Answer. They came from a direction which I was told was from Thoroughfare Gap. There appeared to be two columns of them.

Question. And along what road?

Answer. They came down the railroad, as I supposed at the time, and filed to our right.

Question. Can you point out on the map before the court the position occupied by your regiment, and the position occupied by the enemy on that day?

Answer. [The witness indicated the position on the map.]

Question. Were the enemy, at any time, forming on your left and front?

Answer. No, sir; I did not see any enemy to our left. There was none there that I was aware of.

Question. Did they pass at all to our right of the railroad?

Answer. Yes, sir; they passed to our right and front; I could hear them very distinctly.

Question. Have you any knowledge of their forming to attack during that day?

Answer. Yes, sir; I could hear the commands plainly as if forming in line; I could hear the movements of their artillery coming into position.

Question. Did any of their artillery open upon you during the day?

Answer. The artillery to the right of our skirmishers opened upon us.

Question. Not the artillery that was in your front?

Answer. Not directly in our front.

The examination by the accused here closed.

Examination by the JUDGE-ADVOCATE:

Question. How far in front of General Morell's command did your regiment, in its duty as skirmishers, proceed in the direction of the enemy?

Answer. Probably from 800 to 1,000 yards.

Question. What is the character of the country there?

Answer. The country in front of us was quite heavily timbered. Between us and General Morell's division the country was an open country, with a deep ravine there, and a stream running through it. In front of us it was heavily timbered, and there was also some scrub pine.

Question. Can you state about what force of the enemy took position in front and right of your regiment, as deployed in advance of General Morell's division on the 29th?

Answer. I could not state the number, but it appeared to be a very large force, indeed.

Question. Can you state how many thousands, or divisions, or regiments?

Answer. I could not state the number of thousands or division. I judged from the movements, and from the commands given, that was a very large force, indeed; probably a larger force than we had.

Question. Did you report this force to General Porter or to General Morell?

Answer. I reported to Colonel Marshall, my commanding officer.

Question. Do you think the force of which you have spoken was sufficient to have made a successful resistance to General Porter's entire corps?

Answer. I do.

Question. Do you base that opinion upon the supposition that the enemy had there more than 10,000 or 12,000 men?

Answer. I could not state the thousands. But from what information I had, and from what I could get from the other officers, I thought their force was vary heavy, indeed. I should think there were probably 10,000 troops in front of use, judging by the columns of dust that I also saw coming from the same direction.

The examination by the judge-advocate here closed.

Examination by the COURT:

Question. In your answer as to the strength of the enemy in front of you, do you take into consideration the location of the enemy as adding strength to his position?

Answer. I do.

The examination of this witness here closed.

In corroboration of the evidence given by those two officers. I refer next to the testimony of Lieutenant James Stevenson, of the same regiment (the Thirteenth New York Volunteers), who, as he states, has been nearly two years in the service with his regiment; was with it on the Peninsula during the seven days' battles before Richmond, and in the recent battle at Fredericksburg. His testimony appears from 808 to 822 [1022-1026] of the record.

Seeing the enemy in my front from a different point of view from that