Major T. J. Jackson, a witness on the part of the prosecution was called, duly sworn & deposed as followsOn or about the 4 May 1852 while the accused was attending recitation in the Department of Nat. Phil. at the Virginia Military Institute, I sent him to the board to find the hour angle of the sun. His result was not obtained in a manner satisfactory to me. I sent him to his seat, he asked me in what his error consisted. I considered his manner disrespectful. I sent Mr. Blankenship to the board and gave him the explanation of finding the time of day. Having examined the new edition I saw that I could not reasonably expect from the accused the demonstration given in the old edition which I had studied. Some time after I saw my error I sent the accused to the board & gave him the same proposition as before and during his recitation gave him the explanation for finding the time of day. He appeared to object to the investigation & wished to know whether such explanation was reqd. of him. I told him he was not expected to understand the subject but that it was my duty to explain it to him. I said this in what I considered a conciliatory tone. I considered his conduct disrespectful. Previously to the section's leaving the recitation room he said to me that my conduct must change or his must. I believe he asked permission to speak before this. He wished to continue talking, but I did not wish him to do so & told him so. I told him that all I required of him was that he should behave himself.
The next day he returned to the Section room in the Department of Nat. Philosophy. Mr. Whitney, a member of his section, asked me to give an explanation of the method of finding the time of day. I did so, and then sent several members to the board and called on Mr. Blankenship to give that method. Subsequently I called on Mr. Walker to do the same. He stated that he did not know how to do it & being informed by me that I had explained the method to him the previous day, he said that I had attempted to do so. I told him that I did explain it but that he might not have understood it. I said this in what I considered a conciliating tone. He again stated that I had attempted to explain it, and that I did not ask him whether he understood it or not. I considered his manner improper. I considered it insolent. I called his attention to his manner being improper & as he continued to talk, I ordered him to stop---he disobeyed the order saying he would stop talking if I would stop, or words to that effect. I again ordered him to stop, saying Silence, Mr. Walker, or words to that effect, in an imperative & authoritative tone. He again disobeyed the order & said he would stop talking if I would stop, or words to that effect. After I had given the last order I sent him to his seat. I subsequently reminded him of his assertion of the previous day--that his conduct must change or that mine must. I told him that mine would not change. In reply I understood him to say that he had said that he did not intend to change his. After some reflection I ordered him to his quarters under arrest.