Question. Were you consulted at all in reference to the evacuation of the heights?

Answer. No, sir.

Question. Do you know if any of the other colonels were?

Answer. I do not.

Question. Have you the order you received from Colonel Ford; of so, will you read it?

Answer. Here is a copy of it:

HEADQUARTERS THIRD BRIGADE,
Maryland Heights, Md., September 13, 1862.

You are hereby ordered to fall back to Harper's Ferry in good order. Be careful to do it in good order.

By order of Thomas H. Ford, colonel, commanding Third Brigade.

Question. Was it signed by anybody?

Answer. No, sir.

Question. Why did you take it for an order, then?

Answer. I took it because I supposed he had signed it himself.

Question. He would not have said "by order" of himself; he would have simply signed it.

Answer. It was brought by Major Steiner.

Question. Did you see any instances of bad conduct on the part of any troops that day, breaking and running away on the heights?

Answer. I saw very many troops, soldiers standing about near Colonel Ford's headquarters. Not knowing where they came from, nor what they were doing there, I made the inquiry of Colonel Ford, in the presence of Colonel Miles. Colonel Miles stated that the One hundred and twenty-sixth had behaved very badly, and confirmed it with an oath. Colonel Ford remarked that he had to place a guard across the roadway, or a company, I forget which, to stop them; but they could not stop them. Immediately afterward I got my orders to go where I was to take my position, and that is all that I know about it.

By Colonel FORD:

Question. Were you not stationed in the valley near the side of the mountain, immediately in front of the battery, in such a position that you could not see either our forces or the forces of the enemy?

Answer. That was our position. We could not possibly get a view of the enemy, or of any of our forces.

Question. By whose order were you placed in that position?

Answer. When I inquired where I was to go, Colonel Miles and Colonel Ford consulted about it, and, after consultation, Colonel Ford said I must leave two of my companies and take the remainder of my regiment, under the direction of Major Steiner, which I did.

Question. I sent Major Steiner with you as a guide?

Answer. Yes, sir; to direct me where to go. I was unacquainted with the locality, and he was sent to lead us to our position.

Question. Did you see Colonel Miles and myself together as we were retreating from the mountain; if so, when and where, and was our interview pleasant or otherwise?

Answer. I saw them just after passing over the pontoon bridge, and passing under the railroad bridge, on the rise in the armory yard, both together, on horseback. As my order was to return from Maryland Heigths to Harper's Ferry, I then addressed Colonel Miles, and told him my regiment was there, and asked him where I must go. He then beckoned to Colonel Ford, and they consulted again. Colonel Ford turned around and said, "Colonel, take your regiment to the position you occupied on Bolivar Heights." That was all I heard or saw about them. The interview appeared to be pleasant, very much so, so far as I could judge from their countenances.