Answer. I do not. In the last order I received there was no order to ignite that; there was a guard over it.

Question. Did the guard come in when you did?

Answer. Yes, sir; they came away.

Question. Without lighting the beacon?

Answer. Yes, sir.

Question. Had the artillery been used at all on the heights?

Answer. Yes, sir; they had been throwing shell over in the direction of Solomon's Gap before we came down; rather on the west side of the heights, in the direction of Solomon's Gap.

By the JUDGE-ADVOCATE:

Question. There had been no failure of ammunition?

Answer. On the mountain?

Question. Yes, sir; on the mountain.

Answer. No, sir; there had not.

Question. What is your judgment as to the necessity of making that evacuation at the time it occurred?

Answer. I am satisfied in my own mind that if we had remained there half an hour longer we would probably have been all taken prisoners. This, of course, is judging from the amount of force I saw in front, and the force approaching from the valley below; that is, coming up the side of the mountain. They had passed clear around our left flank, and were on the west side of the mountain then in large numbers.

Question. Did not your position give you great advantages in the way of defense against the approach of the enemy in that way?

Answer. No, sir; it did not. There was nothing there to protect the men, except what this one company of our men got up while they were on picket the day before this occurred. It rained that day, and they worked nearly all day in the rain cutting down timber and putting up a little breastwork, which extended part way across the mountain. Aside from that, there was no protection nor preparation whatever.

By the COURT:

Question. What amount of re-enforcements altogether do you suppose arrived that morning?

Answer. I do not think, take them altogether, that there was over one regiment came.

Question. What do you mean by one regiment, 800 men?

Answer. A thousand men; I do not think there was more than that.

Question. You spoke of giving orders to these men as they came up. Were you in immediate command of the troops there?

Answer. I was not placed in command. I was placed of my men. Colonel Sherrill came, and we consulted together in regard to the position.

Question. Who was the ranking officer present?

Answer. Colonel Sherrill.

Question. Where was Colonel Ford during all this time?

Answer. Down at the battery, near his headquarters.

Question. Were there any instances of bad behavior on the part of regiments-running away?

Answer. There was.

Question. What regiment?

Answer. The One hundred and twenty-sixth New York.