I met a Union picket. The first I met was a Union cavalryman of the Sixth Regulars. It did not look to me like the Union troops were within two hours of Harper's Ferry at the time of the surrender. I met no Union forces between Harper's Ferry and Frederick.

Question. When did you leave Harper's Ferry?

Answer. On Wednesday afternoon at 3 o'clock.

Question. That was the day of the Antietam fight?

Answer. Yes, sir.

Question. That battle was fought to the northward of Harper's Ferry, was it not?

Answer. The battle was fought a long distance up the Antietam Creek. The ford of Antietam is, I think, 12 or 15 miles from Harper's Ferry.

Question. If you had wanted to find Union troops would you have gone to Frederick to find them?

Answer. That was the nearest point; where the battle of Antietam was fought was farther from Harper's Ferry than Frederick.

Question. Which road did you take?

Answer. Across the pontoon bridge and down the Potomac road.

Question. Did you go up the river after crossing the canal?

Answer. We went down the river to Berlin, Sandy Hook, Jefferson, &c.

Question. That would carry you off from Sharpsburg?

Answer. Yes, sir; it was the nearest route to Frederick.

Question. But not to Hagerstown?

Answer. No, sir.

Question. You say you were with Colonel Miles from the time he was wounded until he died?

Answer. Yes, sir.

Question. Did his mind wander any during that time?

Answer. It did at times; at other times it was very clear.

Question. You heard everything he said?

Answer. Yes, sir.

Question. He uttered no disloyal expressions at all?

Answer. No, sir; and directly the reverse.

By Colonel D'UTASSY:

Question. You have stated that on the night before the surrender several officers of the infantry came down and offered to cut their way out; do you remember their names or their faces?

Answer. I cannot recollect; I know there were three infantry officers there making these offers; I did not go into the room, but I heard them talking.

Question. Do you remember my sending down several times for artillery ammunition?

Answer. I do not recollect of but once; I might not have been present at other times; I was present several times when Colonel Ford asked for ammunition.

Question. Do you remember on Sunday afternoon, when Colonel Miles was riding along on Bolivar Heights, a report spread that General Sigel was advancing, and I ordered Captain Von Sehlen's battery

38 R R-VOL XIX, PT I