Question. Was that point commanded by Bolivar Heights?

Answer. Yes, sir.

By the COURT:

Question. Which is the highest, Maryland Heights or Bolivar Heights?

Answer. Maryland Heights.

Question. You said that Bolivar Heights commanded Maryland Heights; you mean that they were in range?

Answer. Yes, sir.

Question. Was that a written order?

Answer. Yes, sir.

Question. Have you a copy of it?

Answer. I have not.

Question. From whom was that order?

Answer. From Colonel Miles.

Question. Where is it now?

Answer. I could not tell you. When I received the order I read it in the presence of Captain McGrath, commanding the battery there, and Lieutenant Patterson, of our regiment. I do not know what has become of the order; I think that one of those gentlemen must have it.

Question. Was it addressed to you?

Answer. No, sir; it seemed to be a general order. It was brought to me and read to me, and then taken away. Lieutenant Patterson brought it to me, and Captain McGrath was near by and heard the order road.

By the JUDGE-ADVOCATE:

Question. You will proceed with your narrative.

Answer. This was on Friday. About this time Friday afternoon the One hundred and twenty-sixth New York Regiment reported to me. I was ordered also to station a line of pickets from the eastern slope of this mountain-a strong picket, extending up to the lookout, or up to our line where our picket was posted across the mountain.

By the COURT:

Question. Which was that, east or west?

Answer. The line would extend from the eastern brow of Maryland Heights in a northeast direction.

Question. Were your ordered to report to Colonel Ford when you went to Maryland Heights?

Answer. I was with him all the time, a part of his brigade. I established this line of pickets from that point up to the lookout. As I came up to the company stationed as pickets, I found them skirmishing briskly with the enemy. The balance of the One hundred and twenty-sixth New York left after establishing that line of pickets I placed in position, and they went into work skirmishing until dark. After dark everything became quiet, and our men lay right down in line. I then went down to Colonel Ford's headquarters and reported to him the facts; all that I had observed.

Question. Where were his headquarters?

Answer. On the Maryland side of the river.

Question. On the heights?

Answer. Down on the side of the mountain, near this battery. I ascertained that there was a large force of the enemy there, immediately in front of this line that was formed across the mountain. We were near enough to hear them talk, and to bear their canteens rattle.