New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-01-26

theNp he
Il ye, further shown by General GFHT examined by the
accused VITO his brigade retTested h o re half
excused had been made In good ia "a for the purpose
rechn Bull Run that nights bat sch purpose enter
tanned has II Deen INSISTED iht either by the testi
fnony or the sTgumenL
Mcdowell says the sceuse NIGH. have attacked the
or Boil Ran. Indeed APP srK rom the map such an at
would have been an al in the direction Of Bull
Ruu. lie ugh. have iouod jusdcston too FOR this step
had been from cvicon that IN the sense Of the
order eOnsioea adv es" be gained by de-
successfully taken in The 5sisuse The only advantages
winch the etTes pron seS s personal safety OF the
accused aud staff and tins exemption OF his troops any
Psepaoa IA the IA Culinary battle then being mue
d eS to -, .hs Swely such advantages a. these. pnr
ci zoe wRo!e army those contemplated by
rost OF to the light brought him conflict
with the enemy Tie Court concluded aud justly that his
falling back under the ccumstances and for the pupose
olsOn Of ne JON order 70 him u and ecu Mcdowell
seen also to saye been msniie't Vostion OF the
duty resting on him soldier the position which he
was Placed WI hout reference specific order drec-
noh eaang diTecRs him 20 the enemy. In for,
ware asseS i've it 10 established principle OF
ny sc" that the columns shall be bed in their sd
vance as 20 be ready afford mutual assistance time OF
need AZ other elementary principle Of such movemensis
tnA. 10 te soteneeof positive restraining orders the m"rh
Abe ss1svns Of tAe words of Gen Mcdowell that is the
,o.dsrs mission 70 fight Both these fundamental rules Of
tho hlht proif sson were dsegaded IN the Tea oil me
aceaed lie Tex back precisely moment that she oo
Ss'n 70 cooperate which pressing upon nun required
hin to advance and his march not toward but nom the
sosno oil the eoemys cannon.
Ths order Of $3.50 NJ August 49, directed the sccusea
TO push Forward into action at once on the enemy' ngh
nsnA, and II pos.ib his rear" 1t not obey.d nor
Wa any as<,mp made 20 obey Il.
IL wss cemed IN the defense that the accused should not
be condemned for this first because the order
vas too late to be 0beyed end secondly because
obedFnrf TO was impracteoe III consequence OF the
presence Of the enemy in Overwhelming force aud IN conse
quece ef the character Of the country over which the move
ment VIZ nla have had to be made.
Tiers decided conflict In the testimony to the hour
Al winch the order received II bears date $3.50 f
snd pt Pope staff officer who bore it, thai ne pro-
sy O'Clock probably three OF four minutes siter
6v-.H
Charles Duee the orderly who accompanied hI tesihes
tha they left Gen Pope about hall four and
to the headquarters Of the accused st about last
they Thoughts their hoTses could rsve tie thinks about
occupied on the road and that the order reached the
srsd by the evdends o. Gen Mcdowell a. to Tie time and
pce which he met Them and read the order Gen Pope
fcu the field of battle to Manassas JUNCTION polnt
found Gen Porter Of Manassas Junction, within
hour by going speed" Gen Roberts who present
shOOd been delivered in half hour OF less orders
generally carried such occasions" Adopting the latest
ssDse-th-t Gen. Pope snd the oIderythis give
tn soesssdwo hours OF Daylight within which to make the
sttack
other hand there FIVE witnesses introduced by
che .eeeseatee Of the, his stsH oheer VIZ; Gen syke.
inghSm who depose that tae order was not received until
ported b me others-hxes the hour much later in ssce
tanning the value OF testimony witnesses counted aud
wekled the question would be settled by the
1t may be that after carefully considering all the cir
Capt Pope and MA orderly fortified by
roOoIsys evidence Of Gems Pope, Mcdowell and Roberts
by the opinions Of the hve officers
There outside Of the positive testimony, consders
zion strongly .oppSr,ins this view ard it is ih There is
ordsr was at "A o'clock; he rode as fast his horse could
carry him. and had bat five miles travel and yet according
SET or Il ocockhe two hours the way Is II cred
ibs thai staff officer bearing important order in the
ds, Of kscels battle would travelled a.
ths rate and this too when he conducted by orderly
pogre.1 Ia 1t not much probable but sin gle
hour was occupied and that in point of fact he arrived
Concedug, however for the sake of the argument the
Rs a, . -. . Sd T hot SsT &c
HIGHT within which to make the movement The enemy had
The forces Of the accused and by their falling back that
fro1 the Of the Rebels by than mile mile
aud half But little time, therefore required to make
thars effort
obey the Ordsl Col Locke states that after the
sccnssd to Gen. More directing him to the enemy
which sppeas from the statement Of Col Marshall
done with but four rssmen-bu. Cen MOre testified
chat before there time to carry this order into execution
by another directing him 30 pass the night
wi. b. troops where be was ms was " that w.. dSss
that at attack even at this late ho-indeed at any hour
before the battle closed, which at dAk-woatd have
fes1lted In . victory FOL our arns
There is one fsc-probaby the most remarkable ono ds
oOsd the TecoFdwhch must have Impressed the Court
accused on t6, occasion Tbs forces Gen More wsts IN
the those Of Gen. Immediately Ia their
rear
Doyemsn against the enemy therefore the cOin1pd Of Gen
Sykes would be necessarily involved and the
General would be required yet Gen Sykes states that
he with Porter the order Pope
received and that to MoIel seni thst de
manned with hin all the evening and night and that e
heard that an order TO attack enemy had received
nom Gen. Pope had been forwarded TO Gen MOrO Whist
conclusion necessarily drawn nom this II the accused had
seriously determined Ina. order Gen. More should be
executed would he not have appraised Gen Sykes Of its
nsad When ada the eeoens's Of the d
r,ced-beng bat with four regnepand the further fact
I'D ne
vsIspt can we escape psrfui thai ,hs order
tse issued without expectation that would
purpose that At should be obeyedI
TeIe Is ye. other fact presented in connection with
thu order Which deserves Iassus notice Capt Pope found
toem stacked After delivering the order and during stay
snv ins,rsIon of prepstion for avsS s sivss Or
Of the baefed On his return nearly hour sferward
hs 1 s sGg Of Ma .asd Who 9Is 3
Pope win further illustrate the absence Of all anxiety net Of
oss:on Did goa zee the order delivered into the hsnds
Answer Yes Sir him take the order from Capt
"Qasstion Was he in his tent or Gu. Of doOrl
Answer. He lying down under shade when be
took the order
Qaeon. Did he change his position on reading the order
Answer cannot positively whether he rose TO h,
feet bu at the due he reading tho order
tced at be lying in this position on the ground de
sevng him resting upon his elbow, his head upon bis
Question DID you leave him lying down on the ground
when you swsyl
The bad for between and hours been listen
n sb 70 iSs sound. Of the battle raging Immediately TO '
~ o. "a artillery was In his ears lie must have
ne exhaustion and carnage coDsequent upon pro
note TO Gems Mcdowell and lnp At our amy was eyjng
sornSnd Of o Of The e-smy he had
WIZ nsd marched pat few miles and had nos fought at ali
% eh~ ;t snsev CIV eansnees. should not order
hsye brought HIN not ooy 70 hi. and TO biz Se ba
have awakened tine sounds Of ger ~ 49,
der