New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-01-26
It Of smbalancss an wagons o. from

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much from the movement Of ambalancss an wagons o. from
the march Of troops
lie states that they came from tow I'd Thcrousbfsre Gap
aud separated columns me Of which Proceeded in
tho direction Of the battle field at Groveton and the other
down the 0siresve aud Manassas road. Now we
learn from Gen Bufod that ths enemys forces passing
through GsDesve that day from Thoroushare Cap and
counted by himself did not exceed fourteen thosenn
and dividing these columns II Is believed that al no
time the 2sh could the accused have been confronted y
Rebel force exceeding thousand-s little
bali the strength The strong pIo1a
bility IL that the force not so large but supp0s
enemy to have had quite large force % ms own,
reason why he should not make the attack seeing ths'
severely contested battle was then pending ,<o l3
The OF the inquiry the part oil the oelei' W 49,,
ssam TO Imply an Impression accused could not at
tack the right flank because be found an ~ -,
,bs 1igbt dad Iock however, in military movements
could scarcely be suffered to be producea oy usn e,
this Gen Mcdowell this question oy saying thsi
ne noy forces were posted trout OF the accused IN
the manner indicated by the witnesses nry
siitued his right flank so that movement IN 'n. 'N
wnuld hsye been literal compliance with the oTdet
conclusive reply to the suggestion tsI ,ue % Mi
tween the enemy and the accused was mpscncape ol mr.
inv movements is found In the testimony oil Lieutenant
Colonel smith He says; infer that the corps OF the nc
cusej could have moved up Its right wing Joining WIN 'n
ss enraged and have 6auked the This not s
an merely from the general eusiao.e VI 10 conn
try II based the fact that that portion OF te
try over which as understand It, the corps Oh the
would moved upon the enemy oa' si t .i,,t
cable 10 enable ihe eneny az meg S'"' 4" mum
Some of the witnesses Of the sccdsed decsfe tns
coz not have passed this ground, whie otes
tp ny cont not have marched through the ~ooas
a. any order. Under ctoss-e1amAHilyu, s
stacles ,shich these opinions were pae" ~ 49, % a.
d1ced in the a;emp, enumerae them me sehsis az
,cpon Of the country given Is n n not for it.
There impossible sresins or morasss
OF pFecPce Cen aopo"vm ob.,see. in the way
% ,b sSy,nee on the part OF Gen Poters command upon
The flank Of the enemy and he proved the sincerity Oh h"
oninion by directing him 10 make the movement
Amer reciDg detail certain facts iesding to TINS oeie
he tbp, These movements by these two dlvis
ions of my corps my movements ana the movements OF
the enemy give the belief ihst troops could move through
the country comprised between the Maienton turnpike ana
the Sudey Spng road and the ROAD rom Deheem Cnuich
to GAINESVILLE. will mention farther that that country IL
mixture Of woods cleared ground, and h' and 'hs Is
Tor troops to march without oelhs eeh OF seeing he enc
mvp glance At the map which accompanies the record
win show that the ground in question Is enpfSeeuin TINS
| boundary and description.
/ IL may be sdmed-snd perhaps the testimony requires
the admission to be madethas IN falling upon the enemy on
the Of the 2h the accused would nave encountered
both difficulty and danger but difficulty aud danger In time
Of daily and houy IN the category Of the soldiers
fe Their presence should De for h not adiscoufsemens
but inspiration. To grople with them should be his am
bitiou TO overcome them, his glory.
