Question. Do you recollect the efforts made by Colonel Miles and myself to get those troops to go back?

Answer. I do.

Question. Did you partake in those efforts?

Answer. I did; and actually used my sword and pistol.

Question. Do you recollect of seeing Colonel Miles and myself in the valley down below, making efforts to get those troops back?

Answer. I do.

Question. And on the slope?

Answer. Yes, sir. I recollect now that Lieutenant Willmon was with us that day, because I was left to bring back the One hundred and twenty-sixth New York down at the bottom of the hill, and when I got them up to the Garibaldi Guard, I directed them to go on the hill and join the rest of their regiment, and gave orders that they were not to be allowed to go through the lines of the Garibaldi Guard. Some one reported that the One hundred and twenty-sixth regiment, on top of the hill, were retreating, and Colonel Miles sent Lieutenant Willmon on the hill with orders, and he staid there something like an hour, Colonel Miles and myself remaining down below, picking up stragglers from the One hundred and twenty-sixth, and posting the One hundred and fifteenth.

Question. Did you hear Colonel Miles make any remark about this regiment?

Answer. Nothing, except that he called them damned scoundrels whenever he met them.

Question. Did you hear him say anything about the effort of their leaving?

Answer. He said that one regiment skedaddling in that way would cause a panic through the whole, unless some stringent means were used to prevent it. So far as I say, you were using every effort yourself, and so were your officers, to prevent it.

Question. Do you recollect my going into an old house there privately with Colonel Miles, and having a conversation with him?

Answer. Yes, sir.

Question. Do you recollect Colonel Miles requesting all to go out?

Answer. Yes, sir; and all went out but myself.

Question. You do not know what he said about the effect of these troops running, except what you have stated?

Answer. That is what I recollect, and that it would eventually cause the evacuation of the heights.

Question. Do you recollect Colonel Miles saying anything about spiking the guns?

Answer. He said if you were forced by overwhelming numbers to leave the position, not to do so without spiking the siege guns, and rolling them down the hill as far as you could; that the position was not to be abandoned without spiking the guns.

Question. Have you the envelope that receipt was written on, that you have referred to?

Answer. I have not; we did not keep them.

Question. Were not a great many papers sent up there that day?

Answer. I do not recollect that there was. We received some from you; one that you feared that you could not hold the heights, and one afterward asking for ammunition, and afterward you sent a verbal communication for ammunition.

Question. What time did you leave the heights?