Question. I understood that this application was made by the colonel when Colonel Miles expressed his astonishment at the evacuation?

Answer. He could not go them, for his regiment was already on the heights.

Question. But after he discovered the evacuation?

Answer. I think it was after they had got down from the hill. His regiment was already over there, at the time of the evacuation, under his major [after a slight pause.] Now, I come to recollect it, it was at the time we first discovered the evacuation that Colonel D'Utassy proposed to go over there himself, and take his regiment, and, if Colonel Ford saw fit to take the rest down, he could do so. Colonel Miles represented that he could not give the order until he saw Colonel Ford and understood the circumstances.

By Colonel D'UTASSY:

Question. I said, distinctly, in the hearing of both of you, and of other gentlemen, that, whatever Colonel Ford thinks, I was willing to take my brigade and hold the position there; in which case I would take my regiment over there and stay there, and Colonel Miles said, "I cannot give any orders until I hear from Colonel Ford."

Answer. That was the remark, and that, the big guns being destroyed and spiked, there was no necessity for Colonel Ford or any one staying over there.

By the COURT:

Question. Was that all in one conversation?

Answer. Yes, sir.

By Colonel FORD:

Question. At what hour in the day did you and Colonel Miles come up there?

Answer. It was between 8 and 10 o'clock. I think it was about 8.30 o'clock. Previous to that I had been down to Sandy Hook.

Question. Who were in company with you when you came over there?

Answer. I think I was alone with Colonel Miles.

Question. Alone with him?

Answer. I think so; I am not certain. Sometimes Major McIlvaine accompanied him, and sometimes Lieutenant Willmon. But I think that that morning I was alone with him.

Question. Do you recollect that you two came over there together alone?

Answer. I think so.

Question. What was the condition of the troops in the little valley, and below the battery, coming down the pathway?

Answer. The Garibaldi Guards were formed in line of battle to the left of the heavy guns, extending from the little breastworks where the howitzers were up the mountain.

Question. What did you see at the hospital, and the old house, and the road coming down?

Answer. I saw no troops there except the One hundred and fifteenth New York; that came up there that morning, and while we were there they were sent down, I think under the direction of Major Steiner, thrown down into the woods into the path to the left of your headquarters.

Question. Did you notice the breaking of the troops from the mountain?

Answer. Yes, sir; I saw no other troops except the One hundred and twenty-sixth New York, who were scattered all over creation; I saw none of your regiment there.