private conversation?" He replied, "Well, I have half determined what to do, but General White said to call you all together." I said to him, "Then let the junior give his advice." Colonel Trimble was the junior, and he said, "Under actual existing circumstances, nothing else is to be done but to surrender." General White stood near us, but did not say one word. Colonel Miles went over to him, and said, "Well, your hear what he says." General White said, "Hear Colonel D'Utassy's opinion." I replied, "You know it; I will never surrender as long as I have a shot." Colonel Miles then began to curse, and said, "How many shots have you?" I sent for Captain Phillips and Captain Von Sehlen; the one had three shots, the other had one, long-range ammunition. When I heard that, I said, "I can do nothing else but surrender, particularly as you are averse to cutting our way out, but I will surrender only on honorable conditions." Colonel Miles then said to General White, "General, I will have to request of you to go out." I then turned to both of them and said, "Remember, I will surrender only on honorable conditions." General White said, "What do you mean by honorable, conditions? Be sure I will do my best to save our honor." I replied, "The very least we must have is for the officers to have the honors of war and to retain their side-arms, and the men must be saved the disgrace of passing through the enemy's lines." He said, "That I expect to get, and better still." With that I turned off and went down to my position, and gave orders to the artillery to spike their guns, and ordered the men to unscrew the nipples of their guns, which I thought I had a right to do, as General White had not then gone out to agree on terms. I tore down the flags of my brigade, which I brought away with me. When the white flag was ordered to be raised in my camp, I drew my regiments up in line of battle, ordered them to stack their arms, and kept them there until about 11 o'clock, when General Jackson came.

By Colonel FORD:

Question. Do you know anything about the number of the forces on Maryland Heights on Saturday, except by hearsay?

Answer. I know the official report which I received, which is as follows:

Colonel Ford, commanding the Thirty-second Ohio, will march his regiment as soon as possible, and take post on Maryland Heights, as its commander, for the protection of the battery at that post, and to maintain, at all hazards, that height.

Question. You misunderstand my question. I ask, do you know anything of the forces of the enemy on Maryland Heights on Saturday, except by hearsay?

Answer. Only by hearsay.

Question. You say that you think the heights ought not to have been given up. Do you mean that it should not have been given up to any force whatever? You say you do not know what force the enemy had there?

Answer. That is my private opinion; I never would have surrendered it.

Question. Do you say we ought not to have retreated or been driven down by any force whatever?

Answer. Driven down, yes; but not give it up.

Question. Do you know anything about the position that Major Hildebrandt occupied there?

Answer. No, sir.

Question. You do not know whether he was in the fight on the eastern slope of the mountain, on the northern slope, up the valley, or where?

Answer. No, sir; I only know they were fighting, and losing considerably.

Question. How long have you been a military officer?

Answer. I got my first commission in 1843, in the Austrian service, and have been in service all that time, including the war in the Crimea.

Question. How long have you been under the command of Colonel Miles?