Answer. I did not. I mean by saying "I did not," that I did not see them there until after the surrender. When we marched across the river I saw their picket guards, &c., there; that was all.

Question. Have you any idea of the number of batteries that were firing upon the command at the time of the surrender?

Answer. It is very difficult to tell. I tried to discover at the time, but I could not tell the number of guns in the various batteries. They were firing from Loudoun Heights from at least one battery there.

Question. From any other point?

Answer. Yes, sir; there was firing upon us from the guns posted on the plateau on the south side of the Shenandoah. I should think one battery there, and I thought I discovered one or two detached guns.

Question. Point out on the map.

Answer. There was a battery here, and there appeared to be a battery here [pointing to the places on the map], and there seemed to be one or two guns detached. I do not know whether there was one or two guns. And there was another battery on the extension of this road [indicating on the map]. I did not see this battery, but I saw the effects of the shot and shell.

Question. You heard it?

Answer. Yes, sir. It seemed to be in a position to completely enfilade the whole line. There might have been more. As I remarked before, it was exceedingly difficult to tell the number of guns located in any of these positions. I know there was a very hot fire.

Question. Did it occur to you at any time that the troops could have been withdrawn from this place?

Answer. From the position I occupied?

Question. That the whole army could have been withdrawn from this position.

Answer. It did, sir; I mean that the effort might have been made.

Question. That was your impression?

Answer. That was the cause of my conference with the two colonels on the night previous to the surrender.

Question. That conference had reference to withdrawing the army?

Answer. It had reference to doing something.

Question. That was after the abandonment of Maryland Heights?

Answer. Yes, sir; I presume so. I was informed the day previous by Colonel Trimble that Maryland Heights had been abandoned.

Question. Will you please to state what occurred at that conference?

Answer. Nothing further than what I have already mentioned-that I myself felt that our position was exceedingly desperate; that the line was very extended; so far as I could judge, but a thin deployed line of men on our left. The battery on Bolivar Heights, the earthwork, was of a very simple character. There was nothing to defend us in front; the trees had not been felled; there were no rifle-pits, and other things and the knowledge that I had that the enemy were erecting these batteries that I mentioned on the south side of the Shenandoah, which enfiladed the line I was on, induced me, after some reflection, to see Colonel Downey. I mentioned these things to him. He felt the same anxiety I did. We went to see Colonel Stannard. Colonel Stannard seemed to feel as we did. We sent for the commander of the brigade, Colonel Trimble. When he arrived there I do not recollect exactly the language used, but it was that we felt that something should be done, if anything could be done, and his reply in effect was that Colonel Miles had ordered that position to be held-the line we then occupied.

Question. When did this conference take place?

Answer. I should think about 11 o'clock on the Sunday night previous to the surrender; on the night of the 14th of September.