to the surrender I felt that we were in very desperate circumstances, so much so that I sought out Lieutenant-Colonel Downey, commanding the Third Maryland, immediately on my right, and stated my apprehensions to him. I told him that discovered that the enemy were erecting batteries on the south side of the Shenandoah, the opposite side from us, which would enfilade our lines.

By the COURT:

Question. Was that on Loudoun Heights?

Answer. Yes, sir; but extending up in this position [pointing out on the map], farther west than the battery on Loudoun Heights. Colonel Downey seemed to feel as I did, and, in company with myself, called upon Colonel Stannard, of the Ninth Vermont. Upon consultation with him a messenger was sent to the commander of the brigade, Colonel Trimble, who very soon made his appearance. After some conversation, I understood Colonel Trimble to say distinctly that it was Colonel Miles' order that the position then occupied should be held. Some slight changes were made in the Third Maryland and the Ninth Vermont Regiments, which took place about 4 o'clock in the morning. I told Colonel Trimble that I thought we were trying to defend a position which, unless there were some other means taken, it would take 50,000 men to defend. I thought our lines were entirely too extended. I knew of no reserves in rear of my line; but the circumstances attending my arrival there, the enemy being in force, and making an attack immediately the next morning, gave me no opportunity to look around. I did not even know the force that was there present at the Ferry. I did not know how many guns there were, nor the location of the batteries. At the time of the surrender I was not in a position to see to the westward or northwest of Bolivar Heights. I did not know what force might be there. And my opinion, if I give one, must be based upon those things.

By the JUDGE-ADVOCATE:

Question. What effect, in your judgment, did the evacuation of Maryland Heights have upon the strength and security of your position?

Answer. The evacuation of Maryland Heights seems to me to be yielding the point of the position. I expressed my astonishment to Colonel Trimble. The first I heard of it, I think, was from Colonel Trimble, who remarked to me incidentally that Maryland Heights had been abandoned. I said "Maryland Heights abandoned!" He said "Yes."

By the COURT:

Question. Do you not think that Maryland Heights could have been easily defended against the whole force of the enemy near Harper's Ferry?

Answer. I do not think that Maryland Heights could have been "easily" defended. Leave out the word "easily" from the question and I can answer it.

By the JUDGE-ADVOCATE:

Question. You say, then, simply, that they could have been defended?

Answer. In my opinion they might have been defended. I am speaking now from the knowledge I have of the condition of the forces there.

By the COURT:

Question. Did the enemy occupy Maryland Heights in such a way as to annoy the forces in Harper's Ferry and on Bolivar Heights?

Answer. They did not occupy it so as to annoy the portion of the command with which I was connected. I was on the extreme left.

Question. Did they have any artillery there?

Answer. I do not know.

Question. You discovered none there?

Answer. I did not see any.

Question. You did not see any artillery fire from there after our troops abandoned the position?

Answer. I do not recollect seeing any.

Question. Did you see the enemy on Maryland Heights?

36 R R-VOL XIX, PT I