The New York herald., 1878-09-12
THE FIIz JOHN PORTER CASE.

PROcKE DINGS OF THE SEVENTEENTH DAY-THE
INQUIRY ADJOURNED UNTIL octoBER-AN
AppIIcA TON FOR IT TO BE CONTINUED IN
NEW YORK.
WEST PoIST, Sept. H. 1878.
The seventeenth day OF the hearing Of the Flz John
Porter case was OF considerable interest TO the
many spectators who had gathered In the Library
Building TO listen 10 the evidence. At the commence
mcnt the Board, counsel ana reporters put In
good humor by q iunny scsne. Major Earle was re-
called tor further cross-examination and being
questioned TO the timo General MoreI's division
march tho night OF the 27h OF August. from
warrentown Bristol, when he replied Sat ,nree.''
recorder Gardnor-were you up al three?
witness-Up tree? No. l wasn't up = tree |!
(Great iaugater.)
Recorder Gardner-I say, were you up at three?
Witness (somewhat en- mbarrassed)-Up a tree? No.
Ohl Up at three; yes, was up a. that hour. More
lauebter.)
The main portion OF the testimony to-day centred
upon noted hapast four order, and the question
whether a heavy battle fought was tho Goth.
One Of The principal charges against Porter Is that
he wuly disobeyed tho hsli-past four order, which
is as ioows:-
dxApouAKrEns IN THE FiELp.}
August -, 1862 A 80 +. NJ. !
i.ur line Of march brings You in ou the enemys right
flank desire you to push m ni% & as1" a.
your right in communication with General key nolds.
be oa their snk Keep
m yosr ss al the tns in case you are Obliged
back right and rear MS to ketp you in close
JOHN Pope. Major General Commanding.
Porter declares that the above order did reach
him till haifpa six r. NJ, or aiter, and the mcssen-
ger who to him says he delivered 1t 10 him at
Ave p n. All the testimony thus lar Is against the
statement of the latter aud Douglas Pope, who carried
the order, is to bo recalled and cross-examined.
The question TO whelhor ,hcre was heavy battle
on The 29,h has been thoroughly testified TO up to
this gimc. General Pope, on he morning oil August
80 1862. sent the following TO General Hallsck:-
NO. SO.
HEApoUARrEis FIELD OF BArTLE
NEAR GRovgroN. Va. A. NJ, August 30, 1852
Major General Ii. W. HALLKcK. GsnerarinChie United
We foasht terrific battle Yesterday with the
fury daylight until after dark by which time the
% ms % p
sn do so in the course OF the morning AS soon ns den
enemy stiil In front. but badly used up We have
5 ss @
one We stood strictly IN the defensive, and
fought On The ident,cal Held OF Bull which
Esa s rom ms TIN on ihs s
the mountains 80 forward At once ta see. we
JOHN POPE, Major General
Wisucoooo
General Porter have haty denied that there was any
battle on the day referred TO- and tho contradictions
sS pSs. nIoDs 10 tho ShU
Is undiDg TO the spectators ana 10 army officers
generally.
Counsel for Porter gave notice at the hour OF ad:
tournment to-day that though the government would
open It's oil the wnen tho Board meets again
the petitioner would also ask permission TO swear
three more wi:nesses-Cap,aIn Moa, another from
Montana and General Daniel Butterneid. military
order will b. issued TO Captain Moal TO come o.
tor DOuHlaES
Mr. MaitDy Of counsel for General Porter says will
rebel scouts spoken OF in the early stage OF tho caye.
rhe testimony oi to-day was as fol0ws:-
THE TESTIMONY.
Colonel Davis, OF California, was recalled and cross
examined closely as TO where no saw Porter on tho
afternoon oil tho 29th His answer showed that he
met him several umes near the skirmlsh ncs--so
many times that lett no doing his duty. When
witness questioned about his previous testl-
nv as 10 Psrters anxsty TO JON Pope, ana asked
why he thought Porler was so anxious, no repited:-
HIS activity the time no lett Harrison's Landing
in embarking ana barking troops ana his night
marches uil showed he xIous, and nothing
came 10 my knowledge calculated 10 diminish the
weight OF that impression.
George II. Morrell, who was major general under
Porter, was the next witness. Some dispatches
which had been preserved by him. and which were
sent to Porter day or two before the 27th Of
August, wero identified by him ana read. They
show ed Porters anxiety 10 push forward. HIS tcst'
mony showed tina. lortor,s corps knew tna' Long
29th, and reports kept coming in that II was being
heavily reinforced. Hc tosned also. that there was
no movement OF troops under Porter that day ndica
ting retreat nor nnythipg III tho nature OF retreat
In regard 10 the nafsst iour order witness said ho
received verbal order about dusk ON the 29th which
ms doubt sprang from That order, which said the
enemy retiring, but vii knew tboy were not
anu therefore the inditer must have been laboripg
under misapprohens'on. However, he startod To
obey II, but soon after II was couniermandcd As
directly against Pope's despatch TO General Hseck
that terrific battle fought tns 29th witness
said he nearc muskctry firing that day. except oc
cssonal droppings oil thc skirmish nne and little
artillery firing In the evening. Regarding the order
directing Porter TO march ON the night oi tho 9th
witness his division was out OF tho woods before
daylight
Georpe sykes, Colonel OF the Twentieth infantry,
stationed NJ Browp.vILe, 1exas, but who commanded
division OF PorteIs corps IN 1862, was next Called
To the charge Inat PoreI ordered u retreat on tho
29th he said received no order TO retire 10 Ma
nsssas that day. did not hear Of any such order
being ssucd was tbore anything OF the nature OF
retreat day, nor was there battle; there was
but little 6rng any KIND. Referring 10 tho terrolc
ghtng oil the 30th, the witness sad forters conduct
was all that general ofsers should DO on that day
cool ana courageous; an afterthought II seemed 10
hlm ,nat Pope, Porter and Mcdowell were on amio-
able terms
ADJoURxMKnr.
This concluded tho testimpuy Tor tho day, whom
tho Recorder urged that hereafter the sessions DO
held IN Now YorK. 70 this the counsel for the pctt
TONER objected, when the Recorder made iurtner re-
marks Illuminating that he did not desire the influence
OF West Point to contaminnte tie government Wit
nesses who would be summoned. Tue Board ordered
an adjournment TO October holding In aocyancc iss
decision TO where tue next meeting shall DO, ex-
cept that II be at West Point unless otherwise or
dered.
GENERAL uAMMoND's CASH
During the adjournment the BoarI Will consider
General Ham menus case. Captain Robert H. Hall,
Tenth infantry, ana aide-dc-camp 10 General Scho.
nclJ has bceu detailed as recorder In the HAMMOND
case vicc Professor A. b. Gardner, relieved ~ his
own request TO attend tho Porter case.
pyOpOSED SINGLE SCUII, RACE