with those that Major Grafflin had brought up, on a little ridge this side of the lookout; that is, from where the battery was posted, and I formed a line across there. Just as I got up there Major Grafflin, of my regiment, said that he was ordered to cover our retreat. I asked by whom. He said by Major Hewitt. I said, "Major, you hold your position here until I return, because I think the order is wrong, and that there is no order to retreat." I rode down then to see Colonel Ford, to see what was the order. I saw Colonel Ford at the battery, in company with Colonel Miles. Said I, "Colonel Ford, an order, said to come from you, has been given for the forces to fall back, to retreat." I do not know as those were the exact words; that is the sense of it, at any rate. Says Colonel Ford, "I gave no such order at all." I turned to Colonel Miles and said. "Colonel Miles, did you give the order?" Said he, "I did not." Said I, "An officer on the heights gave such an order, and said the order was given to him by the commanding officer." Then Colonel Ford and Colonel Miles ordered me to retake the position. I asked, "What troops will you give me to support me?" I think Colonel Ford said, "The One hundred and twenty-sixth New York Regiment will support you;" perhaps some other troops. That was about 11 o'clock in the morning, I think. I then got on my horse and took an orderly and went up the western slope again, meeting some few men near Unsell's house, I think. After I struck the path up the mountain, I do not think I met a single man. I went in sight of the lookout. I was afraid to go there alone, for I knew the Confederates were in force behind those breastworks, the logs thrown up. I then struck along the ridge and went out to where I knew my regiment was posted. I found Major Grafflin there; he had the advance. I called him and Adjutant Ambrose, of my regiment, up to me, and a lieutenant of one of the regiments on the heights. I do not know what his name is; he had a red cap on. I called those three gentlemen up, and called Major Hewitt up. Said I, "Major, that position was evacuated or left, it was said, by your order. Here is the horse of the orderly that brought the order." Said I, "Did you give the order for the force to fall back from that position?" Said he, "I did give the order." I then took command of all the troops, by order of Colonel Ford, that were on the heights, and took the advance with my regiment. I think there were some other troops besides the One hundred and twenty-sixth with me. I do not know what regiments they were. I do not know that the Thirty-second Ohio were there then. Some of the troops were rallied, and my major took command of them. I visited Colonel Ford the second time to get re-enforcements. I can state, in this connection, what Major Grafflin, of my regiment, said of the One hundred and twenty-sixth Regiment, I think it was. He was ordered to advance, and Captain Pratt's company, of my regiment, was put in the advance as skirmishers, and then my regiment followed, with the One hundred and twenty-sixth New York, if I mistake not. They encountered the enemy within perhaps 400 yards of the lookout, and the skirmishers were driven in. At the first fire, the first volley, whatever troops they were, fled, so Major Grafflin stated. When I came up I found that he had taken a very good position, but he said he could not advance any farther unless he had re-enforcements. I then took command of the regiment myself, and sent my adjutant to Colonel Ford to say to him that I must have re-enforcements in order to hold that position where I was, and that I must have still more re-enforcements in order to execute his first order. My men were then skirmishing slightly, not very heavily. From all appearances, I concluded the enemy were in heavy force this side of the lookout; that is, between the battery along the ridge and the lookout. That is the narrative, as near as I can remember.

Question. The evacuation took place at what hour?

Answer. I reached the heights, I think, about 9 o'clock. At the time I reached the summit I suppose it must have been 10 o'clock. I had my watch with me, but did not look at it, as I was very busy at the time. When they commenced falling back from the lookout I think it was about 11 o'clock.

By the COURT:

Question. Did you witness any gross misconduct on the part of the One hundred and twenty-sixth New York Regiment?

Answer. I do not know. I know that there was a regiment in particular that I turned to and said, "Men, we must retake this position."

Question. You do not know that that was the One hundred and twenty-sixth?

Answer. I know that there were some of the One hundred and twenty-sixth with them; I do not know that they were all of the One hundred and twenty-sixth. I turned to the officers and men and made them a speech, and told them that we must retake that position; and some officers-who they were I do not know-turned to me