant Colonel JOSEPH P. BRINTON was then called by the accused, and sworn and examined as follows:

By the ACCUSED:

Question. Are you the lieutenant-colonel of the Second Pennsylvania Cavalry?

Answer. I am.

Question. Yes, sir.

Question. Where were you located on the evening, or the beginning of the evening, of the 27th of August last?

Answer. At Catlett's Station.

Question. Did you go from Catlett's Station to Warrenton Junction on that evening?

Answer. Yes, sir; I did.

Question. At what time?

Answer. I left Catlett's Station, I think, at or near 10 o'clock at night.

Question. Proceeding directly to Warrenton Junction?

Answer. Proceeding rather indirectly to Warrenton Junction. I went for the purpose of seeing General Porter. I did not know exactly where to find him; and my search occupied about two hours. I found him about 12 o'clock at night, I think.