proposed that the best thing we could do was to have a consultation of his officers. He then sent Lieutenant Willmon to the right for Colonel D'Utassy, and sent me to the left for Colonel Trimble. I could not find my horse, and I went down to the extreme left on foot. I found Colonel Trimble on horseback by his brigade, and reported to him the order. He started off, and I got back there in time to hear the latter part of the consultation. After some considerable conversation on the subject, Colonel Miles raised a white handkerchief, and ordered others to do the same, General White, I think, proposing to go out with a flag of truce.

By the JUDGE-ADVOCATE:

Question. State what you heard of that consultation, and what was said.

Answer. I do not recollect any of the conversation, except that I heard Colonel D'Utassy remark that he did not see any reason for surrendering.

Question. Was there any conclusion arrived at in which all the officers concurred, or did they just separate, and Colonel Miles himself give the direction that a white flag should be hoisted?

Answer. I did not get there in time to hear the opinions expressed by the different commanding officers. When they separated, Colonel Miles raised his handkerchief, and directed me and others to do the same. Whether that was the agreement of the consultation or not, I do not know. I was not close enough to hear.

Question. You say that Colonel D'Utassy said that he saw no reason for surrendering?

Answer. He made some such remark as that. After the council of officers had broken up, Colonel Miles remarked to some infantry, who were manifesting some dissatisfaction at the hoisting of the white flag, that it was merely for a cessation of hostilities.

Question. You spoke of the exhaustion of the ammunition. Have you any personal knowledge of that?

Answer. I only know from the report of the officers of artillery; except this, that on Sunday night Major McIlvaine reported that there were but thirty-six rounds left for the Parrott guns.

Question. How long had they been throwing shell?

Answer. From Thursday afternoon.

Question. Constantly or only occasionally?

Answer. Occasionally on Thursday afternoon. On Friday the two guns under Colonel Ward were firing, at intervals, almost all day, and on Saturday morning the guns under Captain McGrath in Colonel Ford's intrenchments. On Sunday morning we commenced throwing shell early in the morning on to Loudoun Heights, where the enemy were throwing up batteries. We kept up a constant shelling pretty nearly through Sunday forenoon, until Colonel Miles ordered us to save the ammunition, unless we saw something to fire at.

Question. How long after the retreat of General Pope's army did you hear of the approach of the enemy toward Harper's Ferry?

Answer. It was about the 1st of September that our pickets were driven in. Our communications were cut off on the 3rd of September, both railroad and telegraph.

Question. You mean those with Baltimore?

Answer. Yes, sir; for two or three days our communications by telegraph were open by Martinsburg to Cumberland and to Pittsburgh, and thence to Baltimore.

Question. The supply of ammunition on hand was not such as to prepare you for sustaining a siege?

Answer. Colonel Miles always represented that he could hold the place for five days. The supply of ammunition was not very extensive. There had been a requisition made for ammunition, which the railroad being cut off prevented us from getting. On the 1st of September there was a letter sent from Baltimore to the ordnance officer, representing that they had no ammunition there suitable for the guns we had, and