New-York tribune., 1880-06-29
TESTIMONY OF A OAK1LRYMAM
SUCCESSFUL ON THE THIRD CHARGE.


a WITNESS FOUND WHO SAYS sHERIDAN's CAVALRY
WENT OVER THE WORKS AT FIVE FORKS
GENERAL HANCOCK WISHES TO WITHDRAW
FROM THE COURT.
The Warren Court of Inquiry met at Governors
Island yesterday morning Before the session adj
iourned, General Hancock, who has acted PresI-
denU of the Court since it first met stated that he
had applied last week to the President of the
United States to be relieved from further duty as q
member of the Court. He had hoped, he said, to
have received a reply to his application in time TO
DO relieved from attendance at the present session.
His reasons for wishing TO withdraw from the Court
were purely personal. lie added that he gave
notice of his application in order that the counsel
could resist it IL they 80 chose Ii is not likely that
any objection will be made to General HancOck's
withdrawal although both parties to the issue
iOined before the Court would much prefer to hive
hin. continue to act. The course OF action that
will probably be pursued will be for General Han
cocks successor as a member of the Court to read
the printed testimony before the Court proceeds
further with testimony after his appointment.
Three witnesses Were examined before the Court
yesterday. The first called was General +. w. w.
Whitaker, of Washington, ID. c., who IN 1860 was
Licutenant-C Colonel of the First COnnectlcnt cay
airy. At the time of tho battle OF Five FORKS he
was serving as General Clusters assistant Inspector
Genera. He began by stating that he did not re-
member the strength of Clusters force on April I.
On the evening before Custer reached point IN
front of Dinwddie Court House, where he succeeded
in checking the Confederate force that Ind been
driving portion of General Sher1danS command
On the morning of April l, Penninqons brigade,
with which tho witness served, marched out as
early it was practicable: Pennngtons men
were in tho advance at the point where they were,
but the witness could not say whether they were
The troops slept on their arms during the night In
anticipation OF an attack. Upon advancing they
found he rail barrcade just In their front aban-
donod Upon preceding some distance they re-
ceiyed pretty sharp Yolley from force of Con-
federate infantry. but there was no real lighting,
.In ot frnnA Ipd
or IL o'clock. when they approached the works OF
the enemy ut Five Forks General Whitaker
struck the works, though after some hesitation ne
said he thought the point was between the Forks
and tho Gillian field. He saw an open field TO the
left, which he thinks may have been the Gillian
field. The men he accompanied were dlsmonnted
IN tho woods. They made two unsuccessful charges
en- the works of the enemy, and carried them on
the third charge. The enemy were not III line then,
but they appeared 10 he in confused mass hesitat-
ing about snrrenderingl The witness said he crossed
when he got to the west of the Gillian field. lie
did not see any Federal infantry after he had
crossed the works nor would he have seen them bad
they numbered 10000 men, SO densely wooded
was tho country. When the works were crossed the
witness got a horse, and making detour sonth
through the Gillian field went in search OF General
Custer with whom he remained during the pursuit
OF the enemy toward Ford Station until 10 O'Clock
at night. While crossing the Gillian held, ne re.
collected the enemy were firing from the northwest
corner Of the feld.k during the pursuit OF the
enemy no line of battle overtaken, and there
charged the cnemys works the fire they cncOnn-
tered WAS very severe. and the tops of frees were
falling He then thought that the loss OF the
brigade was 33 per cent but he mad learned subse-
qucntly that u was only IL per cent. ...,....-
General Nelson A. Miles, at present commanding
the Fifth Infantry. and stationed in Montana, io-
lowed General Whitaker. In the year 1870 ne
was i'm command of the first division OF the Second
Corps llc was examined with regard 10 his knowl-
edge of the events OF the battle OF White OAK
Ridge. fought on March 81 lie said that on the
morning Uf that day he was ordered mp 10 occupy
the position on the BOydtOn plank road, Just
vacated 10y the Fifth Corps, which had been
ordered TO make reconnaissance IN ,iOrce ana ieei
The enemy. between / and i2 o'clock he learned
that the Fifth Corps was engaged; ana togeInrr
with General Humphreys he watched tlo nRhl.
The sound OF firing aud tao smoke of Httie gradh-
ally npnTOachcd indicating that the Fedcfal l0rce
was retrratinR He suggested that ne could 20 into
the woods anu strike the ConfcderateS on the hahK;
After u delay OF probably an hour, he was OTuer'u
by General Meade TO make the attempt and tld 80.
lie struck the enemy in Hank Hnd rear, anu bIoke
their line That portion of the enemy nearest TO
him broke for the works, making y snort stand "
Eone temporary works near the White OAK ROAD
The engagement ended with the enemy seeking tn9
protection of the main works. GeneTnl Mlieslsdm
he Thought the retreat of the enemy was caused iby
General 8. Mc[iowan. of Abboyyille. S. G., was
the last witness called. In .lS60 he was III com
mand of "A brigade in the Confederate command OI
A p Hill Ills discrimination was,wth regard TO
the engagement General Miles had Just beeh speak,
ing Of After stating General Eppa ltuntOn had
previously testified that General Il. l.. Leo orHeiSu
n force ont of the works OF March 81 To attack the
Fifth Corps and keep the White Oak road open, the
witness said that shortly after moving 3ul tue Coh
fcterates encountered part Of the tltn CORPS anu
drove them To the branch of the GraYelly ~ l. .OuJ
afterwards the Confederate line swung nhck 10
where 10 had first encountered the Federal iQrceS
The Court will meet this morning at ii o'clock.