Answer. I think if our infantry had been drawn up in line of battle to meet a demonstration of the enemy in the way of the assault that was prepared for us, they would have been utterly annihilated by the enemy's artillery previous to the enemy's infantry reaching us. One-half of the men would have been butchered. They would all have been taken prisoners before night.

Question. The persons who are under arrest in connection with this investigation are Colonel Trimble, Colonel Ford, Colonel D'Utassy, and myself. If you had any opportunity to know the conduct of any of these officers as officers during the siege, I would thank you to state it.

Answer. I had every opportunity.

Question. I do not mean the particulars of their conduct, but its general character.

Answer. I know of no commanding officer of a brigade that, in my opinion, did not do his duty to the utmost of his power. I had more opportunities of seeing yourself and Colonel Trimble, who were in the heaviest part of the fire on Monday morning, than I had of the others. Colonel Ford I did not see anything of after the evacuation of Maryland Heights. I understood that he was sick.

By the JUDGE-ADVOCATE:

Question. You do not mean, then, by your remark in reference to the conduct of these officers to say that Colonel Ford did his duty in evacuating Maryland Heights?

Answer. No, sir; I mean to say that as long as he was on duty on Maryland Heights he appeared to do all he could. The evacuation of Maryland Heights, in my opinion, was somewhat precipitate. What the real circumstances in his front were I do not know; I know he was fighting there for two or three days.

Question. Could not the force from Harper's Ferry have been withdrawn on the night previous to the evacuation of Maryland Heights, and thrown on Maryland Heights, and then could not those heights have been held against the forces of the enemy, and would they not have commanded Harper's Ferry?

Answer. I think if all the troops in Harper's Ferry had been withdrawn on to Maryland Heights it could have been done, but you would have to throw them on the top of the heights, and the immense difficulty of getting up subsistence stores and ammunition to the troops after they were there would have required two or three days; and, after they were so placed, there was no means of supplying the men with water. From the representations of others and from my own observations, I know there is no kind of chance for men to live there for the want of water, without going a great distance for it.

By General WHITE:

Question. Do you think Maryland Heights could have been reoccupied by our troops after the enemy had occupied it?

Answer. I do not think our troops could have reoccupied Maryland Heights after the enemy had thrown their force on the crest of the hill. I know the enemy were there in large force, and I know, from observations that I made and from conversations I have had with Confederate officers, it was their determination to take Maryland Heights previous to any strong attempt to attack us in front, to silence those guns. That was their principal aim and determination.

By the COURT:

Question. Have you heard it stated that Colonel Miles, after he was wounded, said that he had always been in favor of the Southern Confederacy?

Answer. I know he never made any such statement; I never left his side, except for perhaps fifteen minutes at a time, after he fell until he died. I heard him remark several times previous to his being wounded, and after he was wounded, that he could not see where General McClellan was, or if any attempt was to be made to succor us why it had not been done. I would furthermore state that I remained at Harper's Ferry for three days after the surrender, and then rode 36 miles on horseback before