By the COURT:

Question. What is the distance from Maryland Heights to Solomon's Gap?

Answer. I do not know the distance. I know very little about the ground there.

By the JUDGE-ADVOCATE:

Question. Is it 3 or 4 miles?

Answer. I have never been at Solomon's Gap myself.

By the COURT:

Question. If you know nothing of the country there, have not visited it, how do you form your opinion as to its being the key of the position?

Answer. From information I have got from others.

Question. In what respect do you consider it the key? You say you do not know the distance from there.

Answer. I have understood the distance from where the battery was placed to be some 2 1/2 miles. I have made very particular inquiries about Solomon's Gap, although I have never been there, for this reason: Some two or three weeks before I left Kearneysville, I had orders from Colonel Miles that, if I was attacked and forced to fall back to fall back to Solomon's Gap, and take up a position there. I therefore had the whole road marked out.

Question. Do you mean you would have occupied Solomon's Gap with all your force, instead of occupying Maryland Heights?

Answer. No, sir: I would have placed a battery at Solomon's Gap, and perhaps two regiments of infantry to support it.

Question. Do you know whether the enemy were in force in what we call Pleasant Valley?

Answer. Yes, sir; they were in force.

Question. They occupied that, and could occupy it without going through Solomon's Gap?

Answer. Yes, sir; I think they could.

Question. With the enemy then in Pleasant Valley, Solomon's Gap would not be the key to the position; they could approach Maryland Heights from that direction?

Answer. Yes, sir; they could approach Maryland Heights in that direction. But then it is almost impossible to take possession of them if there were any force at all to oppose the enemy.

Question. Is there any communication between Pleasant Valley and Solomon's Gap?

Answer. I do not know.

Question. That is, could not the enemy push in between Solomon's Gap and Maryland Heights from Pleasant Valley?

Answer. I should think they could; but I do not know. I have here the written order from Colonel Miles directing me to take my regiment to Maryland Heights and report to Colonel Ford, and two written orders to fall back to Harper's Ferry.

Question. From whom are the orders to fall back?

Answer. From Colonel Ford.

Question. At what time did you receive them?

Answer. Perhaps it was 3 o'clock. I am not at all certain about that.

Question. Read the orders to fall back.