Question. The enemy had not then taken possession?

Answer. At that time I sent out one company of skirmishers, and they fired two shots in all. No enemy was visible there, and that was twenty-four hours after the evacuation.

By the COURT:

Question. What could have been the urgent necessity for abandoning Maryland Heights, when there was no enemy there for twenty-four hours afterward?

Answer. At the time they were abandoned the report that came to me was that two hours previous to the abandonment we had lost considerably. Major Hildebrandt, who was in command of my regiment, reported to me 1 missing, 2 killed, and 16 wounded. I had sent over the One hundred and fifteenth Regiment, and I know they also lost some. I asked at what o'clock the fight took place, and they told me about three hours before the order came to leave the place.

By the JUDGE-ADVOCATE:

Question. Have you any question but that the heights could have been successfully reoccupied at the time you went up?

Answer. I am positive they could.

Question. And held as before?

Answer. Yes, sir.

By the COURT:

Question. What guns did you propose to put up there?

Answer. The four guns I brought down, and which I requested Colonel Miles' permission to bring up to my own position.

Question. Was there ammunition for them?

Answer. For those guns there was plenty of ammunition. I had kept 50 men (all the tailors in my regiment) at work all day Saturday making bags for ammunition from the large kind, which I reduced to the small kind, which enabled me to keep firing on Sunday. On Saturday I received notice from the chief of ordnance that no ammunition for long range was there.

Question. What was the caliber of those guns?

Answer. They were 20-pounders.

Question. Do you know their maximum range?

Answer. I think that they were able to throw about 3,000 yards, because I spoke with Major McIlvaine before I suggested the plan of cutting down the trees in the hollow of Bolivar Heights, and he said to me, "I can sweep clear over your heights with my guns," and that, I suppose, taking an eye measurement, is about 2 miles. We has, as you well know, some navy guns, some three pieces; I suppose he meant those guns would carry so far.

Question. What description of gun-carriages were those guns on?

Answer. I do not know the English word for it; the French word is Lafayette.

Question. How could you have got them up on the hills?

Answer. The heavy ones-the navy guns-were already on the hills.

Question. But they had already been disabled?

Answer. Yes, sir; the four brass ones were on wheels.

Question. You would have had no difficulty in carrying them around?

Answer. No, sir. When I was over there, Colonel Ford said to me, "What is your idea? What do you think of my position?" Jokingly, I said to him, "The devil could not get you out of here." He said, "I am certain of it." Said he, "Are those forces enough here?" I said, "Yes; but not defenses enough; you must have two guns higher up, and some force up there, or the enemy will come and take you in a trap." He said, "I have given orders to take some companies there." I asked if he