marched again, and I saw one of General Lee's aids, who told me that the rear-guard of the enemy was ours; and General Lee himself, some time after, told me something like it in less positive terms. He desired me to tell at the head of Wayne's division, where Colonel Livingston's regiment was, to file off along the wood; and, upon my representation that the cannon could not pass, he told me that the cannon could go along the road. Some moments after General Lee told me that those should go along a fence that was upon our right. An Aid-de-Camp from General Lee told me that the enemy were gaining our right, and that I should prevent them by gaining their left. I went to General Lee, and I understood it was his intention. Then I found one of the columns under the fire of the enemy's artillery almost before the front. I told Colonel Livingston, that as soon as the other columns would form on my right, rather than to stay there still, it was better to go to take the enemy's batteries that were before us. I was surprized, then looking back, to see some of our troops forming towards the village of Freehold, as they were behind me. I was then told that the troops had been ordered to form there by General Lee, and supposed it was on account of the openness of the field, or the fear of being turned in flank. I rode, myself, to General Lee when Colonel Livingston was retiring; I found General Lee towards the village giving orders that the troops should take post farther back, and disposing some of them in the woods to annoy the enemy; then I saw all the columns of our troops going that way; I was then afraid, as these with whom I was were not going very fast, that the enemy would point some battery towards them. General Lee began to form some troops in that new position, and told me that I should take care of their right; then it was told to General Lee that some of the enemy were filing by their left, and General Lee ordered a new position to be taken back, and the cannon to be removed. While this was doing General

Washington arrived. Afterwards I acted by direction of General Washington, and went to the command of the second line.

Q. Did the troops under the command of General Lee, to your knowledge, make any attack on the enemy the 28th of June?

A. I cannot say that I saw them make any attack on the enemy; I saw them setting out for that purpose, and I heard some noise of cannon; but cannot tell from which party they were fired.

Q. Were you with General Lee's troops from the time they set out to attack the enemy to the time they returned?

A. I was with General Lee's troops until General Washington came up. At that time I was remaining with a very small part of General Lee's troops.

General Lee's question. If any attack had been made on the enemy, were you in a position that you could have seen it?

A. No.

General Lee's question. From what you saw, and from everything that was done, had you not the greatest reason to conclude we either had attacked or put ourselves into such a situation to bring on their attack?

A. By what Mr. Malmedie told me, and you afterwards, my idea of the matter was such that you wanted to cut off a small part of the enemy's rear, and that nothing was to be feared but to lose time or ground; but that your intention was to cut off that part I could not judge but by what you said to me.

General Lee's question. Did I not direct you to move with your corps towards the enemy in one particular direction, at the same time that I did another corps across a wood?

A. I received such orders for myself, but I know nothing about any orders the other corps received. I saw some other troops marching through the woods.

General Lee's question. Do you recollect the par

ticular words I made use of when I spoke of the party being ours?

A. The words were: My dear Marquis, I think those people are ours.

General Lee's question. Did you observe in my voice, manner, appearance, air or countenance, that I was in the least disconcerted, or whether, on the contrary, I was not tranquil and chearful?

A. It seemed to me by your voice and features you were then as you are in general.

Q. What number of troops marched out under the command of General Lee the 28th of June to attack the enemy?

A. About thirty-three hundred, exclusive of Colonel Jackson's regiment, and General Varnum's and Scott's brigades.

Q. What troops marched in front?

A. The troops under the command of Colonel Durgee and Colonel Grayson.

Q. Did you receive any orders from General Lee to advance and attack the enemy with your detachment, or did you receive any orders from General Lee to retreat?

A. I received an order from General Lee to gain the left flank of the enemy. I was told that the orders for retreating came officially from General Lee; when I arrived at Freehold, General Lee did not disapprove of it. All the other orders for retreating came from General Lee.

Question by the Court. Were the several corps that you have mentioned disposed so as to act collectively in support of each other; or were they separated by detachments?

A. When I was in the woods I could not see anything of the disposition. The part of the column I did see was together; for in the field I did not perceive any general compact plan, and the disposition at large, of General Lee, was not communicated to me.

Q. Did you gain the enemy's flank before you retreated?

A. I was going to do it, though I found there was not a good deal of time for doing it; but when I was at about the fourth part of what was necessary to be done, I saw that the other troops were going towards the village.

Q. Did you understand by their going towards the village that they were retreating?

A. I understood they were taking back a better position.

Q. When you retreated what distance were you from the enemy

A. I was leading the column the nearest to the enemy, and there we had some killed by cannon shot. Q. Could you estimate the number of the enemy from their appearance?

A. I could not see all, but I thought I saw about twelve hundred of them; their horse were covering their front.

Q. Were the enemy in motion at that time?

A. The enemy were marching towards us, and they were likely to make that movement which they make in all their actions to give jealousy to our right or left

flank.

Q. General Lee's question. Did you not express your apprehension for our right flank?

A. I told you that there was a gentleman who had seen some troops going that way, and I told you to take care of it.

General Lee's question. When you said you did not observe any compact plan, did you mean that the artillery did not, except when it was prevented by acci dents, such as ammunition being expended or horses killed, support the battalions, and the battalions the artillery, with more regularity than could be expected in manœuvres of this kind?

A. My meaning was, that I did not see what was the disposition of the several corps. I did find some want in the artillery, but that might be owing to accidents.

General Lee's question. Did I not express an intention of taking post in the rear of the ravine that crossed the plain, and for this purpose did I not detach you with a body of troops to take post in the village of Freehold, to see if the village would not cover our wing?

A. You pointed out to me the particular direction where the troops should go; you had told me a moment before to take care of the right, and I understood it was in case we should have taken a position on that spot.

General Lee's question. When you had reconnoitered the village of Freehold, did you find it afforded the security that was expected?

A. I found that the village did not answer any ma terial purpose.

General Lee's question. Did I give you any reason to suppose that the principle of our retrograde manoeu vres was founded on an apprehension of being pressed and beat in front, so much as it was founded on that of having our flanks turned?

A. I did not know which was your principle. The only reasonable principle to suppose was this, of having your flanks turned.

General Lee's question. Did you not observe in these retrograde manoeuvres, that the different eminences through the extent of country, from Freehold to the eminence where General Washington had taken place, were all in favor of the enemy, so that the eminence on the enemy's side commanded the eminence on

ours?

A. I did not remark that; but in some places the want of cannon was complained of.

General Lee's question. What authority had you to suppose that the Aid-de-Camp, who you were told brought orders from me to move back your corps as you were advancing towards the enemy, was sent by me?

A. I was told so, but I cannot say by whom, and as I had only one battalion in the field, and the others had retreated to Freehold, where you were, I thought that