Question. The object of the question is to show that the portion of the enemy's artillery that you saw was to the eastward and southward.

Answer. That is the artillery I saw; that is all I saw. As I have said, I could not see the battery stationed on the prolongation of Bolivar Heights, which enfiladed our lines; but I could see the effects of their shot.

Question. At the time of the surrender, that is, after the evacuation of Maryland Heights, if the artillery ammunition was, as reported expended, except canister and that class of short-range ammunition, and with so large a portion of the troops raw recruits that were there, do you think further fighting would have been useful?

Answer. I must confess I do. As I understood your question it is, "After the evacuation of Maryland Heights." Do you mean the morning of the surrender?

Question. I mean the morning of the surrender. The object of including the words "after the evacuation of Maryland Heights" is this: If the possession of Maryland Heights would have enabled the defense of Bolivar Heights and the retiring on that side, after the possession had been lost, and the report of the chief of artillery was that there was only ammunition of this kind, with these circumstances combined, was further fighting useful?

Answer. In the first place, I never heard until after the surrender that the ammunition had given out; never heard it so reported.

Question. The object of the question is to ascertain what your views would have been had you been called to a council, and it was so stated that that ammunition was expended, and the facts stated as they then stood, what you know of the enemy's force, &c., what would then have been your judgment?

Answer. I think that after daylight on the morning of the 15th it would have been almost impossible to have taken up any new position or line of defense other than the position the troops then held.

Question. Please state why you think so.

Answer. Well, sir, in the first place, many of the troops were raw troops; my own regiment was one. In the second place, the artillery on Loudoun Heights, on the south side of the Shenandoah, which had been established during the night, would have broken almost any infantry that we had there, and then there was the close vicinity of what I understood to be A. P. Hill's division, immediately in front of any regiment; so close, in fact, that it was reported, during the night, that we heard conversation and orders given. The moment any attempt to withdraw that line had been made there would have been an advance of that enemy, and they would have been at Harper's Ferry with us and have exposed our force, retreating, to the heavy artillery fire of the various batteries in position.

By the JUDGE-ADVOCATE:

Question. Do you think a retreat from your position during the preceding night would have been difficult?

Answer. I think it might have been done. It would have been under difficulties, because we were certainly in a position to task every officer's abilities.

Question. Both the bridges remained, did they not?

Answer. The bridges across the Potomac?

Question. The pontoon bridge.

Answer. I crossed the pontoon bridge after the surrender.

By General WHITE:

Question. Was there on Monday morning a reasonable hope of making a successful resistance?

Answer. I think I have answered that by saying that after daylight I thought it