Answer. I do not; I do not know what the agreement was between you and Colonel Miles; I stood apart from the conference somewhat; what I heard was simply to catch a few words here and there.

Question. Who officiated as chief of artillery?

Answer. Major McIlvane.

Question. Did he report on Sunday at any time, in the latter part of the day or at night, that the artillery ammunition was nearly expended?

Answer. Yes, sir.

Question. Did he report to Colonel Miles the next morning that it had all been distributed?

Answer. Yes, sir; that he found but thirty-six rounds, which had been equally divided between Captain McGrath and Captain Graham.

Question. Did Captain Rigby or Captain Potts, commanding batteries on the left, state, within your knowledge, to Colonel Miles, at any time on Sunday night or Monday morning, that their ammunition was expended?

Answer. They did not. Captain Graham, Captain McGrath, and Captain Von Sehlen reported that their ammunition was all exhausted. At that time the others on the left were pounding away incessantly, even after the council had broken up.

Question. Have you any knowledge of the number of batteries, or where they were located, of the enemy on the left of the line on Monday morning?

Answer. There were two intervals in the woods on the crest of Loudoun Heights.

Question. Commence with Maryland Heights.

Answer. On Maryland Heights I did not observe but two guns of the enemy on the crest of the heights above where our battery was. In my judgment, they were a 6-pounder and 12-pounder howitzer. One gun seemed to throw a great deal farther than the other. On the crest of Loudoun Heights there were two positions which the enemy had on Sunday afternoon. There were originally two log-houses there, which Colonel Miles had destroyed in the first part of the summer. The enemy were busy there on Sunday afternoon, and we were shelling them while they were planting their batteries. At 2.30 Sunday afternoon they opened from both of these positions. I think they were a quarter of a mile apart. The woods were felled there and left a gap. They opened with three guns at one interval and four at the other. Afterward they brought two guns down below, between the two intervals, on the crest of a rock, and opened there. I cannot say whether they were extra guns or from those two intervals. Then, down on the extreme right, opposite the left ridge of Bolivar Heights, there was a plateau there near a house.

Question. East of the Shenandoah?

Answer. Across the Shenandoah from Harper's Ferry. If anything, it was a little higher elevation than Bolivar Heights itself, and enfiladed the heights. I do not know how many guns the enemy had there on Monday. It was on Monday morning that they opened there. They had planted them during the night. They opened just before daybreak on Monday morning. It was very misty, so that we could not see where these gaps were on the Loudoun Heights, on the plateau; the only way we could tell their position was by the flash of the guns. I could not see the battery or the men working the guns, on account of the mist and smoke. I suppose they must have had some half a dozen guns on the plateau, if not more. The fire from that position was very heavy, I know; principally directed to Potts' and Rigby's batteries. Then on the Charlestown road the enemy opened four guns in the woods there, and to the extreme right they opened two guns, on the Sherpherdstown road, in a piece of woods.

Question. Have you not omitted the principal battery firing upon Rigby that morning, on the prolongation of the ridge of Bolivar Heights, below the road across the river?

Answer. To the left of the Charlestown road? On the Harper's Ferry side there was a battery there, down near the position where Colonel Downey had the fight the night before.