Answer. About 10.30 o'clock. We had left the heights a little over two hours previous to the evacuation.

By the JUDGE-ADVOCATE:

Question. Did the subordinate officers of this One hundred and twenty-sixth New York participate in this panic, or was it confined to the men?

Answer. It was the whole regiment, as I understood. They represented that it was under the orders of their major, Major Baird; I had orders from Colonel Miles, and he gave orders to several other officers, that if [we] came across Major Baird, to arrest him immediately. We did not come across him. The men represented that they had no officers, except Lieutenant Barras. While we were talking, Lieutenant Barras came down, and reported to Colonel Miles that the officers of the regiment had gone; that he was the only officer left; that he had been using his utmost endeavors to have the regiment retain its position on the heights, and to keep them together, but that he had utterly failed. Colonel Miles said that the must go back and make them stand.

He merely said that his orders be obeyed, and went off.

By Colonel FORD:

Question. Did you hear Colonel Miles order me to arrest this Major Baird?

Answer. Yes, sir.

Question. At any time?

Answer. Yes, sir; at any time and place that you could find him. He gave orders to several officers to have him arrested immediately.

By the COURT:

Question. Do you know whether he was arrested or not, subsequently?

Answer. I think not; I have not heard that he was; I inquired for him once afterward on Bolivar Heights.

Question. Where were the colonel and lieutenant-colonel of that regiment?

Answer. The colonel had been very severely wounded, according to the representations made. I was not present. They had had quite a severe skirmish on the top of the hill, near the lookout. The panic commenced there, and the colonel, dismounting, took his pistols from his holster ad threatened to shoot the first man that ran. He was shot in the jaw, destroying nearly the entire jaw. That seemed to create a disturbance in the regiment, and nothing was done with them afterward. I never heard of the lieutenant-colonel; never saw him. I saw no officer of the One hundred and twenty-sixth New York except Lieutenant Barras and Colonel Sherrill. The men represented that they had not a company officer even anywhere there. They had all gone, where, I do not know; they were probably scattered around in the woods.

Question. There was the usual proportion of company officers on duty with the regiment?

Answer. They had a full complement of company officers. It was a full regiment when it arrived at the Ferry; probably 950 went up on the heights.

By the JUDGE-ADVOCATE:

Question. Will you state the circumstances which led to the surrender of Harper's Ferry; the events immediately connected with it?

Answer. I will commence with Sunday night. On Sunday night Colonel Davis, of the Eighth New York Cavalry, came down and represented that the cavalry was of no use there. There were nearly 2,500 cavalry, composed of a battalion of Rhode Island cavalry, a battalion of the Maryland Potomac Home Brigade Cavalry, the First Maryland Cavalry, and the Twelfth Illinois Cavalry. Colonel Davis represented that the cavalry was of no use there, and if we were obliged to surrender the place eventually they would be as great a prize as the enemy could get. Furthermore, that we had no forage for the horses, and they were perfectly useless there, and he desired the privilege of cutting his way out. Colonel Miles then issued an order, or sent his orderlies around to the different commanders of cavalry to meet at his office that evening.