The line of the One hundred and twenty-sixth Regiment was broken by the first fire, and Major Hewitt, with the Thirty-second Ohio, and I with my few companies had to go out in front so as to keep the enemy back. We held them with only a small force a very long time; after that we had to go behind a breastwork made of logs. After that I received orders from the adjutant of Colonel Ford to go down to the battery and give up two companies from my reserve to Captain Crumbecker, who was posted on a large rock, as a post of observation. I was to strengthen him with two companies of mine. Then two companies of the Thirty-second Regiment, on picket duty, were posted at the battery, and two companies of my regiment. I had then the command by the battery. I was not present at the second fire on the heights. I had taken a line at the batteries for their protection, as I was ordered. After the second fire I saw a very great confusion of these new regiments mostly; the One hundred and twenty-sixth ran down in a very great haste. They left their position and everything. Colonel Ford was at that time present by the battery. He was very mad, and gave me peremptory orders that I should not let them go out. They could not go through my lines, because I gave orders, when I saw the first retreat, to fix bayonets and shoot every one who should undertake to go through my line. I think the most of them went on the other side, on the left of our line. I sent out a few companies to hunt them up, and we had very great difficulty to get them again in order, so that the whole day I, and Colonel Downey, of the Third Maryland Regiment, had pretty nearly nothing else to do but to hunt after them to get them in order again; but it was impossible to restore the order. In the evening, after 4 o'clock, I saw most of the forces some down. I had no knowledge then why they all came down. They told me they had orders to withdraw themselves. My regiment was divided in many parts, and I had no orders to leave. Therefore I stood there until all came down; and after a short time I saw the Thirty-second Ohio Regiment come down too. I sent my adjutant to Colonel Ford, who was not present in his quarters at that time; but his adjutant gave me the order to concentrate my regiment and go over to Bolivar Heights. This is all I know about the Maryland Heights evacuation. I lost there about 14 wounded and 1 missing. About the Harper's Ferry affair, it was Saturday when the force was withdrawn from Maryland Heights. We had orders to be wide awake the whole night Saturday night.

Question. At what time of the day did the evacuation occur?

Answer. I cannot tell exactly the time; but I think it was between 4 and 5 in the afternoon. I had no opportunity to notice the time, but I think it was between 4 and 5 o'clock. I went to my colonel when I had withdrawn my regiment. Colonel D'Utassy at that time commanded the First Brigade. I reported myself to him. He asked me the reason why we left Maryland Heights. He was angry that I had left with my regiment. I told him I was one of the last, and that I did it by orders. The next morning the cannonade began from Loudoun Heights on our camp. That was Sunday. We were in readiness till the afternoon at 2 o'clock. In the morning, I think at 10 or 11 o'clock, I received an order from Colonel D'Utassy to send immediately down two companies to his headquarters, and report, under the command of Captain Hollingsby [Hollinde], to go and retake the four brass howitzers which were spiked the evening before and left on Maryland Heights, and an ensign left there. I sent down my two companies, and they went over with another company from the Sixty-fifth Illinois Regiment and brought those spiked brass guns down, and everything, baggage of officers, &c., that was left, and very little ammunition. In the afternoon, at 2 o'clock, I had orders to go with my regiment out on the right extreme and reconnoiter with four companies, to feel the enemy. After an hour, or perhaps less than that, we met the enemy's cavalry in force, and my skirmishers were shelled out from the woods and withdrawn. We again sent out a new force that relieved them; they stood there until dark in the woods, waiting for an attack.

Question. Was the flight of the One hundred and twenty-sixth New York Regiment universal?

Answer. It was almost universal.

Question. We have had the statement made here by one of the witnesses that, in the confusion, none of the officers that regiment, except a single lieutenant, could be found. That was after the colonel was wounded.

Answer. I have seen officers, just like the men, skedaddle.

Question. Did you see any exception to this among the officers? Did you see any officers of that regiment endeavoring to rally their men?