lookout when I first went there, and I saw some 8,000 or 10,000 of the enemy away down in the valley beyond, toward Knoxville, off to the left, perhaps, of Knoxville. I could see them distinctly there, maneuvering.

Colonel SIMEON SAMMON, called by the Government, and sworn and examined as follows:

By the JUDGE-ADVOCATE:

Question. What position do you occupy in the military service and did you occupy during the late events at Harper's Ferry?

Answer. I was colonel commanding the One hundred and fifteenth New York Volunteers.

Question. Were you present before and at the evacuation of Maryland Heights?

Answer. I was.

Question. Will you state, from your knowledge of all the circumstances which attended that evacuation, whether, in your judgment, it was necessary at the time it occurred?

Answer. I would like to give a direct answer, but, owing to not having any knowledge of the force there was against us, I cannot answer directly. I should say that if the force of the enemy that I saw crossing the pontoon bridge, and arriving in Harper's Ferry after the surrender, was surrounding us at that time on Maryland Heights, it would be proper to evacuate them.

Question. Judging from the force you saw there at the time, what was your judgment as to the necessity of the evacuation when it occurred?

Answer. I saw no force.

Question. Was there anything in the condition of our forces which called for the evacuation at the moment?

Answer. It would be well, perhaps, for me to state the position that I occupied while on Maryland Heights. I came there near 12 o'clock on Saturday, the day of the evacuation, and was assigned a position in front of McGrath's battery. I saw none of the Federal forces, where they were stationed, and but few of the enemy, very few, indeed. Between 3 and 4 o'clock of the same afternoon I was ordered to retire in good order to Harper's Ferry, and did so.

Question. You were not in any engagement?

Answer. Nothing but some slight skirmishes in front of us, where we were posted.

Question. Did you have an opportunity to see the conduct of the One hundred and twenty-sixth New York Volunteers?

Answer. No, sir; I did not.

By the COURT:

Question. Did you lose any men in killed and wounded in your regiment on Maryland Heights?

Answer. We had some 5 wounded on Maryland Heights. One of my captains was seriously wounded.

Question. What number were there in your regiment that you took up there?

Answer. We had about 900. They were not alls immediately under my command.

Question. That number were taken on the heights?

Answer. Yes, sir.

Question. Have you an idea how much ammunition was expended

40 R R-VOL XIX, PT I