immediately to hitch on their horses, and Colonel Miles came along and said, "Who gave your orders to do this?"

Answer. I do not recollect.

Question. You recollect there was such a report?

Answer. Yes, sir; there was a report at one time that they were firing beyond Charlestown on the forces that were firing on us.

Question. Do you recollect my making a written application to provide cattle for the siege?

Answer. Yes, sir; you made a verbal application first, and then a written application.

Question. Do you know what battery fired the last shot when Colonel Miles had already raised the white flag?

Answer. One of the 6-pounder rifled guns under Captain Von Sehlen.

Question. Under whose command was that battery?

Answer. It was in your brigade.

Question. Who was the last man to raise the white flag?

Answer. I do not know.

By the COURT:

Question. You have stated that a conversation took place on Maryland Heights between Colonel Miles and Colonel Ford, at which all were requested to withdraw but yourself.

Answer. I was not excepted, but I went in and he found no objection, and I staid there.

Question. Have you stated the whole of the conversation that took place between them on that occasion?

Answer. I do not recollect the exact conversation; but the substance of it I have stated. The substance of it was that Colonel Ford was to hold the heights at all hazards, and if Colonel Miles could send him any forces without weakening his front he would do so.

Question. Can you tell why he sent the order about the cows' tails dropping off?

Answer. Because Colonel Ford had sent down word that his regiment would not fight, and that he could not hold the heights.

Question. It was in that conversation that Colonel Miles told Colonel Ford to spike the guns if he was obliged to evacuate the heights?

Answer. Yes, sir.

Question. You cannot recollect the conversation in detail?

Answer. No, sir; I know that Colonel Ford represented that he was prossed very hard there.

By General WHITE:

Question. Prior to my return from visiting the commissioners on the part of the enemy, Colonel Miles was wounded, and was not capable of attending to business?

Answer. Yes, sir; he was wounded and was not capable of attending to business, and did not.

By the COURT:

Question. Did you keep a copy of that order you sent over to Colonel Ford?

Answer. Yes, sir.