Answer. Just before that. I came right down to report the fact to Colonel Ford.

Question. Between the time that Colonel Miles left and the order for the evacuation of the heights, had there been any serious fighting?

Answer. No,sir; not very serious fighting; constant skirmishing.

Question. Had anything occurred which would have induced an evacuation or rendered an evacuation more necessary than at the time Colonel Miles was there himself?

Answer. Yes, sir; I think something had occurred to render it more necessary from this fact: When I left Colonel Miles and Colonel Ford, I went immediately up on the western slope, and went within a short distance of the lookout. The orderly who was with me crawled up to the edge of the bluff, and looked over to see if he could see any Confederates. He reported that he could not see any. Then I went along the ridge until I came to my regiment. I immediately put the regiment in motion on the advance, and the skirmishers were immediately driven in by a volley from the enemy.

Question. Was that all you saw?

Answer. That was all.

Question. Was that reported to Colonel Ford?

Answer. I sent my adjutant to report to him; I do not know whether he did or not.

Question. How many did you lose, killed and wounded, in your regiment?

Answer. I had 11 men wounded and 3 killed, I think; 1 captain killed.

Question. Were those killed on Maryland Heights?

Answer. No, sir; 2 were killed on the heights, and, perhaps, 5 wounded; and then there were several of my men missing. Three Ohio companies were in my command. I do not know how many of them were killed and wounded.

Question. You say that when you saw that additional force of the enemy they fired a volley upon you. Did they drive your regiment back?

Answer. No, sir.

Question. Did you report to Colonel Ford that you were driven back and could not hold your position?

Answer. My skirmishers were driven in, and Captain Pratt reported that the enemy were in strong force.

Question. Were you driven back?

Answer. No, sir; I held my position. Colonel Ford sent up two companies of the One hundred and fifteenth New York, and they were placed to the left of my men.

Question. Did you hold that position all the time?

Answer. Yes, sir; until I was ordered to fall back to Harper's Ferry. I will say this in justice to Colonel Ford, that while holding that position I sent my adjutant to report that I must have re-enforcements in order to hold it.

Question. From the appearance of things when you were ordered to fall back, how long do you think you could have held that position with the number of men you were losing in killed and wounded?

Answer. Indeed, I cannot tell; I might have held it an hour. I stated before that I do not think the position could have been held longer than till morning, for I took it for granted that the enemy would mass his troops during the night and attack at daylight.

Question. I understood that to apply to the heights generally. I am speaking now of your particular position. You say that two companies