Answer. The order was sent by an orderly, and the receipt came back on the envelope.

Question. By whom was the receipt signed?

Answer. By Colonel Ford.

Question. What do you know about the order given by Colonel Miles to Colonel Ford, ending with the words, "You can hold the heights until the cows' tails drop off"?

Answer. That is the order to which I have just referred. He wrote the order in these words:

Since leaving your position on Maryland Heights and coming on this side, I can see that your position is much more defensible than it appears at your station, covered as it is by the guns at Camp Hill.

You can hold on and must hold on until the cows' tails drop off.

By the JUDGE-ADVOCATE:

Question. Was that order given subsequent to his last visit to Maryland Heights?

Answer. Yes, sir.

Question. After the re-enforcements had been asked for?

Answer. Yes, sir; that order was sent by an orderly, and that orderly brought back an envelope with Colonel Ford's receipt upon it; I do not know whether it was the envelope of that order of a previous order, but he always had orders to bring back the receipt.

Question. Were you present when Major Hewitt called on Colonel Miles for re-enforcements? If so, state what passed.

Answer. I was not present when Major Hewitt called upon Colonel Miles.

By Colonel D'UTASSY:

Question. Do you remember that, when the heights were evacuated, I asked permission of Colonel Miles to retake them?

Answer. I was present when you proposed to Colonel Miles to take your regiment over there and bring off what stuff had been left there.

Question. That was on the subsequent day; but on the day of the evacuation, when Colonel Miles expressed his surprise at it, I right away turned myself to him and asked him if I could have permission to go and retake possession.

Answer. I do not recollect that exactly; I recollect your proposing to Colonel Miles to send your regiment over there; that you believed you could go over there and hold the heights with your regiment.

Question. I will recall to your mind some particulars. The colonel, when he was the evacuation, made some exclamations in regard to it. There was present, besides yourself, another officer. I said, "Colonel, will you give me permission to go over with my regiment, or even with my whole brigade? I can hold the place." He said to that, "I can say nothing now until I know something more about it." The following day I again asked permission. That permission was not granted to me. I addressed myself to you personally, and said, "What is your opinion about it? Can I dare to risk it on my own account?" You said, "Decidedly, do it." I then sent over some volunteers, four companies, and brought down all the guns and ammunition there.

Answer. I remember so far as that you represented to Colonel Miles that you should take your regiment over there and hold the heights. And after Colonel Miles mounted and rode off, you represented to me that you should like to take two companies over be right. I said that I could not give you the order, but if you thought fit to go there, I would take the responsibility, if I were you. Your regiment was over there at the time of the evacuation. I recollect the conversation with Colonel Miles so far as that