Question. Did you see any efforts made on the part of officers of other regiments to rally your men?

Answer. I did not, any more than all the officers were there, and they were rallying all the men. Whether they were rallying mine or their own I do not know. They were encouraging their men, like all the officers I saw, to try to hold the works.

Question. Did you hear any complaints of your regiment, particularly, that day?

Answer. I did not that day. I heard afterward that they had a great deal of trouble in trying to stop my regiment. I took it for granted that they had seen a few of my men with other men, as they were straggling down the mountain, and took them all for the One hundred and twenty-sixth, because they saw this big number. I think I fetched off my regiment in as good order, when we did evacuate the heights, as any regiment, under the circumstances.

Question. We had reference to their coming from the breastworks. Did they come from the breastwork in as good order as any other regiment?

Answer. Yes, sir; there was no order about it. They could not fall back in order. If they fell back at all they had to scatter. It was one of the worst places I ever saw. It was a complete ledge of sharp-edged rocks, and brush, and logs. In fact, I saw no place where the men could get back at any advantage only by this path.

Question. What was done with the killed and wounded there at the breastwork?

Answer. The wounded were taken to the rear by men helping them off.

Question. What became of the killed?

Answer. They were left there, all that I saw.

Question. Do you know how many were killed in your regiment?

Answer. I do not know exactly how many there. The killed did not amount to more than 5 or 6 or 7; something like that. We afterward had 13 killed on Bolivar Heights during the cannonading, and 7 wounded. I think 1 officer was killed.

Question. How long have you been in service?

Answer. I started a year ago last May.

Question. In what capacity, and in what fights have you been?

Answer. I started in the Thirty-eighth New York as a captain. The first battle I was in was at Bull Run, a year ago. I was promoted to major; my commission dates the 11th of January last. I was through the siege of Yorktown and in the battle at Williamsburg.

Question. In the same regiment?

Answer. Yes, sir.

Question. You were in the battle of Williamsburg?

Answer. Yes, sir; and at Fair Oaks, and through the change of base there from Fair Oaks, White Oak Swamp, and Malvern Hill.

Question. Compared with the regiments you have seen in any of the fights heretofore, how did your regiment behave at Maryland Heights?

Answer. I thought they behaved very well. I think a green regiment will behave much better in a place like that than they will in the open field. My regiment had not been drilled; they had not been taught their loadings and firings. They behaved as well as any green regiment I ever saw. There are always some in all regiments; I never saw one but what there were some skulks who will go to the rear if they can get there.

Question. Do you recollect any officer in the regiment that you considered behaved very badly that day?

Answer. I do not.