you represented to him that you should go over there and hold the position. Colonel Miles represented that there was no necessity for going there; that Maryland Heights was of no use to us, as our big guns were destroyed; that the enemy would not occupy it, having silenced our guns. It was of no importance to us then, and, therefore, he saw no necessity of going over there.

Question. Did I go over the subsequent day, twenty-four hours after the evacuation, and bring down all the small guns there and the ammunition?

Answer. Yes, sir.

QQuestion. Did the same ammunition that I then brought down afterward help us to continue the fight for twenty-four hours?

Answer. I do not know what ammunition there was there, or what was brought off, unless it was some ammunition that Colonel Ford called for on Saturday morning. He sent over for some ammunition, stating that the Thirty-second Ohio was entirely out. Half an hour afterward he sent again, and half an hour after that he sent again. I was sent by Colonel Miles to the ordnance officer to get cartridges of .45 caliber. The ordnance officer said he had none of that caliber except for carbines. Colonel Miles said those would answer, and there were three wagon-loads sent over there some hour and a half before the evacuation. I do not know whether it ever reached him, or whether it was brought off by Colonel Ford or not; I cannot say; I do not know whether it was left there or brought down by you subsequently. I do not know what ammunition you did bring down. I know that you brought down the brass pieces that were left there. I do not know whether the ammunition you got there helped to defend the place afterward, for I do not know what was there. I know there was some belonging to the 6-pounders, the howitzers.

Question. Can you say anything in regard to the behavior of my regiment on Maryland Heights, particularly when the One hundred and twenty-sixth New York Regiment ran?

Answer. On going on to the heights with Colonel Miles, we met nearly a full company of the One hundred and twenty-sixth New York coming down the road on to the pontoon bridge. Colonel Miles asked them what the trouble was. They said they had no officers. He ordered them back, and left me to bring them back. I did so, and got them on the heights, where I found your major. I asked if there was any guard there to prevent their leaving the heights. They said there was not. I then saw the major, and represented the circumstances to him, and he said they did not come down his way, but through the woods the other way. I left orders for him to bayonet or shoot any who should attempt to leave, and I understood that he had some difficulty with them afterward. The Garibaldi Guards were represented by Colonel Ford, with his own regiment, to be the only two regiments he could depend upon. The Garibaldi Guards, so far as I know, and as Colonel Miles remarked, did their duty to the best of their ability, and on their return represented as very indignant at being obliged to come back. When we were on the heights the regiment was in line of battle. It was the only regiment I saw. The rest were probably on the crest of the heights.

Question. So you are perfectly convinced that my regiment did, in every regard and in every respect, fully their duty?

Answer. They did, under your major; so much as to bring forth Colonel Miles' compliments to them. The only reason Colonel Miles gave for denying your proposition to go on the heights was that the heights would be of no use whatever to us after that.

By the COURT:

Question. That was the first conversation when he discovered the heights were evacuated?

Answer. It was after the troops came into Harper's Ferry.

Question. The next day?

Answer. No, sir; the same afternoon.

Question. Some hours subsequently?

Answer. Yes, sir; it was on Sunday that Colonel D'Utassy went back with four companies and brought back the guns, meeting with no resistance whatever.