been after 2 o'clock. My reason for it was that it was in compliance with the order I received when I went on the mountain.

By the COURT:

Question. Received from whom?

Answer. From Colonel Miles.

Question. What order was that you received from Colonel Miles?

Answer. That order I have spoken of, the first one about our being too hard pressed.

Question. Was that order given to your directly?

Answer. It was brought and read to me by one of Colonel Miles' men; he was a stranger to me. It was read to me in the presence of Captain McGrath and other officers.

By Colonel FORD:

Question. Whom did you leave in charge of the line on the southeastern slope of the mountain; what captain?

Answer. It was Captain Crumbecker.

Question. Did he notify you, before you gave that order to fall back, that the enemy were approaching on your left in overwhelming numbers?

Answer. Yes, sir. At this time Colonel Sherrill was wounded; after he was wounded his men mostly fell back in spite of all we could do. About this time Captain Crumbecker came to me, and gave me notice that the enemy were coming around on that part of the hill in large force.

Question. And you gave the order?

Answer. I sent forward a lieutenant, and instructed him to tell the men to fall back gradually and in order.

Question. After that order to fall back was given, describe the condition of the troops, especially of the One hundred and twenty-sixth New York.

Answer. They were in the utmost confusion, officers and men, without, as I deemed, sufficient cause.

By the COURT:

Question. The whole command?

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

Question. Were these facts reported to the commanding officer, Colonel Ford, or whoever was in command?

Answer. They were; he was aware of it.

Question. What did he do upon having these facts communicated to him?

Answer. I did not leave the mountain.

Question. Did Colonel Ford go up there?

Answer. He did not come clear up.

Question. What was done?

Answer. I was informed that he had a company formed there to stop their descent from the mountain. I think it was with the bayonet; that was the impression I got. I used my utmost endeavors to stop them on the heights when they began to fall back.

Question. They were not ordered to fall back?

Answer. No, sir; they went without orders from the first to the last.