They did meet there about 7 or 7.30 o'clock. He then told them that if they would consult together, and propose means of getting out, and to go by, he would issue the order giving them the privilege. There was considerable disputing as to the road they should take. Colonel Davis represented that he wanted to go up on the western side of the Potomac as far as Kearneysville, and then cross the river at Shepherdstown. Colonel Miles represented that there was extreme danger in their going that way. He and Colonel Davis had considerable talk about it, until, finally, Colonel Miles issued an order directing them to go across the pontoon bridge, then go up the Maryland side and take the Sharpsburg route, which they did. Colonel Miles said he did not wish the infantry to be aware of it until they were gone. They were to go without any led horses, with no bugle call, quietly and steadily. He was afraid if the infantry became aware of it, it would cause a stampede among them. I think Colonel Miles consulted with General White upon the subject.

By General WHITE:

Question. Do you remember the route I proposed for them?

Answer. I do not. On Sunday night some of the infantry officers-I do not know who-some of the commanding officers of regiments, one or two of them, came down and said the cavalry were going out, and wanted to know why they could not go, too. They said they did not see the necessity of staying there and being butchered by artillery without the opportunity of using their men and musketry in any way. I do not recollect who they were; there were one or two of them. They spoke of either surrendering or cutting their way out. Colonel Miles then showed them an order which he had received by the last telegraph from General Halleck, stating that the General Government had perfect confidence in him, and that he must hold out at all hazards and to the last extremity. He said he had some ammunition left, and, after that was expended, he would then talk about an evacuation or surrender. During the night some officers came down from the extreme right of Bolivar Heights. I think Captain Von Sehlen, of the Fifteenth Indiana Battery, and Captain Graham, of the Fifth New York Artillery, came down to Colonel Miles' quarters about midnight, and represented that the enemy were planting a battery on the Sugar Loaf, so called. That is directly opposite the extreme heights of Bolivar, across the river. It is a very steep little round mountain, which would rake Bolivar Heights fore and aft, right straight across. Captain Rigby and Captain Potts were also there, whose batteries were to the extreme left of Bolivar Heights, under General White. They represented that the enemy were planting a battery on the plateau, under Loudoun Heights, on the extreme left, which would rake Bolivar Heights in the same way the other one would. The colonel represented that he expected they would enfilade the heights the next morning in every direction. About an hour before daybreak on Monday morning, Colonel Miles called for our horses, and we went on Bolivar Heights. Before we arrived there, the enemy had commenced shelling us. The enemy's battery on the plateau, under Loudoun Heights, to the extreme left of Bolivar Heights and across the Shenandoah River, was the heaviest battery we had playing on us that day, completely enfilading the left wing of Bolivar Heights. General White was there superintending the planting of a battery, removing if from one position down on the plateau near the Shenandoah. I think Captain Rigby's battery was planted there, or Captain Potts'; I do not remember which one it was. It seemed to draw the principal part of the enemy's fire from that position. Colonel Miles, Lieutenant Willmon, and myself went up Bolivar Heights, dismounted on the slope of the heights, and, leaving the horses with the orderlies, we went up on the crest of the heights, down on the extreme right, where there were some intrenchments thrown up and a battery planted, to see what indications there were of the enemy. We staid there some fifteen or twenty minutes, when we started to go down on the left again. We met Captain Von Sehlen, who reported that his command was entirely exhausted, and we met Captain Phillips, who stated that his ammunition was expended. About the center of Bolivar Heights Colonel Miles met General White, and remarked to him that the artillerists had reported that they were out of ammunition, and he did not know what he should do; that he did not see that he could hold out any longer without the butchery and slaughter of his men, as the heights were being completely enfiladed. He asked General White's advice in the matter. General White did not seem inclined to recommend a surrender or anything of that sort. It was by Colonel Miles' proposition entirely, his first proposition, to raise a white handkerchief and ask for a cessation of hostilities.

Question. Before that was done, did I not advise Colonel Miles to call his brigade commanders together?

Answer. I was going to say that you then advised Colonel Miles to call together his officers. What I meant to infer was that the raising of the white handkerchief was by Colonel Miles' proposition. He asked your advice and, after some time, you