The New York herald., 1878-10-11


was made clear to him by the cross examination o
petitioners counsel. General Mcdowell the
witness stand from In the forenoon until four
the afternoon, At which time the crosse examination
was concluded This morning he will be examined or
the redirect by Recorder Asa 3. Gardner
General Mcdowell testified 70 direct examination
that the 29ln Of August, 1852, no commanded
corps, censisti ng OF Kings and Rckstt's divisions
ON the mornng referred 10 ne was ~ Manassas with
General Porter, and the latter showed him order
from General Pope directing him (Porterl to move
his troops TO GAINESVILLE; General Mcdowell rode
with Porter in the direction OF Dawkius Branch and
saw indicstions Of the enemy coming down the
Gainesville road 10 force; great cloud o
dust hung over road In the direction OF Thorough
fare Gap, and lew shots from the enemy's artillery
foil close by them; very fsw words passed between
Porter and himself 90 witness recolloctsd. A copy
OF General Porters petition handed him,
reading Il he declared that such conversation 40
there reported ever took place. Ho was then ques.
toned hts publication OF statements
Terring 10 General Porters participation In thas
paign. He said he had printed ana published ac-
counts the second Battle Of Bull Run, which began
on The 2stn o. Ausas, 1867 reply made BY him 70 q
evidence. He stated that he had no change TO suR-
gest the record OF his testimony given the orgi-
CROSS EXAMINED.
He was rigidly cross-sxaminsd by Mr.. Choats In
relation 70 'ns publication Of printed circular Of
tons OF the army OF Northern vrgina (rebsi armyh
summer campaign OF 1s62 operations Of the 10Th Of
prssd paragraphs from report Of the Confederate
Generals J. Z. B. Stuart, 'Stonewall' Jackson and
On 81
The circular, would have bssn damaging
70 the r.pa.:.ion ! Of General Porter lh,s
printed and ne had sent out large editen OF II to
personal iriends, public men and "persons in whose
one General Pope. bus dia know the laItsr
going to incorporate into his Brief Statement OF
ne f.. John Porter Case" % y was 20 ,neorporassd;
'.Rsbeilion RECORD" and he believed them 10 have
been properly copied and EDITED; he believed at tho
battle OF the 29th OF August otherwise he would not
have published them.
printed and circulated In this extract
from General Jacksou's report OF the battle OF the
2osh was IN fact from his report relating 10 The battle
General McDowsll-At the time made that extract
supposed n referred - the 29,n. II afterward ap-
peared tuat II referred to the Both; on looking at
again it seemed tina. Jackson had mixed up ths
29tn and 30tb-that some parts might nave belonged
10 one ana some 70 The other day.
s.Do you not know that Il ID actually report Of
what took place on the SOtbY"
IL do not now know any more than did then.
Ia pue I've six msnIhs, and believe ne mixed the
29th and 30th togstner."
both the 2oh and 3otn, were you notf"
"Doss no. your personal knowledge Of the events
OF thoss two days enable you 10 form judgment ~
TO whether those extrActs contained truthful ac-
count either the 29th the 30ih OF which dsy"
% ms
the Two days"
~ didn', ask for your Judgment OF what he mixed.
asked about your personal xnowledgs OF tho events"
THIS question was repeated ~ least halt q dozen
times. tne witness perssting IN basing his replies
upon the degree OF correctpess attained by General
Jackson in making his report, wniIo Mr Choate d.
Tecled his examination toward eliciting witness per-
sonal knowledge Of the events OF the txo days IN
ports OF the Confederate General would apply
20 either oi the days aud 70 which.
ssPease answer my question:" II have answered IT,"
responded wttussG IL submit 10 the Board that ne
has no" said M. Choais General scnonsld, pres
ID Of the Beard repeated the question TO witness
and explained the reason why MS replies were not
satisfactory. General Mcdowell then scanned copy
OF the circular Tor some timc while The Court and
spectators waited in brssthiess silence.
A STRANGE MISTAKE DIscovBRED
ION looking over II carefully, no said At last, 81
can sec the report did bear The 30lh than on
the 2etn, but think attn that II refers to those Two
sDo you think that jackson intended 10 to refer to
botn OF those days 2" asked Mr.. Choatc.
"Tnat 10 too much OF psychological question" !"
Despite the objections Of Recorder Gardner a copy
OF the book from which the counsel tor General
Porter claimed INC extracts 40 question wsrs taken
could not whether II was tho same work, but said.
alter comparing the page OF the book with his crcu-
lar, and altar much pressure from counsel al will say
that paragraph aud that ssom 70 DO tue same.'
"And you supposed it referred 10 the 10th and not
al answer, for tho seventh or eighth time, that
did,"
"D,d you observe sba. tho next preceding para
graph 10 this In the book reads as ioows;-
"on the following day the 3oth my command occupied
The ground he,a,nt shs sane ,sAse position 70 each
LOngstreota
af. wina and s, artillery posted
II DID no. observe tha," replied General Mo-
DoweiL
extract referred TO the Both and not 10 the 29tn would
you notr"
"Yes, SIR"
government, strsnuously argued against the admis-
sion oi tnis testimony on The ground that the book
was not iuiy proven 70 DO the work rom winch the
extracts nad been taken; but ne was overruleo, the
Court saying tho question AS to the authenticity OF
tne book might be nsd In reserve.
"From ths,o ssid witDess, alter further questions
bad been put. ''From this l am satsnsd, entirely
satisfied, that Was IN error In supposing that this
report referred to tho 29,h; thought u referred to
was mistake that maJe.P
"De you suppose - was because you did not read
~ can't 70 back ana say how II that made
the error that made now perceive that made
mistake At that time; and II you want me 70 say
more will say that 1 am exceedingly sorry that 1
made IT,"
witness was pressed TO answer whether tho publ
cation of these mistaken and tho orpicisms
passed them aid not necessarily 40 General Porter
grcat injustice, and he replied, alter many ques-
tiens, "l nave no knowledge about IT,"
HIS ncxt statement IN reference TO the case, witness
ssid he published In 1870 aud called out by Gen.
era Porters appeal Tor rehearing; II was printed TO
satisfy some friends OF witness and IN his own dc.
feace, not TO attack General Porter Mr.. Cboate read
an extract IRON the CIRCULAR and put long series OF
questions having, Apparently, the object oil eiictiDg
from witness evidence OF having had at the time sucn
an scqusintancs witn,ns situation Of AFFAIRS and the
movement OF troops that ne coul not failed TO
know whethe the reports from which he had quote
referred 10 ths 29th or 10 the 30th Witness made
lenR aud diluss repiiea
TRIAL.
GENERAL, do you uudersiand that your now on
trial =" asked Mr.. Cnosts, after hotiy confessed
question.
al should Judge so BY your precautionary your
questioDsp
Counsel being requested TO tell bis object in the
Ine Of questions developed, said he proposed TO