By the JUDGE-ADVOCATE:

Question. What was the character of the night? Moonlight or dark?

Answer. It was moonlight; slightly hazy.

Question. You think a retreat in the direction of Sandy Hook would have been practicable that night?

Answer. My idea was to withdraw the force entirely into Harper's Ferry, and retake Maryland Heights, if it was possible.

By the COURT:

Question. To withdraw the whole force into Harper's Ferry?

Answer. Yes, sir.

Question. After it was commanded by Maryland Heights?

Answer. To retake Maryland Heights, if it was possible. Harper's Ferry is down; in the town were many old walls, stone walls, bridges, and rocks which I thought could be made available. That might have been done at that hour, possibly, but I do not think that after daylight it could have been done.

By General WHITE:

Question. From your knowledge of the topography about Harper's Ferry, do you or not think it could have been defended successfully by the force there, without defenses had been erected on the heights, which command the position?

Answer. I do not think it could have been defended without the possession of those heights, or of Maryland Heights at least.

Question. Could that force have held possession of the different heights-those commanding Harper's Ferry-unless they had had artificial defenses erected, and have defended them against the force that came there, divided between Loudoun, Maryland, and Bolivar Heights?

Answer. I am not sufficiently acquainted with the country to answer that question.

Question. It is merely your opinion. You have been giving your opinion about other matters?

Answer. I could not give even an intelligent opinion, because I am not sufficiently acquainted with the topography of the country there. I was there but a very short time, and all that time, as I mentioned before, in the immediate command of my regiment.

Question. After the arrival of General White's command, was there time to construct adequate defenses?

Answer. I think I could say very decidedly that, in my opinion, there was not. If I am not mistaken, the attack had already commenced, by skirmishers at all events. The next morning, when I rode down, very early, the attack had then commenced on Maryland Heights. Colonel Miles came in and remarked, "Ford is stampeded."

By the COURT:

Question. When was this?

Answer. On the morning of the 13th. I had had a conversation with General White immediately previous. General White was waiting for Colonel Miles. Colonel Miles arrived, and, in course of the conversation, said, "Ford is stampeded." Said he, "He wants re-enforcements; and I am afraid we will lose Maryland Heights."

By General WHITE:

Question. Could you see the valley so as to see the enemy's force and his batteries from where your regiment was?

Answer. I could not. I presume you mean the valley on the west of Bolivar Heights.