any place, take the best men in the world and there will always be some who will become scattered and demoralized. I have seen enough to know that.

Question. How were you doing when the order finally came to retreat?

Answer. The enemy were picking off my men. They were skirmishing some little. We had a line of battle thrown up across the ridge, and I believe that with proper re-enforcements I could have held the position, perhaps, against the force of the enemy there then. I had every reason to believe the enemy were bringing up re-enforcements. I therefore sent to Colonel Ford for re-enforcements, and said I must have re-enforcements to hold my position. I had, I suppose, only about 300 men, in addition to the two companies of the One hundred and fifteenth that were sent up and put on my left.

Question. Do you know of any individual of the enemy having been killed or wounded during the siege of Harper's Ferry?

Answer. I have strong reasons to believe that there was a negro killed, who had wounded 2 or 3 of my men. I know that an officer took deliberate aim at him, and he fell over. He was one of the skirmishers of the enemy, and wounded 3 of my men. I know there must have been some of the enemy killed.

Question. How do you know the negro was killed?

Answer. The officer saw him fall.

Question. Did you see him fall?

Answer. I did not.

Question. The object of the question is to ascertain whether you know, of your own knowledge, that any of the enemy were killed?

Answer. I saw none of them dead that I know of.

Question. Did you see any of them wounded?

Answer. No, sir. Because the enemy, of course, were advancing nearly all the time.

Question. They were covered by the woods?

Answer. Yes, sir. I should think it was about an equal fight.

By the COURT:

Question. At the time the order came for evacuating the heights, do you think they could have been held sufficiently long to have sent down and reported the case to Colonel Miles, and to have received re-enforcements?

Answer. I do, sir; I certainly think they could have been held sufficiently long for that. It certainly would not have taken more than an hour to have gone to Harper's Ferry and returned; that is, if Colonel Miles could have been found. I had great difficulty myself in finding him when I sent an orderly to him.

By the JUDGE-ADVOCATE:

Question. You stated that they could have been held probably until the next morning?

Answer. Yes, sir; I said so. I knew the enemy were massing their forces, and during the night would take the ridge. When they once got through Solomon's Gap they had an equal advantage with us, and when they once got this side of the lookout they had every advantage, for they had everything in their favor.

Question. What is your judgment, as a military man, about the failure to defend Solomon's Gap?

Answer. If I was ordered to hold Maryland Heights, I never should attempt it unless I was permitted to fortify Solomon's Gap-put a battery there with infantry; that certainly is the key to the place.