That vigorous attack the enemy by the accused at
soy time between O'clock when the battle began and dark
closed would have secured triumph for our arms
AID only the overthrow Of the Rebel forces but probably
the destruction capture OF Jscksons army the record fully
saly exercised by Gems Pope Mcdowell and Robert and
by Lieut. Col. Smith ali Of wnom participated In tho engage
WAS on The field throughout the day says do not doubt
all that would bave resulted IN the defeat not In me
csptre army OF the Confederate. that in tie
pcit language Of Gen Pope; Late in the afternoon Of the
/
hoped would be IN his position and asssulting the
enemy the flank and when Gen Mcdowell had himself
arrived with his corps the ed Of battle directed at
tack be made the lef Of the enemys line which IVES
hsndsomey done by HeintIelnlan,s aud Rsuo'' corps
The enemy driven back in all directions and ieft
large part Of the ground with his dead and wounded upon
il our possession Had Gen Porter fallen the flank OF
the enemy hoped 81 any time up 10 O'Clock that
night il is my firm conviction should have destroy
the army Of Jackson" Even bad the attack 'elf failed
have Withdrawn from the main battle by the enemy TO
effect this would have far relieved center TO
/ We
already suffered BY GU, coouy and Soos%1h.s the untold
GLOW from The escape OF That army that day, may sp
precse with approach 70 accuracy TIE p9usoihtes
by Line Of conduct which certainly and so fatally
The frat second and third specifications Of the second
Se I'd Article Of War a. nsb,hsviOr before the enemy
soldier dsobeys the order Of his superior officer before
9th and SD Athletes War and he may be prosecuted snd
sa With military
the presence the enemy has assigned TO by the articles
under othsr and oToinsIy ccustsnces This results from
the increased disaster likely to follow FROM misconduc, In
duty /. doSby crmins when displayed the midst Of those
dangers which inspire the true soldier with renewed de-
votion TO the honor and interests OF bs Gag.
tn. accused Is shown TO BEEN with his command In
presence Of enemy from the bssnnins to the end Of
H battle Of q q as s sH eH
that his petition bound 20 have taken part In the
and that his ssqc 20 DO 90 was TO the last de-
gee cupsbe he denied unless 1t be made 10
pear that restrained by uncontroabe physical
ara he attempt been made to justify his cOIdae
bath grounds The examination already made Of the e.,i
Il, way growing out Of the proximity and strength Of the
scsy and the nature OF the county were not sufficient
his Chief Of staff however Lieut. Col Locke, called BY
the defense dePoed that in the afternoon Of tho 29h he
near Bethlehem Church with Gen Mcdowell; tL.t Gen
Mcdowell back by him TO the accused reply tho
to M0Ii S. am so y he light and viii S ss
Kiug with me think he (Gen Porte had better renaia
where be but II 10 necessary for him TO fall bach he
do so upon my loft" And the witness testified that be TO.
gsrd.d this order and communicated it the accused
aud this it 10 insisted. restrained him from attacking the
enemy.
In the first place. Is to be remarked tina, this language
does import order but dmy suggestion and counsel
from comp auion in to another Assn; Gen NC
Dowell thon In condition command the accused
They were separated each other and not in the
terms Of the 62d article Of Joined doing duty
with hi, forces upon ar entirely dnc service GOm that in
which the accused engaged But the whole Of Lieut.
away by the evidence Of Gems. Mcdowell and King The
witness had stated that the given him 10 the
presence Of Gen. King and wss heard by him.
Gen King however testified that he with Cen Mo.
Do- at all sor the .'orn"g Of the zen and that b. heard
by him. Ii IL further urged in the defense that
although the evidence may thus fail to that such
wss justified in obsying H. This position 10 assumed In dise
gard maxim. tal'un IN uHo, Ja'aH in oabH" The
same witness who dep0sed 10 the receipt Of the esge from
Gen Mcdowell depOsed to s delivery to the accused
in psnt supported by the testimony Of Others
regard the Ibis dscredit nocessrly at
second and under the ax quoted, his
statement falls " the ground.
But even if it Lad established that this message had
been and received and it in order
aud given by proper authority. sill Is not claimed that
reached the accused before about O'clock This would leave
his nsciOn from " 10 o'clock in the pTese Of the enemy
and in the midst OF battle planned, and pal
Hated in its copsby ~ anything that IL contained ia tho
I record.
Although that portion of the defense which would Justify
accused because Of the OF the
did cult Of the ground IN bis front and to his light has
been commented on may not be inappropriate add that