Question. What has become of the papers and records belonging to Colonel Miles?

Answer. The order book, letter book, telegram book, and other important papers were put in a box and sent from Harper's Ferry to Adams' Express. When we went to Adams' Express office to distribute the goods, we directed this box to General White at Annapolis. That was the last I saw of it. I went to Annapolis immediately afterward, and found that General White had gone to Baltimore and thence to Washington.

Question. In your card to the public, in giving that order, you wrote from memory?

Answer. Yes, sir; and I will vouch for it being word for word.

Question. Did you write the letters also from memory?

Answer. Yes, sir. That was not intended exactly for the public. From some conversation I had with the editor of the Boston Journal in regard to the censures which I found everywhere cast upon Colonel Miles, knowing them to be unjust, I made this statement in the Boston Journal, at the request of the editor of the Journal. I had no idea it would be published everywhere.

By Colonel FORD:

Question. You say that I sent down for re-enforcements after Colonel Miles left the heights?

Answer. No, sir; I did not say that. You sent down for ammunition.

Question. I did not send down for any re-enforcements after your left?

Answer. Not to my knowledge. While he was there you wanted re-enforcements, and he said he would send them to you if he could spare them from the front.

Colonel F. G. D'UTASSY, called by the Government, and sworn and examined as follows:

By the JUDGE-ADVOCATE:

Question. Will you state what position you hold in the military service?

Answer. I am the colonel of the Thirty-ninth New York Volunteers.

Question. What command did you have at Harper's Ferry during the events that led to its surrender?

Answer. From the 5th of September up to the 15th, the day of the surrender, I commanded the First Brigade.

Question. Will you state, as briefly as you can, your knowledge of the circumstances which led to the evacuation of Maryland Heights?

Answer. I must be permitted to read here a letter which, at the request of Colonel Miles, I wrote to him. It was on the 9th of September that he requested me to go with Captain Von Sehlen on Maryland Heights, and make a report of the position. That evening I wrote the following:

HEADQUARTERS FIRST BRIGADE, MILES' DIVISION, Camp White, Bolivar Heights, near Harper's Ferry.

Colonel DIXON S. MILES, Commanding Forces:

SIR: In obedience to your verbal orders to inspect the position of Maryland Heights and report to you accordingly, and to make such suggestions as I may deem beneficial to the interests of the service, I have the honor to lay before you the annexed topographical sketch, and to state as follows: I left at this 11 a. m., in company with Captain Von Sehlen. After having thoroughly inspected our position, at present under command of Colonel Ford, I find it, in my judgment almost impregnable, and so stated to Colonel Ford, who replied, "I know it, and certainly never will leave it." The heavy guns are so happily posted as to control not only Loudoun Heights, but could very easily shell any enemy attempting to take position on Bolivar Heights, provided the trees, which are in the hollow to the right of Bolivar Heights, could be felled; four which I asked permission. I cannot but praise the general good arrangement of artillery. Would, however, suggest to have two of the four 20-pounder brass guns moved higher on the road leading to the so-called observatory, which Captain Von Sehlen tells me could be accomplished with facility. If this section would be properly supported by infantry, and a few additional abatis be made. I feel convinced that no force whatever could possess itself of this