had any call for more artillery there. He said "Yes." I said, "I am going to make a report, and I will suggest strongly to Colonel Miles to take one section of your artillery higher up." That night I made the report to the colonel

Question. What was done with the guns you brought down when Colonel Ford abandoned that position?

Answer. Colonel Miles placed them somewhere below, but where I do not know, but he positively refused me to have them taken up to strengthen my position on Bolivar Heights, although I urgently begged it. I must say that my impression was that he considered the case so forlorn from the moment of the evacuation of Maryland Heights that he did not urge things on as he did on former occasions, as long as we were still holding the heights.

Question. You went up the next day and brought these guns down. How were they left by Colonel Ford?

Answer. Two were perfectly spiked; the other two had a nail in, which was drawn out. They were not sufficiently spiked, and I begged to have them to take up to my position; but it was not allowed. They were brought into the town.

Question. Was it not your opinion that those guns could have been brought away by the troops when they came away?

Answer. My regiment asked permission to bring them down, and it was refused.

Question. Who refused it?

Answer. I am not prepared to say that, because one said this and the other said that, and I do not wish to leave an imputation upon anybody particularly.

Question. You only know from hearsay that it was refused. Did you receive any refusal from anybody?

Answer. No, sir, because I was not in command of my regiment there, but Major Hildebrandt was refused, and he reported that refusal.

Question. Is it your opinion that, with proper dispositions made on Maryland Heights, the place could have been held until you could have received re-enforcements?

Answer. Yes, sir.

Question. Do you know of any order to Colonel Ford to abandon the heights?

Answer. No, sir; except from hearsay.

Question. You know of none, of your own knowledge?

Answer. No, sir.

Question. Will you state what took place in the council just previous to the surrender, the council in which it was determined to surrender; who voted for the surrender, and who voted against it?

Answer. I cannot say what took place previous to that, because I was attacked on my right flank, and I was down in the place directly below Bolivar Heights. Lieutenant Willmon came up to me on foot, and said, "Colonel Miles wants to see you." I went up with my adjutant, two aides, and three orderlies on horseback. On approaching Colonel Miles, he said, "Good gracious Heaven! get down from your horse; you will draw the enemy's fire on you." I smilingly replied, "Don't mind that; evil grass is never lost," meaning that there was no danger. He said, "Well, if you don't care, I don't want to be shot on your account; get down off your horse and send off your horses." General White and Colonel Trimble were present. I dismounted. Colonel Miles said, "Well, my boy, we meet again under unpleasant circumstances." I said, "Why?" He replied, "Well, we don't know what to do." I asked, "In what regard?" "Well," said he, "we must surrender." I looked at him a moment, and then said, "What! surrender?" Yes, sir," he said, "what do you want to do?" I told him, "Cut our way through." "Poh," he said, "bosh! nonsense! to-day it is too late." I said to him, "Colonel, I offered to do the same yesterday, and I suggested it to Colonel Davis, who, as you see, did it." "Well," said he, "yesterday is not to-day; what shall we do to-day?" I said, "Is it a council of war or is it a mere