enemy approaching in front and by way of Sandy Hook, coming up on the left?

Answer. You mean in the valley?

Question. In the valley.

Answer. I could not. I never was by the lookout, only at the time we left the field.

Question. Were you in a position to see the enemy approaching down toward Unsell's, an old house across toward the spring, and down that side?

Answer. I saw none.

Question. Did you know that on the point of the hill I had a force stationed, under command of Captain Palmer, so as to prevent them from erecting a battery there and shelling us out?

Answer. I did not.

Question. You do not know the arrangement of the forces there?

Answer. I do not. I only got there when the sun was about an hour high. I only noticed where Captain McGrath was throwing his shells as I was passing the battery with my men.

By the COURT:

Question. Do you know of a single one of the enemy being killed or wounded during the siege of Harper's Ferry?

Answer. Do you mean on Sunday and Monday?

Question. At any time during the operations there; of your own knowledge.

Answer. I saw men fall. I do not know whether they were killed or not.

Question. How many?

Answer. I could not say how many; perhaps a half dozen.

Question. Where was that?

Answer. Around the breastworks on Maryland Heights. The enemy were covered with the brush; the bigger portion of the time you could not tell where they were, that is, only by their fire; you could not see them. There were trees in our front, that is, small trees felled. I should think something like chestnut trees, with yellow leaves on them. The trees had been cut down and the leaves had withered and faded. The enemy were in the edge of this brush.

Question. Did not your regiment break and run off, and disgrace itself on that occasion?

Answer. Not that I know of.

Question. You were there, were you not?

Answer. I was.

The Commission adjourned to 11 a.m. to-morrow.

WASHINGTON, D. C., October 9, 1862.

The Commission met pursuant to adjournment.

* * * * * *

Lieutenant Colonel S. W. DOWNEY,called by the Government, and sworn and examined as follows:

By the JUDGE-ADVOCATE:

Question. What position do you hold in the military service?